Court Strikes Down Virginia Delegate Binding Law

U.S. District Court Judge Robert Payne today struck down Virginia’s law binding political party convention delegates to vote for the winner of the Virginia presidential preference primary.

The law, which is codified as Virginia Code § 24.2-545(D), reads in part “[t]f the party has determined to use another method for selecting delegates and alternates, those delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote.”

The suit, brought by 10th District RNC Delegate Beau Correll, adds some serious ammunition to the legal arguments made by non-Trump supporting delegates that laws requiring them to support a candidate on the first ballot are invalid as violative of the federal Constitution, and that only the RNC, RPV and Convention rules should apply to the decision.  Those rules have not yet been finalized, as they are being written by the National Convention Rules Committee prior to next week’s convention.

Existing Rule 16, however, requires that Delegates selected by a process that occurs prior to March 15, 2016 be allocated proportionally to the vote each candidate received in their state’s presidential preference primary.  Virginia law contradicts that requirement, instead binding all Delegates to support the winner of the primary.  Failing to follow the Virginia law includes a criminal penalty, which was sufficient for the Court to grant Correll standing to sue.  The Court held that, insofar as the RNC Rule and Virginia law contradicted each other, the Virginia law is invalid.

Correll was subject to a number of loud attacks from Donald Trump supporters since this lawsuit was filed, arguing that he should be removed from his RNC Delegate slot after the suit was filed, claiming that he had stated publicly he would support a 3rd party candidate for President.  This push began by 10th District Alternate Delegate Howie Lind, and can generously be considered self-serving, as Lind would be next in line for a full RNC Delegate slot were Correll removed.  This appeal was rejected by the 10th District Committee as specious.

Given that this suit confirms what many legal observers believed was settled law – that the right of free association does not permit such state based meddling in the internal processes of a political party – it does vindicate Mr. Correll and provides a boost to anti-Trump RNC Delegates who are looking for ways to avert Trump’s nomination next week.

It is unclear what impact this suit will have on events in Cleveland.  Even were Virginia delegates unbound on the first ballot, it is not certain how many would choose to vote for another candidate than Donald Trump – or even if another candidate will be permitted to have his name entered into consideration from the floor.  This was the result in the 2012 election, when RNC rules were used to thwart Ron Paul delegates from having their votes counted for Ron Paul rather than Mitt Romney.

At best, this decision adds a bit more drama to a convention process that is normally a fait accompli.  At worst, it has the potential to up end the entire convention, especially if there are enough Delegates on the Rules Committee willing to support a convention rule that unbinds all Delegates for all votes.

The decision can be read below.

Correll Lawsuit Order

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