4th Circuit Decides Virginia Open Primary Case, Affirming Lower Court

You can find the opinion here. It begins: "Three officials of the Virginia State Board of Elections (collectively, 'the Board') appeal a district court order holding that Virginia's open primary law, Va. Code Ann. s 24.2-530 (2006), is unconstitutional as applied to the 11th Senatorial District Republican Committee and its chairman, Larry Miller, and enjoining the Board from requiring the Committee to hold an open primary in Virginia's 11th Senatorial District in 2007. The Committee cross-appeals another portion of that order holding that § 24.2-530 is not facially unconstitutional. For the reasons that follow, we affirm the district court order in its entirety."

Posted by Rick Hasen at October 1, 2007 12:35 PM