After failing to provide enough voter signatures to make it on to the primary ballot in Virginia, Republican presidential candidate and Texas Gov. Rick Perry is resorting to suing the state.

Perry’s campaign on Tuesday filed suit in United States District Court for the Eastern District of Virginia, seeking to have the ballot access requirements in Virginia struck down as unconstitutional.

Virginia requires candidates to provide 10,000 signatures of valid voters. Only former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul met the requirement.

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