Fourth Circuit Won’t Grant a Stay in Virginia Case on Who has the Power to Choose a Party Nomination Method

Virginia law lets all qualified parties decide whether to nominate by primary or convention. They are free to use primaries for some races and conventions for other races, in the same election year. However the law also says if an incumbent office-holder is running for re-election, he or she can override the wishes of the party. A unit of the state Republican Party is currently suing to overturn that law.

On October 10, the Fourth Circuit refused the state’s request for a stay of the U.S. District Court decision. The U.S. District Court had declared the law unconstitutional. The Fourth Circuit also said oral argument will be held in this case sometime between December 11 and December 13.

The order identifies the three judges who are assigned to the case. They are J. Harvie Wilkinson, a Reagan appointee; Diana Gribbon Motz, a CLinton appointee; and Allyson K. Duncan, a Bush Jr. appointee. The case is Sixth Congressional District Republican Committee v Alcorn, 18-1111.


Comments

Fourth Circuit Won’t Grant a Stay in Virginia Case on Who has the Power to Choose a Party Nomination Method — 5 Comments

  1. Richard, Just wondering that, since individual state election laws affect candidates for federal office who enact legislation which affects voters in all states, couldn’t a Supreme Court case be made for some standardization? I’m thinking that, as Trump appoints more and more conservative justices and the Court tilts further to the right, that something like this may actually be viable. But then again, trusting congresscritters could make things worse.

    Lots of issues recently with congressional districts, so perhaps an anti-gerrymandering case to start with?

  2. Speaking of judges, Richard, did you ever publish Kavanaugh’s record on election case issues? I don’t recall seeing it.

  3. PUBLIC Electors (all or parts) doing PUBLIC nominations for PUBLIC offices according to PUBLIC laws.

    The incumbent machination is a DIRECT violation of the NO Title of Nobility language —

    special folks by their special status/title having special powers.

    See the old movies of the European nobility in pre WW I.
    —-
    Yet another example to have —

    NO primaries, caucuses and conventions.

    Ballot access ONLY via equal nominating petitions / filing fees


    PR and AppV

  4. Walter, Judge Kavanaugh had a bad record for minor parties. See the August 1 2018 print edition of Ballot Access News, front page.

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