IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA State of West Virginia ex rel ROB CORNELIUS, and ROB CORNELIUS, Individually, PetitionerfPlaintiff v. Civil Action No.: Judge: MAC WARNER, SECRETARY OF STATEOF THE STATE OF WEST VIRGINIA, in his Of?cial Capacity, ReapondentlDef-endant, and MELODY POTTER in her capacity as Chairman of the West Virginia State Executive Committee Respondent. VERIFIED PETITION FOR WRIT OF MANDAMUS, AND COMPLAINT FOR DECLARATORY JUDGMENT INTRODUCTION State ofwest Virginia ex rel Rob Cornelius, and Rob Cornelius, Individually, (collectively ?Petitioner?) ?les this veri?ed petition for writ of mandamus and complaint for declaratory judgment regarding his duly elected position as Chairman of the Wood County Republican Executive Committee. Petitioner seeks a writ of mandamus pursuant to West Virginia Code 45 directng the West Virginia Secretary of State to disregard and not post the roster submitted by Chairwoman of the West Virginia RCPUblica" Executive Committee Melody Potter, which was submitted 1n ?clam? 0f West Virginia Code and to accept and post the roster for the County Republican Executive Committee submitted on June 21, 2019 and July 31, 2019 by PCtItaner in his capacity as Chairman of the Wood County Republican Executive Committee. Petitioner further seeks declaratory judgment, as set forth below, regarding Petitioner?s rights to serve 6160th Office pursuant to West Virginia Code the Wood County Republican Executive Committee By-Laws and the violations of such law by defendants Warner and Potter. I. JURISDICTION 1. Jurisdiction and venue are preper in the Circuit Court of Kanawha County pursuant to West Virginia Code ?3-1-45 and Code ?55~13~1 et. seq. II. PETITION ER AND 2. Petitioner Rob Cornelius, was duly elected on May 8, 2018 on the West Virginia Republican Primary Ballot by voters in Wood County District two precincts in Parkersburg to represent them on the Wood County Republican Executive Committee. On July 17, 2018, the duly elected members of the Wood County Republican Executive Committee unanimously elected Rob Cornelius to serve a ?ll! four-year term as Chairman of the body. Petitioner brings this action as a relator seeking mandamus and as a declaratory judgment plaintiff. 3. serves as the Chief Elections Of?cer of West Virginia and oversees the election process through Respondent/Defendant Mac Warner is the West Virginia Secretary of State and the state along with the recording of o?icial campaign ?nancial records and candidate ?lings. Part of his duties include maintaining a website with certain county information. W. Va. Code West Virginia Code provides that ?a current listing of all executive committee?s members shall be ?led with the Secretary of State by the end of July each year.? The Secretary of State 13 requtred to perform his duties consistent with the West Virginia Code and suble? to the West Virginia Constitution. 4. Defendant Melody Potter is the Chairman of the West Virginia Republican State Executive Committee. FACTUAL BACKGROUND 5. On May 8, 2018, Petitioner Rob Cornelius was duly elected by the voters in Wood County District to represent them on the Wood County Republican Executive Committee 6. On July 17, 2018, the duly elected members of the WCREC held an organizational meeting in Parkersburg, West Virginia and unanimously elected Petitioner Rob Cornelius to serve a full four-year term as Chairman. 7. The WCREC By-Laws provide that: ?The term of all of?cers shall begin on the date of their election to such of?ce and shall continue until the ?rst day of July of the fourth year thereafter following the May primaries, and until their successors are elected.? See WCREC By- Laws, attached as Exhibit 1. i 8. On June 18, 2019, West Virginia Republican State Executive Committee Chairwoman, Respondent Melody Potter notified Respondent Mac Warner, the Secretary of State, that Petitioner was ?removed as chairman and member of the Wood County Republican Executive Committee effective 6/ 1819019, per our state party bylaws.? 9. The notice was accompanied by a new roster for the WCREC and Certi?cates of Appointment ?lled out by Ms. Potter, naming six new members to the body on or about June 20th. On the morning of June let, Ms. Potter emailed the W803 and claimed that she'had named Roger Conley, one of her new appointees, to serve as ?Acting Chairman? of the Wood County Republican Committee. 10. On June 21, 2019, Petitioner, submitted to the WVSOS an updated roster for the WCREC, re?ecting the correct current status of the body and the unrelated resignation of John Sines of Washington, W. Va. because of a recent appointment to the State Parole Board. 