Open primary advocates lose another one in Federal Court
A Federal Appeals court has determined that a portion of an election law in Virginia requiring Democratic and Republican primary elections to be open to all voters is unconstitutional. According to the 4th U.S. Circuit Appeals panel,a political party has the right to restrict voting to its members when an incumbent has chosen a primary election to secure nomination for another term.
The case began state Sen. Steve Martin, a Republican, said he wanted to be nominated in a primary election. The Chesterfield County Republican Party brought the case, because under state law, an incumbent has the right to decide whether he wants to seek his party’s nomination through a primary, a convention or a caucus.
The Chesterfield Republicans successfully argued that Martin’s decision forced them to hold an open primary – and that having to allow Democrats to the polls would violate their rights to freedom of association.
The judges, however, rejected an argument that open primaries are unconstitutional in all circumstances, basically stating the matter was up to the political parties themselves as their right to free association.… Read More