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Home / Opinion Digests / ‘Incumbent Protection Act’ is unconstitutional (access required)

‘Incumbent Protection Act’ is unconstitutional (access required)

In rejecting the commonwealth’s challenge to a decision that the “Incumbent Protection Act” violates the First Amendment, the court found the law’s operative provisions are unconstitutional and impose a “severe” burden on the associational rights of Virginia’s political parties. Background The 6th Congressional District Republican Committee argues that Virginia’s Incumbent Protection Act, Virginia Code § 24.2-509(B), violates ...