Dell's Original Uncoverage Logo by Antonio F. Branco, Comically Incorrect

Tuesday, January 10, 2012

Virginia GOP Primary Field About To Expand

Virginia GOP Primary Field About To Expand


By Dell Hill

Via AoSHQ


From the Foundry, the judge has issued a five-page order signalling the likely disposition of one aspect of the suit:
There is a strong likelihood that the Court will find the residency requirement for petition circulators to be unconstitutional. The authorities make clear that circulating petitions for candidates is a form of protected speech, and that the Commonwealth has a heavy burden to justify the restriction on speech by showing not only that the limitation achieves a valid state interest but also that the limitation is no broader in scope than necessary to achieve that purpose. As in all strict scrutiny cases, the state has a difficult task to demonstrate the propriety of its limitation on protected speech. For this reason, the Court believes that the plaintiffs have a substantial likelihood of succeeding on the merits, at least on the issue of the validity of the residency requirement.

Dell's Bottom Line:

All things considered, this ruling is a good thing.  I've said from the start "Let The Voters Decide" and that, it seems, is what will happen.


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