tomorrow also which names will be first. will it be romney or ron paul. i'm not sure there's a whole lot of time. but you're correct. governor perry did sue really late today. i talked to both the chairman of the state board of elections and the executive director of the republican party and they had not been served yet. they weren't even aware of the lawsuit or that it was coming. >> if the virginia republican party decided to pull an all nighter and do something, if they wanted to do something by tomorrow morning in terms of getting the results certified, do they have anything they could do to allow more on the ballot? or is this really legally done? >> well, i think first of all it's too late. because those signatures, the certification was due today to the board of elections. december 27th. they've sent the results to the state board of elections. that part is over. but they're actually not in charge. they don't make the rules. this is the law of virginia. so the law would need to change. virginia as you know has one of the hardest most difficult processes to get on the ballot. and to change the general assembly, the legislature would