Beau Correll, a delegate to the National Convention elected in the 10th district, has sent a letter to the Commonwealth attorney for the City of Winchester asking for clarification of the laws concerning his vote at the National Convention. Beau Correll was elected as a Cruz delegate to the convention. His letter reads,
Mr. Marc Abrams
Commonwealth’s Attorney, City of Winchester
24 Rouss Avenue, Suite 200
Winchester, VA 22601
June 2, 2016
RE: REQUEST FOR LEGAL OPINION
I hope this letter finds you well. The Department of Elections suggested I reach out to you regarding a legal opinion on an election law statute.
I was elected to be a National Delegate to attend to Republican National Convention in Cleveland. (Source: http://www.virginia.gop/virginia-national-delegates-to-the-gop-convention/) I wish to learn whether a vote on the first ballot at the National Convention against the candidate receiving the most votes in the most recent Virginia Republican presidential primary would be in violation of state law.
Specifically, please confirm whether such a vote would be in violation Va. Code § 24.2-545(D), “…delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote.” Specifically, I am requesting whether such action is in violation of state law rather than party rules as they exist at the time of the convention.
Also, please inform me whether there are penalties, if any. For example, would such an act be a Class 1 misdemeanor as provided under Va. Code § 24.2-1017 (Penalties when not specifically provided elsewhere) or subject a delegate to criminal penalties under another section of the Code?
Thank you for your attention in this matter.
Carroll “Beau” Correll, Jr.
CORRELL LAW FIRM, PLC”
Mr. Correll has suggested that other National Delegates also ask for clarification from their local Commonwealth Attorneys.
UPDATE: A response to Mr. Correll’s letter from Steve Albertson can be found here.