Texas Gov. Rick Perry is appealing a federal judge’s decision not to force Virginia to add his name and the names of three other Republican presidential candidates to the state’s primary ballot.

A lawyer for Perry filed the appeal Sunday, just two days after U.S. District Judge John Gibney determined Perry, former Pennsylvania Sen. Rick Santorum, former House Speaker Newt Gingrich and former Utah Gov. Jon Huntsman waited too long to complain about the state’s tough ballot restrictions.

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