Virginia Court Case Potentially Gives #NeverTrump Movement New Life

image
Created: 12 Jul, 2016
Updated: 17 Oct, 2022
2 min read

A July 11 federal court case in Richmond, Virginia, comes in the midst of much debate over delegate rules, and has the potential to turn the tables on Trump at the GOP convention.

Virginia RNC delegate Carroll Correll Jr., backed by the Citizens in Charge Foundation, sued Virginia Attorney General Mark Herrig and other state officials over delegate binding laws. Correll was successful in overturning rules that required delegates to vote winner-take-all, rather than proportionally. He hopes the ruling will aid GOP delegates who are hesitant to jump on the Trump train to vote their conscience at the national convention in Cleveland.

Lost? Let’s back up a second.

At the Republican National Convention, delegates from all 50 states, DC, and territories will come together to officially determine the Republican nominee. Delegates are typically required -- or “bound”-- to vote how state party rules tells them to, whether winner-take-all or proportionally.

So even if a delegate personally supports Cruz (for instance), if they’re “bound” to vote for Trump, they can’t vote for Cruz. Otherwise, under RNC Rule 16, their vote would be considered void.

In principle, the ruling says that states cannot enforce laws requiring delegates to vote winner-take-all, striking down a $2,500 fine for rebellious Virginia delegates. Instead, Correll asserts that proportional voting allows delegates to vote their conscience -- which Republicans were reportedly planning to do already.

That said, many GOP members are skeptical. Fox News quotes a Trump supporter who said, “It will have no impact on the Virginia delegation… Nor will it have any long-term ramification for Donald Trump’s quest for the nomination on the first ballot.”

But according to Correll, this is a “symbolic victory” that “morbidly humiliated” the Trump camp, as it could (conceivably) encourage more Republican delegates to vote against Trump at the convention -- a “delegate revolt” that is increasingly possible, but unlikely to succeed.

Delegate rules are under much scrutiny in the 2016 election, even within the major parties. As mainstream some Republicans explore their options for voting against Trump, many Democrats seek to rework rules regarding superdelegates -- in some states, going so far as to seek their abolition.

IVP Donate

How the Correll court case will impact the RNC convention remains to be seen.

Photo Credit: uplift_the_world / Shutterstock.com

Latest articles

Half of image shows hand holding an I voted sticker. The other half shows Chula Vista City Hall.
Chula Vista Voters Want More Choice -- Will the City Council Listen?
Voters in Chula Vista are signaling strong support for election reform. A recent independent poll conducted by Competitive Edge Research & Communication and funded by the Independent Voter Project shows that nearly two-thirds of voters support the More Choice Voting measure, a proposed change that would give voters the ability to rank candidates and increase the number of candidates who advance to general elections....
14 May, 2025
-
2 min read
Andrew Cuomo
NYC Mayoral Poll: Cuomo Crosses 50% Majority in Fifth Round of Ranked Choice Voting
A Marist College poll released Wednesday found that former New York Governor Andrew Cuomo has emerged as the frontrunner in the Democratic primary for New York City mayor – which would make him the odds-on favorite to unseat Mayor Eric Adams....
14 May, 2025
-
3 min read
Silhouette of a hand placing a ballot in a box.
Will New Hampshire Primary Voters Matter in 2028?
The Dispatch ran a piece Monday titled, New Hampshire Dems Want Their ‘First in the Nation’ Primary Back. The question it asks is: Will the Democratic National Committee (DNC) restore the state’s prestigious spot as the first presidential primary of consequence?...
14 May, 2025
-
4 min read