On April 2, U.S. District Court Judge Elizabeth K. Dillon ruled against the Virginia Republican 24th Senatorial District Committee, in its lawsuit that sought the right to nominate by convention this year, instead of by primary. Virginia law says normally a qualified party can decide whether to nominate by primary or convention. But when the party has an incumbent who is running for re-election, he or she can override the party’s wishes and determine the nomination method.

The local party committee that filed the lawsuit wants to use a convention, but the incumbent State Senator wants a primary. The decision does not reach the merits of the dispute. Instead, it finds that the state party rules themselves do not give the local committees the right to challenge the state law. The state party rules say, “The Legislative District Committee shall determine whether candidates for Legislative District public office shall be nominated by Mass Meeting, Party Canvass, Convention or Primary, where permitted to do so under Virginia law.” The existence of those last eight words, according to the ruling, means that the state party wants the local parties to follow state law. Therefore, the state party presumably does not want the legislative district committees to challenge state law.

The decision also points out that the state Republican Party did not intervene in this lawsuit to suggest that its rules mean anything different. The case is Adams v Alcorn, w.d., 5:15cv-12.