Attorney General Mark Herring has asked a federal court to reject National Delegate Beau Correll’s lawsuit asking for permission to break the rules of the Republican Party and state law to vote for someone other than Donald Trump at the convention later this month.
The Attorney General’s office filed in the U.S. District Court for the Eastern District of Virginia saying Correll lacked standing and had waited too long to file his lawsuit.
“Before his election as a delegate, Correll knew the partyâ€™s rules and knew the primary results,” Assistant Attorney General Anna T. Birkenheier wrote in the state’s response. “He stood for election anyway, yet now seeks to undo the partyâ€™s and the votersâ€™ choices.”
From the Richmond Times Dispatch,
Correll is asking the court to declare the convention voting law unconstitutional and issue a temporary restraining order and preliminary injunction preventing any punitive action against him for casting a vote against Trump, whom Correll has called “unfit to serve.”
Correll filed on behalf of Virginia delegates to the convention.
Eight other Republican delegates, including John Fredericks and Virgil Goode, have filed a motion to intervene in Correll’s suit calling it an “11th hour” attack on established law.
Under Virginia law the 49 delegates’ votes will be divided proportionally reflecting the primary vote. Â Trump will get 17 votes, Marco Rubio 16, and the other votes divided among the rest of the candidates who have since dropped out of the race.
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