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.
Ballot Access News
Edited By Richard Winger
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.