On October 13, the Virginia Republican Party voted to use a convention, not a primary, for the U.S. Senate race in 2008. The vote was 47-37. Those who support a convention said one reason they voted for a convention was that they don’t want outsiders helping choose the Republican nominee. Although the party won a lawsuit on October 1 in the 4th circuit on this matter, the ruling only applies when the party is being forced to hold a primary. In this instance, the decision was the party’s to make, so the ruling doesn’t apply.

Virginia law lets incumbents who are running for re-election dictate whether the party will use a convention or a primary. In the case of the U.S. Senate race, no Republican is running for re-election. Incumbent Senator John Warner is retiring.