Bill Bolling

Ken Cuccinelli

Could a fight over how Virginia Republicans nominate their 2013 statewide ticket end up in court?

Lt. Gov. Bill Bolling raised that prospect today in a letter to members of the GOP’s state central committee, which could decide later this month to scrap plans for a primary election and instead choose its statewide candidates in a convention.

Bolling and Attorney General Ken Cuccinelli will battle for the Republican gubernatorial nomination. Bolling favors a primary and said the state central committee should stick to the nominating process it agreed to last October. Cuccinelli prefers a convention, and recent elections of new central committee members may give him enough votes to pull off the switch. The issue is on the agenda for the committee’s June 15 meeting.

In his letter, Bolling said it would be “unwise, unprecedented and unfair” to change the nominating process at this stage of the game.

“On October 1, 2011 the SCC voted overwhelmingly to hold a primary in 2013 in order for all potential candidates to know the playing field before making their decision to run for statewide office,” Bolling wrote. “The SCC has held three meetings since October 1, 2011. The question of changing the method of nomination did not come up at any of these meetings. Clearly, as a practical matter, the time for reconsidering such a decision under the rules has passed, and any attempt to change the rules during the middle of an election may raise legal issues as well.”

Bolling also argued that a motion to rescind the central committee’s October decision would be out of order under Robert’s Rules of Order.

“Interestingly, in 2008 Governor McDonnell was approached with the prospect of changing the 2009 method of nomination from a convention to a primary to benefit his campaign,” wrote Bolling, who put his gubernatorial ambitions on hold and backed McDonnell. “He refused because he believed that changing the method would have been unfair to other candidates who had been running convention campaigns. Governor McDonnell has stated his opposition to a change in the 2013 method of nomination for the same reasons.

“I would also note that if the SCC sets the precedent of rescinding the nomination method at the June meeting there would be nothing to prevent the SCC from changing back to a primary at the August or December meeting if a couple of seats or minds are changed. Our party cannot afford this type of unpredictability and confusion.”

Bolling also said that a fight over the 2013 nominating process could divide the party heading into this fall’s presidential and congressional elections.

You can read Bolling’s entire letter after the jump. Expect more maneuvering on both sides of this controversy before the GOP central committee’s June 15 meeting.

– Michael Sluss

June 1, 2012

Dear Friends:

First, I would like to congratulate all of the newly elected and re-elected members of the Republican Party of Virginia’s (RPV) State Central Committee (SCC). You all ran spirited and effective campaigns. I look forward to working with you.

I am writing to share my thoughts on a very important issue that will come before the SCC at the June 15 meeting in Richmond. It is my understanding that the SCC will consider a Motion to Rescind the already decided matter of holding a primary to nominate candidates for statewide office in 2013 and instead hold a convention to nominate these candidates. I strongly oppose any effort to change the 2013 method of nomination.

While it is no secret that I prefer primaries, because they involve more Republicans in the nomination process and help grow our party’s grassroots over time, I respect the opinion of my friends who prefer conventions. However, this issue and its implications on RPV and our candidates go well beyond the simple question of holding a primary or a convention. It involves fundamental questions of fairness and the proper application of the rule of law.

Once the SCC determines a method of nomination, I believe it is improper and unfair to candidates and Republican voters to change the rules in the middle of the game.

On October 1, 2011 the SCC voted overwhelmingly to hold a primary in 2013 in order for all potential candidates to know the playing field before making their decision to run for statewide office. The SCC has held three meetings since October 1, 2011. The question of changing the method of nomination did not come up at any of these meetings. Clearly, as a practical matter, the time for reconsidering such a decision under the rules has passed, and any attempt to change the rules during the middle of an election may raise legal issues as well.

In addition, and from a procedural standpoint, it is my belief that any motion to rescind the 2013 nomination method is out of order. According to Robert’s Rules of Order, which govern the meetings of the SCC, votes cannot be rescinded after something has been done as a result of the vote that cannot be undone.

Over the past eight months, six primary campaigns have spent hundreds of thousands of dollars, made strategic staffing decisions and allocated candidate time toward running in a primary. These decisions would have been very different if the candidates knew they were running in a convention. This money cannot be unspent and this time cannot be regained.

Interestingly, in 2008 Governor McDonnell was approached with the prospect of changing the 2009 method of nomination from a convention to a primary to benefit his campaign. He refused because he believed that changing the method would have been unfair to other candidates who had been running convention campaigns. Governor McDonnell has stated his opposition to a change in the 2013 method of nomination for the same reasons.

I would also note that if the SCC sets the precedent of rescinding the nomination method at the June meeting there would be nothing to prevent the SCC from changing back to a primary at the August or December meeting if a couple of seats or minds are changed. Our party cannot afford this type of unpredictability and confusion.

A convention would also disenfranchise many voters from participating in the nomination of our party’s candidates, including all active duty military personnel. Department of Defense regulations do not allow military personnel to be elected as delegates to political conventions. They are permitted to vote only in primaries or canvasses.

From a more practical perspective, RPV does not have the means to pay for a statewide nominating convention. RPV cannot charge mandatory fees for delegates to attend a convention and voluntary fees and other fundraising activities do not come close to covering the cost of the convention.

In 2009, with 7,000 delegates in attendance, RPV lost nearly $150,000 from a convention. Thankfully, then unopposed candidate Bob McDonnell gave a generous $86,500 gift to help defer costs, but even with this gift the convention still lost $60,000. A 2013 nominating convention would have two or three times as many delegates and would plunge RPV deeper into debt than in 2009, which would be a significant liability to our 2013 nominees.

Surely we can all agree that the 2012 elections are the most important in recent memory. Over the next five months, Virginia will be ground zero for our efforts to elect Mitt Romney and retake a majority in the U.S. Senate. The last thing we need is to be divided and distracted by internal fights and legal battles over the method of nomination in 2013 when that issue has already been decided.

For all of these reasons, I believe that changing the 2013 nomination method at this time would be unwise, unprecedented and unfair. It would be procedurally out of order and against the rules, and it could subject RPV and the SCC to significant potential legal challenges. I hope you will join me in strongly opposing any effort to change the method of nomination in 2013.

Sincerely,

LIEUTENANT GOVERNOR BILL BOLLING