11. On June 24, 2019, WVSOS Counsel Donald Kersey, requested Chairwoman Potter make clari?cation of any statute she claimed empowered her to remove Petitioner from any of?ce to which he had been elected, stating: [i]n this unipue instance, it is unclear what authority this Of?ce must rely upon to publrcally[src] publish online the updated roster you submitted. Therefore, I respect?illy request that you provide additional information regarding the roster you submitted for appointments made to the Wood County Republican Executive Committee- Speci?cally, according to Code only the chair of the county executive committee has the authority to ?ll vacancies and submit updated rosters to our Office for publication to the public. If you, as the Chairperson of the Republican State Executive Committee, relied on the authority in your bylaws to assume the role of the Chair of the Wood County Republican Executive Committee, please indicate as much as writing to the undersigned Otherwise, please provide the statutory authority you relied upon that allows our Of?ce to legally accept the updated roster you submittedAs the letter details, this request is only in regard to this Of?ce?s authority to accept vacancy appointments and updated rosters submitted by county chairs under W. Va. Code This letter shall not be regarded as a determination of the legality or propriety of the decisions made by you as State Party Chairman under your party?s bylaws, which is beyond this Office?s purview. I am merely seeking clarification of this Of?ce?s statutory authority to publish your updated roster online, which re?ects the vacancies that you ?lled. See June 24, 2019 letter from Donald Kersey, attached as Exhibit 2. 12. On June 26, 2019, Chairwoman Potter responded to WVSOS Counsel Donald Kersey and cited no statutory authority in support Of her removal and replacement of the duly elected Petitioner but merely claimed that the Republican Party By-Laws were suf?cient to justify her actions, See June 24, 2019 letter of Melody Potter, attached as Exhibit 3. 4 13. In his June 26, 2019 resPonse, WVSOS Counsel Donald Kersey stated that the office of Secretary of State was ?without jurisdiction to determine the procedural propriety of an updated roster submitted by you in your asserted authority as Chairman of the Republican State Executive Committee.? 14. With the decision by the WVSOS Counsel to act in a purely ministerial capacity, that office asserted that it is unable to discern the legality or acceptability of any such submission of a membership roster, and published the roster and new members appointed by an of?cer of another political body, rather than the elected head of the Wood County Republican Executive Committee or any of?cer or member thereof. 15. Subsequently, Petitioner appealed the decision via certi?ed letter to the WVREC. See June 26, 2019 letter ?om Petitioner, attached as Exhibit 4. I 16. On July 10, 2019, Chairman Potter unilaterally denied Petitioner?s appeal. See July 10, 2019 letter of Chairman Potter, attached as Exhibit 5. 17. In accordance with West Virginia Code ?55-17~3, Petitioner provided 30-day written notice of pending lawsuit or claim against the State of West Virginia to Counsel for W805 and Chairman Potter of the intent to seek a Writ of Prohibition to preclude the WV SOS from posting and honoring any roster appointments of new members to the WCREC submitted by Chairman Potter, who was not the current Chairman of that body and to seek a Writ ofMandamus Ordering the WVSOS to post the rosters for the WCREC submitted by Petitioner on June 21, 2019 and again on July 31, 2019. See June 21, 2019 and July 31, 2019 letters from Petitioner, attached as Exhibits 6 and 7. COUNT I WRIT OF MANDAMUS (Against Secretary of State Mac Warner) 13, Petitioner hereby incorporates by reference each and every prior paragraph of this Petition as if fully set forth herein. 19. West Virginia Code ?3-1-45 provides that ?any o?icer or person upon whom any duty is imposed by this chapter may be compelled to perform his or her duty by writ of mandamus" and that the circuit courts shall have jurisdiction by writ. 20. West Virginia Code provides that the Secretary of State shall have the authority to make, amend and rescind such rules, regulations, orders and instructions, and prescribe such registration and voting procedures, forms lists and records, as may be necessary 21. Code provides that only the chair of the county executive committee has the authority to ?ll vacancies and submit updated rosters to the Secretary of State?s Of?ce for publication to the public. 