November 16, 2006
On Thursday, November 16, 2006, in the case of Larry Miller et al vs. Michael Brown et al, in federal court in Richmond, Ken Cuccinelli, II, argued that Virginia’s open primary law is unconstitutional. Cuccinelli was joined by Pat McSweeney on behalf of the plaintiffs, a local Republican Committee and its chairman. The defendants are the three members of the State Board of Elections.
The Republican Committee is seeking to exclude Democrats from its party nomination in June 2007. The State Board of Elections has declared that due to Va. Code §24.2-530 (the “open primary law”), they must allow Democrats in to vote in the Republican nomination.
Ken Cuccinelli is the lead attorney for the plaintiffs, and he argued today that the right to free association under the First Amendment of the U.S. Constitution forbids the state from dictating to political parties who may participate in their nominations. “If you belong to the Rotary Club, and you show up to elect officers at your annual meeting, you wouldn’t just let members of the Lion’s Club simply walk in and vote on the officers of the Rotary Club. So why should the Republican Party be forced by the Commonwealth of Virginia to accept their opponents – the Democrats – into Republican nominations? Under the First Amendment, political parties have the right to define their own membership without interference from the state.”
The case is one of first impression in the Fourth Circuit, and both parties expect the losing party to appeal to the Fourth Circuit, with a strong possibility that the U.S. Supreme Court may ultimately decide the case.
Working with Cuccinelli & Day, PLLC are Pat McSweeney and Wes Russell of McSweeney, Crump, Childress & Gould, P.C of Richmond.
For further information please contact Kenneth T. Cuccinelli, a member of Cuccinelli & Day PLLC at 703-268-5600.
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October 16, 2008
