Virginia Republican Party Wins Lawsuit Over Who Gets to Decide Whether to Use Primary Or Convention

The Virginia election law gives all parties the ability to decide whether to use a primary or a convention for any particular contest. But the law also says that when a party has an incumbent, then the incumbent, not the party, may make the final decision as to which method to use.

On January 19, 2018, a U.S. District Court struck down the law that lets incumbents dictate the nomination method. The case was filed by two subunits of the Virginia Republican Party and some Republican voters who are also party officers. Here is the 54-page decision in Fitzgerald v Alcorn, w.d., 5:17cv-16. The opinion is by Judge Michael F. Urbanski, an Obama appointee.

On February 5, Judge Urbanski stayed his own opinion, because the nomination for congressional candidates is about to begin in Virginia. Also Judge Urbanski noted this is a case of first impression and that it is conceivable that the Fourth Circuit will disagree with him. Thanks to Mark Rush for this news.


Comments

Virginia Republican Party Wins Lawsuit Over Who Gets to Decide Whether to Use Primary Or Convention — 2 Comments

  1. Court cases have to be filed the same day or day after all new rigged law changes

    — to even have a very slight chance for a court judgment to affect the immediate coming election.

    The HACKS non-stop plan –
    GET PAST the ELECTION,
    get past the courts,
    get past everything
    — STAY in POWER.

    About ZERO difference from tyrant dictatorships.

    The ROTTED SCOTUS fails to declare that UNCONSTITUTIONAL elections MUST BE REDONE

    — whatever the cost and effort.

  2. Can the Union Army be reborn and again liberate VA from its tyrant gerrymander HACKS from Hell ???

    NO primaries.

    Names on general election ballots ONLY by equal nominating petitions or filing fees.

    PR and AppV

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