'Never Trump' delegate wages battle to vote against presumptive nominee at convention
RICHMOND, VA (WWBT) - A federal judge considered Thursday whether or not to grant an order allowing a Virginia GOP delegate to vote for a candidate other than Donald Trump at the Republican National Convention, a move that could pave the way for other delegates to potentially vote for the candidate of their choice on the first ballot in Cleveland.
No decision is expected Thursday.
Carroll Boston "Beau" Correll Jr. is asking for protection from possible prosecution if he failed to vote for Trump on the floor of the Republican National Convention in Cleveland.
Under Virginia election law, party delegates must vote on the first ballot for the winner of the state's presidential primary. Failing to do so is punishable by up to 12 months in jail and a $2,500 fine.
Correll asserts an individual's vote for a presidential nominee constitutes political speech protected by the First Amendment, as applied to the states through the Fourteenth Amendment.
"Correll believes that Donald Trump is unfit to serve as President of the United States and that voting for Donald Trump would therefore violate Correll's conscience," the lawsuit states.
"Accordingly, Correll will not vote for Donald Trump on the first ballot, or any other ballot, at the national convention."
Virginia Attorney General Mark Herring defended the state's election law, arguing a win for the delegate would put the results of the March 1 primary in jeopardy.
Trump received the most votes in Virginia's Republican primary, with 34.7 percent. There are 49 Virginia delegates headed to the 2016 GOP convention, with 17 bound to Trump for the first ballot.
If the judge grants the Winchester delegate a victory in federal court, delegates skeptical of Trump's candidacy could use the development as justification to change their votes on the first ballot.
Earlier this month, Trump dismissed the prospect of a "Never Trump" convention coup.
"Number one, they can't do it legally," Trump said in an interview with NBC News. "Number two, I worked for over one year, and we won all of those delegates."
Correll argued state law forces all Virginia delegates to vote for Trump on the first ballet, conflicting with national Republican Party rules.
The Winchester attorney asserted Virginia delegates should be awarded proportionally on the first ballot, meeting two thirds of Virginia's delegation would be free to vote for someone else.
Lawyers for the "Never Trump" delegate also contended Republican National Committee rules allow for "conscience voting" on the first ballot, conflicting with Virginia law.
Correll cites Rule 37 from the National Convention, a measure Republicans have readopted every election cycle since 1880, with the exception of the 1976 Convention.
The rule is not yet in effect this year, until the members of the 2016 convention begin to meet in Cleveland.
The 2016 Republican National Convention will be held July 18-21.
Copyright 2016 WWBT NBC12. All rights reserved
