Virginia Will Appeal Ruling that Invalidated Open Primary

The Virginia Attorney General said recently that the state will appeal Miller v Brown to the 4th circuit. Miller v Brown is the US District Court decision that said if a political party wants to exclude non-members from its primary, it may do so.


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Virginia Will Appeal Ruling that Invalidated Open Primary — 1 Comment

  1. It’s worth noting that the district court’s ruling allows a party to determine who votes in its primary in only one circumstance.

    When an incumbent (under the Incumbent Protection Act) chooses a primary as his method of renomination, the party may exclude non-members from that primary.

    If, however, the party freely chooses a primary over the other methods of nomination, the party is required to open that primary to all voters.

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