Bacon's Rebellion

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Making Mischief With Election Law Changes

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Dick Hall-Sizemore
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Rep. Bob Good, Photo credit: Richmond Times Dispatch

by Dick Hall-Sizemore

Here is a recent tweak in election law that did not get a lot of public attention. Effective January 1, 2024, it will be almost impossible for a political party to use a convention to nominate a candidate for a Congressional district seat.  On its face the law still allows a political party of a district to determine how the nomination of candidate is made, but the 2021 change makes this stipulation:

A method of nomination shall not be selected if such method will have the practical effect of excluding participation in the nominating process by qualified voters who are otherwise eligible to participate in the nominating process under that political party’s rules but are unable to attend meetings because they are (i) a member of a uniformed service, as defined in § 24.2-452, on active duty; (ii) temporarily residing outside of the United States; (iii) a student attending a school or institution of higher education; (iv) a person with a disability; or (v) a person who has a communicable disease of public health threat as defined in § 32.1-48.06 or who may have come in contact with a person with such disease. However, such restriction shall not apply when selecting a candidate for a special election or nominating a candidate pursuant to § 24.2-539, or in the event that no candidate files the required paperwork by the deadline prescribed in § 24.2-522.

The next paragraph of the section makes an exception for General Assembly seats.  It still allows incumbents in those seats to choose the method of nomination.  (Of course, the members of the General Assembly are going to protect themselves!)

The legislation was introduced by Del. Dan Helmer (D-Fairfax).  It passed on a straight party-line vote in the House, but had bipartisan support in the Senate.

It will be interesting to see if any Republican challenges Rep. Bob Good (R) for the nomination in the Fifth District next year.  With Virginia’s open primary elections, that could make it a fun race to watch.

(Hat tip to Dwight Yancey of Cardinal News for pointing out this change in the law and for his speculation about the motivation behind Rep. Matt Gaetz’s (R-Florida) recent appearances with Good around the Fifth District.)

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12 responses to “Making Mischief With Election Law Changes”

  1. Nancy Naive Avatar
    Nancy Naive

    No dark horses running in a the last minute. However will Hollywood make a movie with John Doe sweeping into office?

  2. LarrytheG Avatar
    LarrytheG

    re: “… otherwise eligible to participate in the nominating process under that political party’s rules but are unable to attend meetings ”

    maybe I’m reading this wrong but it still looks like the party can make up the rules…but can’t exclude some classes from “participating”.

    Is it that there is a specific situation that they are looking at because it does not really look like an earth-shaking change to the status quo.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      The statute does not address whether the political party can exclude anyone in those classes. Rather, it says that a convention cannot be held if it would have the “practical effect” of excluding anyone in any of those classes. It seems to me that phrasing would rule out a convention unless a party could credibly claim that there is no one in those categories who would be eligible to participate in a convention. A primary, in which absentee voting is allowed, would be the only method that would not have the “practical effect” of excluding someone in those categories. Like all changes to election laws, the implementation of this one will probably be challenged.

  3. Stephen Haner Avatar
    Stephen Haner

    A Democrat introduces the bill, and only Democrats passed it out of the House. In the Senate, the aye vote was mainly Democrats with some R’s joining in (including for example Amanda Chase, always one to watch.) So why is the focus on Kiggins and Good, pray tell?

  4. how_it_works Avatar
    how_it_works

    “The next paragraph of the section makes an exception for General Assembly seats.”

    Of course it does. Probably the only way it got passed.

  5. Teddy007 Avatar
    Teddy007

    I guess the real issue is that the Republicans can use conventions to keep from nominating nutcase Trumpist in swing or competitive districts. But the Democrats would love for all the Republicans to be nominated by primary elections where the most extreme Republicans would vote for nutcase suicide candidates who would have almost no chance in a competitive district.

    1. WayneS Avatar
      WayneS

      And democrats voting in republican primaries could help push the nutcases over the finish line. And vice-versa, of course.

      There are no restrictions on who votes in which primary in Virginia. The only apparent limitation is that a person may only vote in one party’s primary in any given election cycle. This being the case, I think the change to the law could adversely affect the ability of both parties to choose their own candidates.

      1. Teddy007 Avatar
        Teddy007

        The Republicans realize that without a convention, Youngkin would have never been nominated and someone farther to the right would have been. And with Youngkin’s margin being so narrow, it shows that the Republicans do not have margin for mistakes.

        1. LarrytheG Avatar
          LarrytheG

          on display now in Congress…

          1. Teddy007 Avatar
            Teddy007

            Congress is more an example of what happens with extreme gerrymandering where there are almost no competitive districts in the general election. Congress has become more like a parliament with party discipline and acting on grudges. What would help Congress is taking power away from the speaker and giving it back to the committee chairs under normal rules. It could not be any worse and maybe a budget would be passed occasionally.

          2. LarrytheG Avatar
            LarrytheG

            I think that’s what the Dems are suggesting.. no?

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