[Download] "Larry Miller; 11Th Senatorial District Republican Committee, Plaintiffs-Appellees, V. Jean Cunningham, In Her Official Capacity As Chairman of the Virginia State Board of Elections; Harold Pyon, In His Official Capacity As Vice-Chairman of the Virginia State Board of Elections; Nancy RODRIQUES, in Her Official Capacity As Secretary of the Virginia State Board of Elections, Defendants-Appellants (United States Court of Appeals, Fourth Circuit)" by Election Law Journal # eBook PDF Kindle ePub Free
eBook details
- Title: Larry Miller; 11Th Senatorial District Republican Committee, Plaintiffs-Appellees, V. Jean Cunningham, In Her Official Capacity As Chairman of the Virginia State Board of Elections; Harold Pyon, In His Official Capacity As Vice-Chairman of the Virginia State Board of Elections; Nancy RODRIQUES, in Her Official Capacity As Secretary of the Virginia State Board of Elections, Defendants-Appellants (United States Court of Appeals, Fourth Circuit)
- Author : Election Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 392 KB
Description
Following the panel decision in Miller v. Brown, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing en banc. Judge Wilkinson dissented, criticizing the narrowness of the panel's rulings. Judge Wilkinson would have addressed two issues that the panel avoided. First, Judge Wilkinson would have struck down the Virginia law allowing an incumbent state legislator to choose among several methods of nomination. Allowing an incumbent officeholder to determine the method by which he will compete for re-nomination, Judge Wilkinson explained, facially discriminates against challengers, shuts down the political process, and violates equal protection. Second, Judge Wilkinson would have upheld the Virginia law requiring that any primary be an open primary, when that law is not triggered by the incumbent-selection mechanism.
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