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MILLER v. BROWN

Civil Action No. 3:05CV266-HEH.

465 F.Supp.2d 584 (2006)

Larry MILLER, and 11th Senatorial District Republican Committee, Plaintiffs, v. Michael BROWN, in his official capacity as Chairman of the Virginia State Board of Elections, Barbara Hildenbrand, in her official capacity as Vice-Chairman of the Virginia State Board of Elections, and Jean R. Jensen, in her official capacity as Secretary of the Virginia State Board of Elections, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

Opinion Granting Stay Pending Appeal January 16, 2007.

Attorney(s) appearing for the Case

Kenneth Thomas Cuccinelli, II, Cuccinelli & Day PLLC, Fairfax, VA, Patrick Michael McSweeney, McSweeney Crump Childress & Gould PC, Richmond, VA, for Plaintiffs.

James Walter Hopper, James Christian Stuchell, Office of the Attorney General, Richmond, VA, for Defendants.

MEMORANDUM OPINION (Granting in Part Plaintiffs' Motion for Summary Judgment)

HUDSON, District Judge.

This is a suit for declaratory relief challenging the constitutionality of Section 24.2-530 of the Virginia Code. Section 24.2-530 provides: "All persons qualified to vote, pursuant to §§ 24.2-400 through 24.2-403, may vote at the primary. No person shall vote for the candidates of more than one party." Va.Code Ann. § 24.2-530 (2006...

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