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Home / Opinion Digests / Incumbent Protection Act struck down (access required)

Incumbent Protection Act struck down (access required)

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), provides an exception that empowers certain incumbent officeholders to select their party’s nomination method, even over ...