Virginia’s Incumbent Protection Act Ruled Unconstitutional

Virginia’s Incumbent Protection Act violates the First Amendment, the U.S. Court of Appeals for the Fourth Circuit affirmed Jan. 9.

The act infringes on political parties’ First Amendment right to free association, as it limits their ability to select candidates for office as they see fit, the appeals court said.

Virginia generally lets political parties nominate candidates for office in whatever way they want—e.g. through primaries, party canvasses, conventions, or mass meetings. But the Incumbent Protection Act lets members of the commonwealth’s General Assembly who are running for reelection pick the nomination method they prefer, regardless of the party’s ...