ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, April 17, 1996 TAG: 9604170064
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
DATELINE: RICHMOND
SOURCE: WARREN FISKE STAFF WRITER
THE RULING upholds the law allowing any registered voter to participate in June's Republican primary. That's a boost for Sen. John Warner, who is facing a stiff challenge.
A federal judge Tuesday dismissed a lawsuit by state Republican Chairman Patrick McSweeney challenging Virginia's open primary election law.
The ruling, which McSweeney said he may appeal, means that all registered voters can cast ballots in the June 11 Republican primary for the U.S. Senate.
Two GOP leaders - McSweeney and Del. Robert Marshall of Manassas - sought to restrict the primary to voters who declare loyalty to Republican principles.
U.S. District Judge Richard Williams ruled that McSweeney and Marshall lacked standing to challenge the open primary, which was approved in December by the party's 80-member central committee.
Williams said any challenge to the primary would have to be brought by the GOP itself rather than by two individuals he described as "mavericks" who are discontent with their party's decision.
"Certainly, that would have been the orderly way to go about business rather than having disgruntled individuals of an organization as rich as the Republican Party come forward when the party adopts plans that don't fit the purity of thought they desire," Williams said.
U.S. Sen. John Warner insisted on the primary under a law that gives incumbent statewide officeholders the power to chose their method of nomination. Warner is facing a tough primary challenge from Jim Miller, a former federal budget chief.
McSweeney and Marshall are among a large group of conservatives angered by Warner's refusal to support two recent GOP nominees - Oliver North for U.S. Senate in 1994 and Mike Farris for lieutenant governor in 1993.
Many of the conservatives hoped the party would make its nomination at a state convention, believing that Warner would have little chance of overcoming the wrath of party activists.
The primary is open to all - not just Republicans - because Virginia does not register voters by party affiliation. Many of Warner's conservative critics have voiced concern that the senator will encourage independents and Democrats to cast ballots.
Daniel Carrell, an attorney for McSweeney and Marshall, argued that the party had no power to control its nomination this year. He said the central committee, under law, was required to honor Warner's demand for a primary.
"Now it's being told it has to let Democrats vote, who are in active opposition to the party," Carrell said. "If the party's not free to determine who gets its nomination, what's left?''
Hewitt Pate, an attorney for Warner, questioned whether McSweeney was trying to thwart the primary with a last-minute action. He noted that Warner had informed the chairman in February 1995 that he would insist on a primary, and McSweeney waited a year to file suit.
Williams, in his ruling, also said "there is no way" the court could fashion a way to limit participation to Republicans without delaying the primary.
LENGTH: Medium: 64 lines KEYWORDS: POLITICS CONGRESSby CNB