The Richmond Times-Dispatch reports that:
A federal judge ruled yesterday that an open primary, in which any registered voter can participate, is not required.
The suit was brought on behalf of Chesterfield state Senator Steve Martin, who plans to opt for a primary in 2007 if challenged for the nomination.
The opinion says that in situations where an incumbent is choosing the method of nomination, and chooses a primary, that the State GOP may declare the primary to be closed to democrats and Independents. The opinion said that if a primary is held for an open seat or position the State GOP could not make it a closed primary.
Lead attorney state Senator Ken Cuccinelli declared it a 2/3 win for a closed primary, and said there would be an appeal of the “open seat” portion of the opinion.