CHARLESTON, WV (LOOTPRESS) – It was about as clear as a court order could be.
Kanawha Special Judge Joanna Tabit left little room for speculation in the written court order circulated today that reinstated Rob Cornelius as Wood County Republican Chair. The judge’s decision came down entirely on the side of Cornelius, who sued Secretary of State Mac Warner and former State GOP Chair Melody Potter in 2019.
A summary of the decision was announced last week after Tabit considered all arguments in the case.
General details were reported here then. Today, the outcome was put in writing and distributed.
“I didn’t figure she (Tabit) would be that rough on Mac Warner,” said one Charleston attorney familiar with the case. Warner is the sitting Secretary of State, whose lack of official action in the matter drew criticism from the judge.
Wood County’s circuit judges had recused themselves from the case.
The major issue continued since 2019 when then-State Chair Potter removed Cornelius from membership on the Wood committee and as Chair of that organization.
That came after Republican Wood voters elected Cornelius to the county committee and his fellow committee members chose him as Chair following their 2018 reorganization of committees.
An internal dispute between Potter and Cornelius apparently led to Potter’s removal of the Wood Chair.
Factually, the judge found little disagreement between the parties. The arguments basically came down to whether Potter had the authority to arbitrarily dismiss Cornelius. Tabit said she did not.
The bottom line in the 13-page ruling is to restore Cornelius as chair and reinstate committee members Potter also sought to remove.
Tabit said procedures used by Potter were not in keeping with legal requirements.
Cornelius was pleased with the outcome. “This is what winning feels like,” he said.
In her initial “conclusions of law,” Tabit cited state code that does not permit Potter to arbitrarily remove county GOP officials. State code further states terms to which local officials are chosen, which had not expired when Potter began her replacement processes.
Potter almost immediately replaced Cornelius with Roger Conley, now a member of the state House of Delegates. Reinstatement of Cornelius as county chair automatically removed Conley, observers said.
The Kanawha Judge then discussed the proper method to remove and/or replace public officials in general.
Although Potter and her state committee followers have argued to the contrary for years, the court order says, “a state political party executive committee, or a county political party executive committee, does not supersede and abrogate state statute, rule or regulation.”
In other words, state law takes precedent over party rules.
She noted that the state GOP attempted to implement “Robert’s Rules of Order” in handling what it deemed disciplinary matters.
Even though those are the procedures Potter argued she followed, Tabit said she did not.
In a variety of instances noted by Tabit, where party rules and state law conflict, Tabit said state statutes must prevail.
The order implies that Warner, by following Potter’s directives in listing committee members, etc., did not adhere to state law.
In fact, Warner permitted Potter or her hand-selected “county chair” to list members suitable to Potter but not necessarily the Wood County committee.
Based on all of this, Tabit ordered:
– a writ of mandamus be issued against Potter (and her successor Mark Harris) and the West Virginia State Republican Executive Committee; directing them to recognize Cornelius as Wood County Chair;
– a writ of mandamus issue against Warner directing that he accept committee member names submitted by Cornelius;
– properly publicize the legitimate officers and members of the state committee.
Tabit then lists ten reasons why she is entering declaratory judgment. She further directs that no “rules” enacted by the state party nor actions taken by it or its chair can be contrary to state law.
The order was made effective as of January 20.
Charleston attorney Anthony Majestro represented Cornelius.