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Strife of the Party: West Virginia Republican Party appeals Cornelius reinstatement as Wood County party chair

The West Virginia Republican Party filed an appeal of a circuit court decision that reinstated Rob Cornelius to the Wood County Republican Executive Committee. (File Photo)

CHARLESTON — The West Virginia Republican Party is appealing a decision made in January in a lower court ruling that reinstated Rob Cornelius as an elected member of the Wood County Republican Executive Committee and as its chairman.

According to documents filed March 11 with the West Virginia Supreme Court of Appeals, West Virginia Republican Executive Committee Chairman Mark Harris is appealing a decision made Jan. 20 by Kanawha County Circuit Court Judge Joanna Tabit granting Cornelius’ writ of mandamus.

Tabit’s ruling restored Cornelius as a member of the Wood County REC and as its chairperson. Tabit also ordered the Secretary of State to accept a list of county executive committee members submitted by Cornelius after former West Virginia REC Chairwoman Melody Potter made changes to the committee’s membership after she incorrectly removed Cornelius from the county committee in 2019.

Harris’ attorney Marc Williams, claims that the circuit court erred by inserting itself into an intra-party dispute, even though county political parties fall under the jurisdiction of state code due to their role in filling appointments for elected offices when vacancies occur. Williams pointed to past legal cases to bolster his case.

“The Circuit Court in this case did precisely what (the state Supreme Court) and other lower courts have refused to do when it decided to exercise jurisdiction to interfere in the purely political matter relating to management and proceedings of the West Virginia Republican party,” Williams wrote. “Instead, it substituted its own judgment in place of the judgment of the State Executive Committee. Given the stark departure from this court’s well-settled precedent, the Court should review this issue.”

Potter removed Cornelius — a long-time Republican political operative in the state — as an elected member of the Wood County committee and as the chairman elected by his fellow committee members in the summer of 2019. At the time, Potter said her reasons for removing Cornelius included alleged acts of party disunity and mismanagement caused by Cornelius.

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. Later that month, the Secretary of State’s Office agreed to publish online an updated roster of members of the Wood County Republican Executive Committee, which excluded Cornelius.

Cornelius and Potter’s relationship soured after her embrace of Gov. Jim Justice when he switched from Democrat to Republican shortly after taking office as governor in 2017 at the urging of then-president Donald Trump. Potter accused Cornelius of conducting a smear campaign against her and harassment through social media after their falling out over Justice.

In his March 11 appeal, Williams claimed that Cornelius – as a county party chairman – gave up his due process rights and could rightfully be removed by the committee based on its bylaws, even though county party chairs are only part of the state party executive committee on a voluntary basis.

“By associating himself with the organization, (Cornelius) subjected himself fully and completely to the power of administration by the West Virginia State Republican Executive Committee,” Williams wrote.

“In the absence of the statute on the matter of removal, the Bylaws of the West Virginia State Republican Executive Committee governed,” Williams continued. “… The Circuit Court essentially abrogated the Bylaws … insofar as such Bylaws provide for the emergency removal and replacement of subordinate committee members as well as the procedure for appealing such actions.”

A final order in the case between Cornelius, the state party, and the Secretary of State’s Office was entered Feb. 14. Cornelius submitted a new roster of committee members on Feb. 18. Cornelius declined to comment for this story.

Steven Allen Adams can be reached at sadams@newsandsentinel.com

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