The office of Attorney General Mark R. Herring is asking a federal court to reject a lawsuit filed by a Virginia delegate to the Republican National Convention who wants legal permission to break party rules and vote against Donald Trump.
The state’s response, filed Friday in U.S. District Court for the Eastern District of Virginia, argues Winchester attorney Carroll Correll Jr. lacks standing and waited too long to file the suit with the national convention in Cleveland just weeks away.
“Before his election as a delegate, Correll knew the party’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 party’s and the voters’ choices.”
In the lawsuit filed last week, Correll, a Republican activist elected in April as a convention delegate from the 10th Congressional District, claims his constitutional rights are violated by a Virginia law binding convention delegates to cast their votes based on the results of the party primary. Correll said he’s concerned he could face legal action by Trump or his allies if he votes his conscience and supports someone other than Trump.