New Party Rights Lawsuit Filed

On April 15, a unit of the Virginia Republican Party filed a federal lawsuit, to enforce a party bylaw. The bylaw says no one can vote in the Republican primary if they voted in the Democratic primary for the preceding 5 years. Current Virginia state law requires that all primaries be open to all registered voters; Virginia has no registration by party. Miller v Brown, 3:05cv-266, eastern district.


Comments

New Party Rights Lawsuit Filed — 4 Comments

  1. Washington State is in a similar situation. We have no party registration, and an initiative was adopted in November to create a Louisiana-style top-two primary. The Democratic and Republican Parties intend to nominate candidates by caucus and convention processes in June for the few partisan races on the ballot this year. They are then expected to sue election officials to keep any other candidates from using their parties’ names on the ballot. This should be very interesting.

  2. Chesterfield County Republican Committee is engaged in a futile legal effort which, even if successful, will have no meaningful results. The party has filed a federal lawsuit to restrict participation in the June 14, primary to party members, citing their Constitutional right to association or disassociation with those deemed undesirable.

    Although technically and legally correct, Virginia lacks the capacity to comply with the wishes of the Republicans. The Commonwealth does not have registration by party and therefore it would be impossible to prevent Democrats and Independents from voting in the Republican nomination contests.

    There is however a method available to them to restrict participation to party members. It is called a caucus. The primary is run by the state, paid for by taxpayers, and therefore open to all registered voters regardless of partisan affiliation. A caucus is administered by the party. They could adopt rules requiring loyalty oaths or even pre-registration to vote.

    In addition to providing the GOP with a closed nomination process, a caucus would have the added bonus of not costing the state money. Why should Virginians continue to fund a process whose sole beneficiary a political party which doesn’t what their participation?

  3. Sounds like the VA group wants to be a country club instead of a political party.
    WA state: Parties can endorse candidates, but they cannot officially nominate candidates unless state law so provides. The smart thing would be for the parties to require any candidate seeking their endorsement to pledge to support the convention’s choice(s). A lawsuit in this area will indeed be interesting.
    If the WA legislature doesn’t make the necessary changes in the “top two” election system (Initiative 872, passed last Nov.)by next year, the parties should definitely file a federal suit against that system.
    My state is also among the 21 states without party registration. On May 3, many Republicans will vote in the Democratic primary in my city’s elections, since that’s where the action is. If this practice is ever challenged in the federal courts, I believe it will be outlawed.

  4. Independent Green Party of Virginia Greetings.

    Ballot Access News Thank You for another great job keeping us up to date.

    The more exclusionary the repubs become the better for our Independent Green Party – fiscally conservative, socially responsible.

    We’ve put some 60 greens on the ballot in Va just since 1999. Some of our best candidates – like Joe Oddo – in 2004 for Congress – were former Repubs..

    This year the shocker is the repub state central committee action last month. They met and threw the sitting state Senator Russ Potts out of their party. Russ dared to run for Governor as an Independent.

    You won’t be surprized. Our Indy Green Party feels great admiration for Senator Pott’s courage to stand up to them.

    Again, thank you.

    Carey Campbell,
    State Chairman, Independent Green Party of Va

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