THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, December 10, 1995 TAG: 9512100040
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY WARREN FISKE, STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium: 74 lines
Hoping to avoid an expensive lawsuit, state Republican leaders on Saturday bowed to U.S. Sen. John W. Warner's demand that they hold a primary election next spring to determine their nominee for the Senate.
The party's 80-member Central Committee voted overwhelmingly to hold the election on June 11. Warner, a three-term Republican, is being challenged by James C. Miller III, a former federal budget director in the Reagan administration.
Many Republican officials, infuriated by Warner's public refusals to support two recent GOP nominees for statewide election, had hoped to derail the senator's re-election bid by forcing him to seek the nomination at a party convention.
Warner defied his opponents by invoking a little-known state law that gives incumbents the right to chose their own method of nomination. He threatened to sue the party and to run as an independent if his demands for a primary were not met.
``This is a great victory for voters all across Virginia and for the Republican Party,'' Warner said in a written statement after the vote. ``Voters now have the opportunity to select the best qualified candidate for the general election in November. This is democracy in action.''
Miller, who stated no preference for a method of nomination, said he is well prepared to run in a primary. ``I'll whup him on any level playing field,'' he said.
Many conservative leaders of the party - including GOP Chairman Patrick McSweeney - had argued that the law allowing incumbents to determine the method of nomination is unconstitutional and infringes on the rights of political parties. They asked state Attorney General James S. Gilmore to issue an opinion on the matter.
Gilmore responded last month by saying that the law entitled Warner to make the decision. He declined to state a clear opinion about the law's constitutionality.
Several Republicans argued Saturday that the party should not risk litigation. The party has spent almost $100,000 recently contesting a lawsuit against its charging of fees to delegates at its 1994 state convention that is pending in the U.S. Supreme Court.
GOP officials also expressed concern about Warner's threat to run as an independent rather than face conservative opponents at a state convention. Miller said a three-way race against Warner and a Democrat next fall could ``muck up'' Republican chances of holding the Senate seat.
Many Republicans who backed the primary said they are still angry at Warner for refusing to support Michael P. Farris, the GOP nominee for lieutenant governor in 1993, and actively opposing Oliver L. North, the party's U.S. Senate nominee last year.
``Very frankly, I think Warner has done us a disservice,'' said David Hummel, who leads 2nd District Republicans in Norfolk and Virginia Beach. ``But the general public doesn't care about the fights of the Republican Party. They care about issues and a primary gives us our best chance to put them before the public.''
McSweeney said the party still reserves the right to determine how future nominations will be conducted and said he hopes the state law will be challenged at some point.
In the meantime, GOP leaders expressed dissatisfaction with Warner by passing a resolution requiring all Republican candidates before they are certified for the ballot next year to support the party's nominee. Warner has promised to sign the oath.
All Virginia voters, regardless of party affiliation, can vote in the Republican primary. That's because Virginia does not ask citizens to declare a political party preference when they register to vote.
Republicans, voicing concerns that Democrats could influence the results of their primary, passed a resolution asking the General Assembly this winter to enact laws allowing registration by party. by CNB