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CHARLESTON -- Clearly not happy with the outcome of a lawsuit that reinstated Rob Cornelius as a member of the Wood County Republican Executive Committee and as its chairman, the West Virginia Republican Party is protesting that ruling.
In a court filing with the West Virginia Supreme Court of Appeals Tuesday, state Republican Chairman Mark Harris filed an appeal of a Feb. 14 order by Kanawha County Circuit Court Judge Joanna Tabit in favor of Cornelius.
Attorney Marc Williams, representing Harris and the state party, argued in the court filing that the decision inappropriately interfered with intra-party decision making and that the court was treating Cornelius the same as an elected government official.
"For over a hundred years, this court repeatedly has held that West Virginia courts should avoid internal disputes because political parties are private organizations and party officials are not tantamount to public officials," Williams wrote.
"In holding that Cornelius should be reinstated and that his nominations to fill vacancies should stand, the circuit court did exactly what this court has admonished against -- involve itself in an internal party squabble and treat a party official as though he were entitled to statutory protections," Williams continued. "If allowed to stand, the circuit court's holding will do lasting damage to the autonomy of our political parties. The circuit court must therefore be reversed."
In her order, Tabit pointed to sections of state code that govern how vacancies on party executive committees for counties, congressional districts, state senatorial districts and delegate districts are filled. These committee positions are voted on during party primaries during off-year elections. The committees are responsible for recommending names to the governor to fill vacancies in statehouse or congressional seats.
Tabit ordered Cornelius be restored as a member of the Wood County Republican Executive Committee and as chairperson of the county committee after being removed from both positions by former state Chairwoman Melody Potter. Tabit also ordered the Secretary of State to accept a list of county executive committee members submitted by Cornelius after Potter made changes to the committee's membership.
In a statement Tuesday, Cornelius said he was looking forward to defending himself before the Supreme Court. Cornelius said Tabit's decision kept Republican voters who elected him for the county committee from being disenfranchised.
"This filing presumes that one lady in Kanawha County can legally violate the civil rights of myself and thousands of Wood County voters 80 miles away, on a whim," Cornelius said. "I'm pretty sure this is still America and that's not how our Constitution and West Virginia Code work. Wood County voters have rights, and the choice they make cannot be abridged or erased by the order of any outside entity."
Potter removed Cornelius from his positions in 2019, citing bylaws of the state party which give state party chairs authority to fill vacancies on county, senatorial, judicial, circuit and congressional Republican executive committees "or taking what other action may be provident." Cornelius was replaced as county chairman with Roger Conley, a former Vienna City Council member who was elected to the House of Delegates in 2020.
Potter said her reasons for removing Cornelius included alleged acts of party disunity and mismanagement caused by Cornelius. She also accused Cornelius of conducting a smear campaign against her and harassment through social media. Cornelius said Tuesday that using bylaws to punish a committee member for speech is inappropriate.
"Melody Potter and her assigns have no authority to annul a balloted Primary or General election anywhere in this state, let alone in retaliation for my protected speech," Cornelius said. "This filing would have you believe that by sheer act of registering as a member of the Wood County West Virginia Republican Party in 2005, I ceded my First Amendment rights to whomever is in charge of the West Virginia Republican Party at this moment. That's certainly not a contract I nor any voter ever entered. Quite a leap."
In his statement, Cornelius took a swipe at Harris, the former chief of staff at the Beckley VA Medical Center from 2017 to 2019. He was dismissed from that role after an investigation resulted in sexual assault charges against a former doctor at the facility. Harris was elected as chairman of the state party last year after two close votes were held due to confusion over the first vote.
"It's a disappointing day for Republicans statewide to read a filing like this," Cornelius said. "The fraudulently elected leader of the WVGOP again asks a court to cancel the result of multiple actual elections in Wood County."
Steven Allen Adams can be reached at sadams@newsandsentinel.com.