×

Former Wood Co. GOP Chairman prevails in court

CHARLESTON — Nearly three years after being removed from his positions, Rob Cornelius, the former chairman and elected member of the Wood County Republican Executive Committee, got his day in court Thursday.

Kanawha County Circuit Court Judge Joanna Tabit ruled Thursday in favor of Cornelius after he filed suit over his removal from the Wood County Republican Executive Committee by former West Virginia Republican Executive Committee Chairwoman Melody Potter in 2019.

“The removal process was fundamentally, in my view, unfair,” Tabit said. “It was fundamentally unfair because it subverted the intention of the voters of Wood County. I don’t think it is appropriate for a party chairperson to unilaterally remove an elected official from office when the voters of Wood County have elected that official through the democratic process. That, in my view, is problematic.”

Tabit held a virtual hearing Thursday afternoon in Cornelius’ case against Secretary of State Mac Warner and Potter.

Tabit’s ruling restores Cornelius as a member of the county committee and as chairperson of the party. Tabit also ordered the Secretary of State to accept a list of county executive committee members submitted by Cornelius after Potter made changes to the committee’s membership.

“We need to remove that list that has been submitted to the Secretary of State because I don’t believe that list was proper because there wasn’t proper procedure that was followed,” Tabit said.

“Mr. Cornelius should be reinstated to the executive committee and was duly voted as chair of the executive committee by those members of the Wood County executive committee, the previous members — those members that were elected in 2018 — and I think that is what needs reflected on the website,” Tabit continued.

“Because of the length of time that has passed, there’s obviously been different members appointed by the (committee) members, not just what Ms. Potter did at the time,” said Andrew Dornbos, attorney for the state Republican Party. “The county executive committee has obviously been functioning during this time period and the make-up has changed in the meantime. Procedurally I’m not sure where to go.”

“That’s why your client shouldn’t have removed him and shouldn’t have submitted her own roster,” Tabit responded.

Cornelius filed a writ of mandamus Aug. 19, 2019, against Potter and Warner. The case has been delayed several times as attorneys for both sides conducted discovery. The COVID-19 pandemic also caused multiple delays in the case.

Cornelius asked the court to force the Secretary of State’s Office to disregard a roster of Wood County Republican Executive Committee members submitted by Potter, who removed him as an elected member of the committee and as the chairman elected by his fellow committee members.

Cornelius asked the court to force the Secretary of State to accept his roster of committee members. He also asked for a declaratory judgment against Potter regarding his rights under state code to serve in elected office, his rights under the county committee’s bylaws and whether Potter and the Secretary of State’s Office broke any laws in his removal.

Potter informed the Wood County committee members earlier in 2019 that she removed Cornelius as county chairman and as an elected committee member representing District A5. Potter cited the bylaws of the state party which give state party chairs authority to fill vacancies on county, senatorial, judicial, circuit and congressional Republican executive committees “or taking what other action may be provident.”

“(Potter) is just doing what she wants to do, and the voters of Wood County have elected him to this position,” Tabit said. “So, one person, if I am to follow your argument, has the discretion to remove someone that the voters have elected to a rightful position?”

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $3.92/week.

Subscribe Today