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1 Robert Timothy Reagan, Conscience Voting at a National Convention 1 (2018)

handle is hein.congcourts/fjcvncv0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Conscience Voting at a National Convention Correll v. Herring (Robert E. Payne, E.D. Va. 3:16-cv-467) A delegate to a national presidential nominating convention sought an injunction against a state statute that criminalized failure to vote for the state's primary election winner on the first ballot. The dis- trict judge concluded that the statute unconstitutionally infringed on the plaintiffs right to vote his conscience consistent with party rules. Subject: Getting on the ballot. Topics: Party procedures; primary election; class action; intervention; laches; attorney fees. A delegate to the 2016 national convention for the Republican Party filed a federal class action complaint on June 24, 2016, in the Eastern District of Virginia's Richmond courthouse against commonwealth election officials, seeking relief from a Virginia statute requiring the plaintiff to vote on the first convention ballot for the winner of the commonwealth's primary elec- tion.' With his complaint, the delegate filed a motion for a temporary re- straining order and a preliminary injunction.2 On June 27, Judge Robert E. Payne set the case for hearing on July 7.' At a June 28 morning conference call, Judge Payne informed the plaintiff that the court would need copies of relevant party rules. Judge Payne also asked the plaintiff to take a stand on whether proceedings would be neces- sary following a preliminary injunction and whether class certification had to be determined before a decision on the preliminary injunction.' The plain- tiffs attorney agreed to reflect on the matter and address it at an afternoon conference call.6 Another plaintiffs attorney reported in the afternoon that the State and the plaintiff would stipulate to the requirements for certifica- tion for a class of Republican delegates but not Democrat delegates.' 1. Complaint, Correll v. Herring, No. 3:16-cv-467 (E.D. Va. June 24, 2016), D.E. 1; Bos- ton Correll v. Herring, 212 F. Supp. 3d 584, 592 (E.D. Va. 2016); see Louis Llovia, Va. GOP Delegate Sues for Right to Not Vote for Trump at Convention, Richmond Times-Dispatch, June 25, 2016, at 2A. 2. Motion, Correll, No. 3:16-cv-467 (E.D. Va. June 24, 2016), D.E. 4; Boston Correll, 212 F. Supp. 3d at 593. 3. Scheduling Order, Correll, No. 3:16-cv-467 (E.D. Va. June 27, 2016), D.E. 11; Boston Correll, 212 F. Supp. 3d at 593; see Transcript, Correll, No. 3:16-cv-467 (E.D. Va. July 7,2016, filed July 11, 2016), D.E. 42 (232 pages); Minutes, id. (July 7, 2016), D.E. 46; see also Graham Moomaw, Anti-Trump Suit May Strike Down Delegate Voting Law in Virginia, Richmond Times-Dispatch, July 8, 2016, at 1A (reporting that the hearing lasted roughly six hours); Jenna Portnoy, In Federal Case, Anti-Trump GOP Delegate Argues He Can Vote His Con- science, Wash. Post, July 8, 2016, at B3 (same). 4. June 28, 2016, Morning Transcript at 9-10, Correll, No. 3:16-cv-467 (E.D. Va. June 28, 2016, filed June 28, 2016), D.E. 16. 5. Id. at 3-9. 6. Id. at 8-9, 16-17. 7. June 28, 2016, Afternoon Transcript at 5, id. (June 28, 2016, filed July 5, 2016), D.E. 31. Federal Judicial Center 5/5/2018 1

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