Voters at a polling station in Buckingham County. (Photo by Parker Michels-Boyce for the Virginia Mercury)
Republican leaders in Virginia’s 6th Congressional District have voted overwhelmingly to challenge a new state law they say strips political parties of their right to control their own nomination process.
On March 1, members of the district’s GOP committee by a 22-1 margin agreed to file a lawsuit seeking to overturn what has been dubbed Helmer’s law, named after Del. Dan Helmer, D-Fairfax, who sponsored the legislation in 2021. The law effectively forces parties to nominate candidates through state-run primary elections rather than their own party-run contests.
The lawsuit, which Republicans said will be filed by Staunton attorney Jeff Adams, argues that the law — which went into effect in January 2024 — violates both the U.S. and Virginia Constitutions by removing a party’s ability to determine how it selects its own nominees.
Republicans have long expressed concerns that because Virginia does not require voters to register by party, the law allows Democrats to participate in Republican primaries, and vice versa, potentially influencing the outcome.
John Massoud, chairman of the 6th Congressional District Republican Committee, made it clear that the legal challenge is not aimed at any specific Republican elected officials, all of whom the committee continues to support. Instead, he framed the legal challenge as a fight for the party’s fundamental rights.
“We believe that the law in question, which went into effect in January of 2024, is a civil rights lawsuit in which something was stolen from us. And that is our right to select our nominees by a method which we choose, not a process which is imposed on us from Richmond,” Massoud said at the committee meeting last week.
Massoud’s sentiments were echoed by nearly every district committee member who spoke on the issue, with the overwhelming vote demonstrating broad Republican opposition to the state-mandated primary system in the 6th District, which leans strongly Republican.
The law in question, which received bipartisan support, was originally introduced by Helmer ahead of the 2021 legislative session. It mandates that all absentee voters — including those “serving overseas in the military, studying at higher education institutions, temporarily residing outside the country, living with disabilities, or exposed to communicable diseases” — must be given an opportunity to participate in the nomination process.
This requirement has effectively eliminated firehouse primaries, mass meetings, and conventions as nomination methods in Virginia, as these processes would make it impossible to accommodate absentee voters.
Last year, Virginia Attorney General Jason Miyares weighed in on the law, issuing a legal opinion that cast doubt on whether firehouse primaries remain a valid nomination method under the new restrictions.
“A political party may not select a nomination method that de facto requires covered voters to be physically present to participate or that otherwise has the practical effect of excluding their participation,” Miyares wrote in response to a request by Del. Todd Gilbert, R-Shenandoah County, the House Minority Leader.
The opinion came as Lynchburg Republicans attempted to hold a firehouse primary for an upcoming city council election — an effort that raised concerns about whether such a contest would be in violation of state law.
A spokesman for Miyares did not comment on the lawsuit by the time of this story’s publication.
By mandating state-run primaries, Helmer’s law effectively prevents political parties from holding closed nomination contests, a practice many Republicans favor. The 6th District GOP’s lawsuit follows a successful legal battle to overturn the Incumbent Protection Act, and party leaders see this latest challenge as a continuation of their fight to preserve party autonomy.
Helmer on Thursday pushed back against the Republican effort, arguing that the lawsuit against his 2021 election law misrepresents its intent and undermines the rights of active-duty military members, students, people with disabilities and Americans living overseas to participate in the nomination process.
“The Trump administration taking jobs away from thousands of thousands of veterans is no surprise, but now Republicans in the 6th District are trying to take away their ability to vote in elections, too,” Helmer said in a phone interview, condemning the GOP’s legal challenge.
Helmer insists that the law does not mandate state-run primaries, despite Miyares’ interpretation, but instead requires political parties to provide access for absentee voters who might otherwise be excluded from party-run nomination processes.
He dismissed Republican claims that the law infringes on party rights, describing it instead as an “accommodation bill” rather than a restriction on free speech or party autonomy.
Helmer also rejected concerns from some Republicans that Virginia’s lack of party registration allows Democrats to vote in GOP primaries, arguing there is little evidence to suggest widespread crossover voting is a significant problem.
“The evidence of that happening in large scale is basically nil,” Helmer said, adding that if Republicans “wanted to fight that battle,” they should focus on passing legislation to enact closed primaries statewide.
“That’s a fight they can fight, people can put forward a bill, but that’s not what people wanted to do in Virginia,” he said.
David Richards, a political science professor at the University of Lynchburg, sees the 6th District GOP’s lawsuit as another attempt to bring back firehouse primaries — a nomination method that, he argues, disenfranchises many voters who would otherwise participate in a primary election.
“This includes not just people out of the state serving in the military but anyone who wants to pop by the polling place and vote in a primary but does not want to spend four hours on a weekday night at a firehouse-style meeting,” he said.
Richards also noted that the lawsuit puts Miyares in a politically precarious position. While Republicans have historically used firehouse primaries to ensure their nominees are selected by party insiders, Miyares’ role in enforcing Helmer’s law could strain his standing within the party.
“Republicans have often used the firehouse primary system to ensure only GOP insiders get nominated. If Miyares continues to enforce the current law, it could possibly alienate him from the state GOP,” Richards explained.
With Miyares seeking re-election as Attorney General rather than challenging Lt. Gov. Winsome Sears in the gubernatorial race, the lawsuit could open the door for a GOP challenger to emerge. According to Richards, Republicans looking to unseat Miyares might seize this moment to align themselves with party activists who oppose Helmer’s law.
“Right now, Miyares does not have any serious GOP rivals for the nomination to serve another term as attorney general. Republicans thinking of challenging Miyares might see this as an opportunity to court the GOP and get their support if Miyares does not support the GOP effort to skirt Helmer’s law.”
Massoud, however, doesn’t want the pending lawsuit to be understood as an attack on Miyares.
“I think Attorney General Miyares is doing a great job, and I look forward to voting for him in 2025 and working together to get him reelected,” Massoud said in a phone interview Thursday.
YOU MAKE OUR WORK POSSIBLE.