22. Chairman Potter?s attempted removal of Petitioner was in violation of his rights including his state constitutional right to serve the of?ce he was elected to, his right not to be removed from that office without complying with principles of due process, and his right not to be removed from a county of?ce absent compliance with West Virginia Code 6-6-7. As such, Petitioner?s attempted removal by Chairman Potter was ineffective and should not have been recognized by Respondent Warner. 23. As the duly elected Chairman of the WCREC, Petitioner submitted rosters for the WCREC on June 21, 2019 and again on July 3 l, 2019. 24. The West Virginia Secretary of State should be compelled to accept and publish the roster submitted by Petitioner. COUNT II - DECLARATORY JUDGMENT (Against all Defendants) 25. Petitioner hereby incorporates by reference each and every prior paragraph of this Petition as if fully set forth herein. 26. Code provides that only the chair of the county executive committee has the authority to ?ll vacancies and submit updated rosters to the Secretaiy of State?s Of?ce for publication to the public. 27. Melody Potter, in her acting capacity as Chairwoman of the WVREC violated Code ?3-1-9 by removing Petitioner from his duly elected position as WCREC and Chairman of the body. 28. There is no procedure articulated for removal of an of?cer in the WCREC By? Laws. Art. of the WCREC By-Laws provides that in matters not speci?ed in the By?Laws that the latest edition of Robert?s Rules of Order will de?ne the procedure of the WCREC provided it is consistent with the By-Laws and the West Virginia Code. 29. Robert?s Rules of Order, 11th edition is the latest edition of that publication. Robert?s Rules 62 and 63 de?ne the process for ?Removal from Of?ce . . as ?an of?cer can be removed from of?ce only for cause that is, neglect or duty in of?ce or misconduct in accordance with the procedures in 63, that is, an investigating committee must be appointed, charges must be preferred, and a formal trial must be held.? Robert?s Rules ?62 at p. 654. 30. Robert?s Rules establishes the following ?ve steps for a ?Fair Disciplinary Process": (1) con?dential investigation by a committee; (2) report of the committee, and preferral of charges if warranted; (3) formal noti?cation of the. accused; (4) trial; and (5) the assembly?s review of a trial committee?s ?ndings (if the trial has been held in a committee instead of the assembly of the society)? Id. at ?63, p. 6561incs 18432. 3 l. . . . Chairman Potter did not comply With the WCREC By?Laws or Robert?s Rules of Order in her inappropriate ousting of Petitioner from his duly elected of?ce. There was no investigating committee appointed, no charges brought and no formal trial held. 32. Petitioner was denied his right to a fair disciplinary process as set forth under Robert?s Rules of Order. 33. Alternatively, West Virginia Code 6-6-7 provides the manner 0f removal 0f elected county of?cials. None of the procedures set forth in this provision were followed in connection with Petitioner?s attempted removal. 34. West Virginia Code ?3-l-ll provides that the state executive committee may ,?rnake such rules for the government of such party, not inconsistent with law? and that all acts of such state committees ?may be reviewable by the courts.? 35. The West Virginia Secretary of State?s of?ce has improperly concluded that it was without jurisdiction to consider the procedural propriety of an updated roster submitted by the Chairwoman of the Republican State Executive Committee. 36. Based on this in sticiable controversy, Petitioner seeks a declaration pursuant to the West Virginia Uniform Declaratory Judgments Act, Code ?55?l3-1 et. seq-, and West Virginia Rules of Civil Procedure 57, 3S, and 39, and that this Court declare the following: a. Chairwoman Potter?s reliance on the WVREC By-Laws to remove Petitioner ?om his duly elected positions are in violation of West Virginia Code b. Chairwoman Potter?s reliance on the WVREC By?Laws to remove Petitioner ?om his duly elected positions and submit a roster to the Secretary of State with vacancy appointments are in violation of West Virginia Code e, Chairwoman Potter violated the WCREC By?Laws and Roberts Rules of 0 er in her removal of Petitioner ?om his duly elected of? cc and violated Petitioner?s right to a fair disciplinary process. d. The actions of Melody Potter in her capacity as Chairwoman of the WVREC in regard to the removal of Petitioner ?om his duly elected position as WCREC and Chairman of the body violated Petitioner?s Due Process Rights under the West Virginia Constitution. e. Chairwoman Potter?s actions further violated Petitioner?s fundamental right to be a candidate and to serve the office for which he was elected. I f. Chairwoman Potter?s actions violated the rights of the Wood County District voters to elect their representative on the WCREC. g. Chairwoman Potter?s actions violated the bylaws of the WCRE-C in regard to the election of the Chairman of the body. h. That Petitioner be restored to his duly elected position on the WCREC. i. That the rosters for the WCREC submitted by Petitioner on June 2019 and July 31, 2019 are the true and correct rosters. 