Republican Party of Virginia - Organization and Candidate Selection - Open Primary Litigation

Open Primary Litigation

Virginia does not provide for voters to register by party. Virginia law requires "open" primaries that are not restricted based on party registration:

All persons qualified to vote... may vote at the primary. No person shall vote for the candidates of more than one party.

In 2004, the Republican Party amended the State Party Plan to attempt to restrict participation in primaries to exclude voters who had voted in a Democratic primary after March 1, 2004, or in the last five years, whichever is more recent. In August 2004, Stephen Martin, an incumbent State Senator, designated that the Republican candidate for his seat in the November 2007 election should be selected by primary. The Republicans then sued the State Board of Elections demanding a closed primary be held, with taxpayer funding of a mechanism to exclude voters who had participated in past Democratic primaries.

The Federal District Court dismissed the suit on standing and ripeness grounds. The U.S. Court of Appeals for the Fourth Circuit reversed and sent the case back for a trial on its merits. The District Court then ruled that the rule forcing a party to accept the choice of its incumbent office holder of an open primary was unconstitutional. The state could continue to hold open primaries if a party opted for a primary instead of a mass meeting, party canvass, or convention to choose its nominees. On October 1, 2007, the Fourth Circuit affirmed this holding, which largely left Virginia's primary system intact, striking down only the rule allowing an incumbent officeholder to choose an open primary over the objection of his or her party.

The Republican State Central Committee dropped plans to require voters to sign a loyalty oath before voting in the February 2008 Presidential Primary. The party had proposed to require each voter to sign a pledge stating "I, the undersigned, pledge that I intend to support the nominee of the Republican Party for President." However, there was no way to enforce the pledge, and the proposal caused vocal public opposition.