WEST VIRGINIA REPUBLICAN PARTY

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Donald M. Kersey, 111

General Counsel

The Of?ce of the WV Secretary of State

State Capitol, Bldg. 1, Ste 157-K

Charleston, WV 25304

Via US. Mail and email to 

June 26, 2019

Dear Mr. Kersey,

This letter is in response to your letter dated June 24, 2019. Thank you for your inquiry into this matter.

Earlier this spring, I had previously made appointments to the Boone and Webster County Republican
Executive Committees, and your of?ce accepted those appointments and published the updated roster.

The removal and appointments recently made by me in my capacity as State Chairperson of the West
Virginia Republican State Executive Committee was done pursuant to our Bylaws and, in particular,
their regulation of subordinate party committees, which includes County Executive Committees. As a
reminder, the relevant provisions of the State Party Bylaws are below:

Article XVI Section 1 of the Bylaws of the West Virginia Republican Party state:

In the interest of effective organization and party harmony the State Executive Committee and its
Chairman shall and will exercise jurisdiction, control and authority over the County, Senatorial,
Judicial Circuit, and Congressional Committees of the Republican Party in West Virginia in all
matters having to do with the ?lling of vacancies when any such Committee is unable to do so,
the election of any of?cer of the committee in the event of a tie vote, and of any other matter of
the business of any such committee which in the opinion of the State Executive Committee or the
State Chairman shall be of suf?cient importance to the Republican party to require removal from
local consideration and action by the State Executive Committee.

Article XVI Section 2 of the Bylaws of the West Virginia Republican Party state:

If, in the opinion of the Chairman of the State Executive Committee, time is of the essence in
regard to the issue or issues in controversy, the Chairman may, in his discretion, resolve the issue
or issues in controversy, on a temporary basis by taking such action as he may deem in the best
interests of the Republican Party by ?lling any vacancy, naming any officer, or taking what other
action may be provident and he shall notify in writing the members of any subordinate

1?0. Box 2711 . CHARLESTON. WV 25330
304.768.0493 1 304.768.6083 (FAX)

committee of his action within ten (10) days thereafter, which action shall become ?nal and
binding upon the County, Senatorial, Judicial Circuit, or Congressional Committees of the
Republican Party in West Virginia and their 

As you wrote in your letter: . .the courts have generally held that they will not interfere in intra-party
disputes, but leave their settlement to methods used and adopted by the Party. See, e. g. State ex. Rel.
Goodwin v. County Court ofPutnom County, 125 417, 147 62 (1962).? The West Virginia
Supreme Court of Appeals has further ruled that ?it is a well settled principle that political committees
have very broad powers in matters of party regulation, and the courts, reSpecting that power, seldom ?nd
basis of justi?cation for interference therewith.? State ex ref. Zagula v. Grossi, 149 1 1, 19,
138$.E.2d 356, 361 (1964). The courts have consistently upheld the right and power ofa political party
to regulate itself under in accordance with its rules.

Accordingly, it is from the Bylaws adopted by the West Virginia Republican State Executive Committee
that I derive my authority to make these changes to Republican County Executive Committees.

Thank you for your prompt attention to this matter. If you have any further questions regarding this or
any other matter, please do not hesitate to reach out.

Best Regards,

 

Cc: Andrew Dornbos, General Counsel
West Virginia Republican State Executive Committee