Attorney General Ken Cuccinelli II (R) on Tuesday asked a federal judge to reconsider his order prohibiting the State Board of Elections from printing Virginia’s presidential primary ballots.
U.S. District Judge John A. Gibney Jr. told Virginia officials Monday not to print or mailouts ballots for the March 6 Republican primary until the case filed by Texas Gov. Rick Perry is resolved.
State officials say they need to mail absentee ballots by Jan. 21 in order to get them out 45 days before the primary.
Perry and several other GOP candidates failed to qualify for the Virginia ballot, and the Texas govern has filed suit against the State Board of Elections and the state GOP to challenge the qualification rules.
Gibney also has granted a motion to intervene last week brought by former senator Rick Santorum (Pa.), former House speaker Newt Gingrich (Ga.) and former Utah governor Jon Huntsman to join the case. They, too, failed to qualify for the ballot.
Only former Massachusetts governor Mitt Romney and Rep. Ron Paul (Tex.) qualified by collecting the required 10,000 signatures.
Virginia’s ballot-access rules are considered the toughest in the nation. Candidates must collect 10,000 signatures, with at least 400 from each of the congressional districts.
A hearing on Cuccinelli’s request will be held Friday.
Also on Tuesday, the ACLU of Virginia filed a brief in court in support of the GOP candidates, arguing the state violated the candidates' rights when it prohibited them from using out-of-state petition circulators to gather the 10,000 signatures required for ballot access.