The Fallout From Scott Rigell’s Support of Gary Johnson
Over the weekend, Second District Congressman Scott Rigell made national headlines when he broke party ranks to endorse Libertarian candidate Gary Johnson for President.
“I’ve always said I will not vote for Donald Trump and I will not vote for Hillary Clinton,” Rigell said in an interview with the New York Times. “I’m going to vote for the Libertarian candidate.”
Rigell, known for his moderation and emphasis on problem solving, is currently serving his last term in Congress, following his decision earlier this year not to seek re-election.
Reaction from all corners of the party has been swift. Over the weekend, activists took to social media, calling for Rigell’s party membership to be revoked and Rigell to be “banned” from future Republican events. That can’t happen pursuant to RPV’s Party Plan, as Bearing Drift will explain in detail.
This morning, Party Chairman John Whitbeck, Second District Chairman Dennis Free, and Republican Parry of Virginia Beach Chairwoman Tina Mapes issued the following joint statement:
“Over the past 6 years, Congressman Rigell has relied on hundreds of Republican volunteers, Republican donors and the Party infrastructure to elect and re-elect him to Congress. These same Republicans are now working hard to win the 2nd District for Donald Trump and Scott Taylor, and the public support of the Congressman for a third party candidate with no chance of winning the election is a profound disappointment. Congressman Rigell has served his constituents well over the past 6 years but his vote, and any Republican’s vote for a third party candidate, only serves to elect Hillary Clinton President. Our nation, our Commonwealth and the 2nd District cannot afford such a disaster, particularly after 8 years of President Obama’s decimation of our military and abuse of our veterans. Electing Hillary Clinton will only serve to continue these tragedies. Donald Trump is the only candidate who will defeat Hillary Clinton in November and we strongly urge Congressman Rigell to do what he always does, put his country and his Commonwealth first and work with us to defeat Hillary Clinton.”
The reaction is to be expected, but what happens from here?
First, contrary to some of the spurious claims on Facebook, Rigell can’t lose his seat in Congress for this, no matter how the state, district, or local Republican committees rule. Being “kicked out” of the party has no bearing on his seat in Congress.
Pursuant to RPV’s Plan of Organization, several internal party sanctions exist for members who break ranks.
Predictably, many activists on social media demanded Rigell suffer the party’s harshest penalty: a four year ban from Republican activities.
That sanction is made pursuant to (I)(A)(2) of the Party Plan, which reads:
“A voter who, subsequent to making a statement of intent, publicly supports a candidate in opposition to a Republican nominee shall not be qualified for participation in party actions as defined in Article I for a period of four (4) years.”
Rigell did publicly support a candidate (Johnson) in opposition to a Republican nominee (Trump), but that alone doesn’t provide grounds for his banishment.
For (I)(A)(2) sanctions to be imposed, he would have also needed to violate a written statement of intent made as a condition of participation in an Article I party action, which is defined pursuant to the preceding section, as, “mass meetings, party canvasses, conventions, or primaries.”
Here’s the key: the statement of intent must relate to a nominating process, as confirmed by an RPV General Counsel ruling issued on February 20th, 2016, in response to the ongoing controversy in Frederick County. Furthermore, the triggering statement and the statement of intent must occur in the same election cycle – a statement of intent from the 2013 convention doesn’t govern disloyal public statements made in 2016. Additionally, any statement of intent signed to join local unit committee does not count for purposes of a (I)(A)(2) ban.
RPV expanded upon its past ruling with another issued July 1st, specifically referencing the 2016 Presidential election.
So, in short, Rigell can’t be banished under (I)(A)(2) unless he participated this year in a convention, a mass meeting, or a party-run canvass which required a statement of intent.
The other provision applies to all members of “official committees” – or, in other words, anybody who is elected to party leadership or is a member of their local GOP.
Art. VII, Sec. C provides that such members shall have been deemed to have resigned their membership when they support another party’s candidate against a Republican nominee. This provision is acknowledged by majority vote, and those who have lost their membership under this provision may be restored by a simple majority vote.
For reference, Art. VII, Sec. C reads:
“A member of an Official Committee is held to a higher standard of support for nominees of the Republican Party than an individual who merely participates in a mass meeting, party canvass, convention or primary. Therefore, a member of an Official Committee is deemed to have resigned his Committee position if he (a) makes a reportable contribution to and/or (b) knowingly allows his name to be publicly used by and/or (c) makes a written or other public statement supporting the election of a candidate in opposition to a Republican nominee in a Virginia General or Special Election, and/or (d) becomes an officer of any other political party. A majority of the elected officers of an official committee are charged with recognizing when this provision is in effect. For members of multiple official committees, such recognition by a given official committee applies to all subordinate official committees. Such member may be re-instated by a majority vote of the other members of the Committee.”
That’s it. For publicly supporting Gary Johnson, Congressman Rigell is no longer a member of the Republican Party of Virginia Beach. He’s free to apply to rejoin at any time whereupon members can welcome him back with a simple majority vote.
Despite all the talk of purity enforcement, banishment, or perhaps secret ceremonies where his membership card is thrown into an active volcano, Rigell needs only a simple majority vote to be welcomed back — such as joining the RPVB for the next two-year cycle — as though he’s joining for the first time, should he want to participate again.
Several have also mentioned the often-misunderstood provision allowing wayward members to renounce non-Republican activities and restore their good standing by signing a new statement of intent. A saving statement made pursuant to (I)(A)(5) only restores eligibility lost through participation in another party’s nominating process, and therefore, does not apply in this situation.
Right or wrong, it’s notoriously difficult to exclude individuals from participation in Virginia Republican politics, even after their intentional actions hurt the party and its nominees. Except under the very narrow provisions of (I)(A)(2), RPV operates a big tent for loyally committed members as well as a revolving door for those who can’t stay Republican one year after another.
The Rigell situation is only noteworthy due to his status as a Congressman. After all the hullabaloo, he’s free to rejoin with a majority vote when he wishes – although he probably won’t.
Rigell has hated the partisanship and dysfunction in Washington for years, and isn’t one who plans to blindly vote the scorecards to keep his lapel pin.
Rigell told the Times he still considered himself to be a Republican, though that could change, he said, if the Republican Party became synonymous with Trump and his ideas.
“Then I’m done,” Rigell told the Times, “and I’ll be an independent.”
Yes, the Party Plan should be applied evenly to everybody, regardless of their status. Under its provisions, Rigell has lost his membership in the RPVB — but that’s not the only point.
Rigell may lose his membership, but it won’t be the angry crowds on Facebook showing him the door. Rather, the Congressman has already found the exit and is in the process of letting himself out. Campaigns for his banishment, or perhaps the use of wolverine pits as punishment, only make some remaining members feel a bit less bad about the current infighting within the party.
A better series of questions would ask why did he leave, why is he not sure about coming back, and how many others like him walked through the exit without wearing the pin which made him a noteworthy subject in the New York Times.
If Republicans intend to win, in this year or next, they will need unity within their ranks. The party must be a big tent. As a result of changing electoral trends and population demographics, the party cannot win either nationally or in Virginia by excluding any of its factions. The Party has provisions to welcome Rigell and his faction back – but the rest of us need them to want to be back.
