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The court said in its opinion that it could not grant the "extraordinary" remedy requested. "If we were to grant the requested relief, we would encourage candidates for president who knew the requirements and failed to satisfy them to seek at a tardy and belated hour to change the rules of the game."

Perry had maintained that Virginia's ballot inclusion requirements — which require candidates to each obtain 10,000 signatures, with at least 400 coming from each congressional district — were overly burdensome and unconstitutional.

“Virginia ballot access rules are among the most onerous," Perry spokesman Ray Sullivan told ABC News in a statement. "We believe that the Virginia provisions unconstitutionally restrict the rights of candidates and voters by severely restricting access to the ballot, and we hope to have those provisions overturned or modified to provide greater ballot access to Virginia voters and the candidates seeking to earn their support.”