A federal judge on Friday tossed out a lawsuit brought by a U.S. Senate candidate from Virginia who wanted to be included in a debate planned for next week.
U.S. District Judge T.S. Ellis III granted a motion to dismiss the suit brought by Democratic candidate Julien Modica, who sought to be included in a debate that will take place in Richmond Wednesday as part of the annual AP Day at the Capitol.
In order to participate, candidates were required to average 15 percent or better in published, non-candidate primary polls, and raise at least 20 percent as much money as their parties’ front-runner by the end of October.
Only former governors Timothy M. Kaine (D) and George Allen (R), the two best-known candidates seeking to succeed retiring Sen. James Webb (D), met the requirements..
Republican candidates Jamie Radtke and Timothy Donner also have complained about being excluded. But only Modica sought redress in the courts, filing suit in the U.S. District Court in Alexandria against the Virginia Capitol Correspondents Association and the Associated Press.
(Full disclosure: Washington Post staff writer Anita Kumar is a member of the VCCA and serves on a committee that helped organize the debate.)