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Democrats will pick a nominee Monday to replace state Del. Joseph D. Morrissey in a Jan. 13 special election. But the salacious political circus surrounding the seat may not end with the primary, as allies of the lawmaker plan a lawsuit to challenge the nominating process.

Morrissey, currently serving a six-month sentence on a misdemeanor charge, will not be participating in the evening caucus after party leaders severely limited participation. However, he could still run in the general election as an independent, a move that would once again force Democrats to contend with a member they would rather see disappear from political life.

After a conviction on the charge of contributing to the delinquency of a minor, the Richmond Democrat announced last week that he would resign from office but run again for his seat in the special election. He contends that he is innocent of all charges stemming from his relationship with a 17-year-old receptionist and that he pleaded guilty only to avoid a possible decades-long prison sentence. He and the teenager were framed, he said, by her jealous ex-girlfriend.

A work-release agreement allows Morrissey both to campaign and, should he prove victorious, serve in the legislature by day and jail by night. However, the future of that arrangement is in doubt after the lawmaker violated its terms by arranging a news conference without alerting the sheriffs office. A hearing on the issue will be held this week.

With only a few days between Morrisseys announcement and a Tuesday deadline to choose a nominee, Democrats limited the Monday evening caucus to party committee members. Only about 100 such voters exist in the district. Morrisseys law partner, Paul Goldman, has said a lawsuit will be filed challenging the constitutionality of the event.

They [would] do anything to stop Joe Morrissey from getting nominated, he said, and advised his partner not to participate. The lawsuit, he emphasized, will be filed on behalf of disenfranchised residents of the district, not Morrissey. Should a federal judge require a new election, Goldman said, one could still be held in time for the legislative session, which begins Jan. 14.

Party officials have countered that Virginia law allows them to decide their own nomination process. Justin Levitt, an election law expert at Loyola Law School, said that courts generally agree that the Constitution gives the party leadership a great deal of flexibility.

Morrissey can still get on the ballot as an independent by filing 125 petition signatures by 5 p.m. Tuesday. After winning a four-way primary in 2007, he has been sent to the House of Delegates four times, always with more than 70 percent of the vote. Should he return to the capitol, however, he will likely face an expulsion vote by his colleagues. A vote of two-thirds of the members of the House of Delegates would be required to force him out of office.

The caucus is being held in two locations in the Richmond area, from 7 p.m. to 9 p.m. Three Democrats are running to replace Morrissey: Henrico County School Board member Lamont Bagby, retiree Kevin Sullivan and former state delegate Floyd Miles Sr. Only one Republican is running in the overwhelmingly Democratic district: Matt Walton, a Glen Allen high school teacher.

Rachel Weiner covers local politics for The Washington Post.

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Democrats to pick new candidate for Joe Morrisseys seat