37. Petitioner is an appropriate party to maintain a declaratory judgment action Pursuant to W. Va. Code ?55-13-2- 38. The West Virginia Uniform Declaratory Judgment Act is remedial in nature and should be liberally construed and administered to ful?ll its purpose of settling and affording relief from uncertainty and insecurity with respect to rights, status and other legal relations. Code 39. The issuance of declaratory relief by this Court will assist the parties in resolving the underlying controversy. V. PRAYER FOR RELIEF Petitioner pray for the following relief: a. This Court grant a rule to show cause, enter an expedited brie?ng schedule, and after due consideration, grant Petitioner a Writ of Mandamus directing the West Virginia Secretary of State to disregard the roster submitted by Chairwoman Potter and to post the roster for the Wood County Republican Executive Committee submitted on June 21, 2019 and July 31, 2019 by Petitioner in his capacity as Chairman of the Wood County Republican Executive Committee. Declaratory Judgement under the Declaratory Judgments Act declaring the duties, rights and obligations of the parties under West Virginia Code ?3-1-9 and West Virginia Code ?3-1-11, including, but not limited to the foilowmg: 1. P3 that Chairwoman Potter?s reliance on the WC By?Laws to remove Petitioner from his duly elected positions are in violation of West Virginia Code that Chairwoman Potter?s reliance on the WVREC By-Laws to remove Petitioner from his duly elected positions are in violation of West Virginia Code that Chairwoman Potter violated the WCREC By-Laws and Roberts Rules of Order in her removal of Petitioner from his duly elected of?ce and violated Petitioner?s right to a fair disciplinary process. that the actions of Melody Potter in her capacity as Chairwoman of the WVREC in regard to the removal of Petitioner from his duly elected position as WCREC and Chairman of the body violated Petitioner?s Due Process Rights under the West Virginia Constitution; . that Chairwoman Potter?s actions further violated Petitioner?s ?tndamental right to be a candidate and to serve the o??ice for which he was elected; that Chairwoman Potter?s actions violated the ri . . of the Wood County District voters to elect their representative on the that Chairwoman Potter?s actions violated the in regard to the election of the Chairman of the ot the WCREC that Petitioner be restored to his duly elected position on the WCREC 10 9. that the rosters for the and July 31, 2019 are th CREC submitted by Petitioner on June 21, 2019 true and correct rosters. o. Reasonable attorneys? fees and the costs of this action; (1. All other relief the Court deems appropriate. Anthony J. Majestro 5165) POWELL MAJESTRO, PLLC 405 Capitol Street, Suite Charleston, WV 25301 Phone: 304-346-2889 Fax: 304-346-2895 Amajestro@powellmajestro.c0m 11 State of West Virginia ex rel. Rob Cornelius, and Rob Cornelius, Individually, By counsel, IN THE UIT COURT OF KANAWHA COUNTY WEST VIRGINIA State of West Virginia ex rel ROB CORNELIUS and ROB CORNELIUS, Individually Petitioner Civil Action No,: Judge: MAC WARNER, SECRETARY OF STATEOF THE STATE OF WEST VIRGINIA, and NIELODY POTTER, in her capacity as Chairman of the West Virginia State Executive Committee Respondents. VERIFICATION 0F PETITION Pursuant to Code 53-16, Petitioner veri?es that (1) he has read the Motion and that to the best of his knowledge, information and belief formed after reasonable inquiry that it is well grounded in fact and is warranted by existing law or good faith argument for the extension, modi?cation or reversal of existing law; and (2) that it is not interpo ed for any improper purpose, Ofliti ation. such as to harass or to cause unnecessary delay set cost_ Ab Cornelius sworn to before me this 20th day of August, STATE OF WEST COUNTY OF KANAWHA, The foregoing was taken, subscribed and 2019. 9?09? 0 ?0 My commission expires: 03 . I I I NOTAR LIC . .1 12