The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Friday, April 19, 1996                 TAG: 9604190021
SECTION: FRONT                    PAGE: A14  EDITION: FINAL 
TYPE: Editorial 
                                             LENGTH: Medium:   58 lines

MCSWEENEY AND BYRNE PROTEST NOMINATION PROCESS TO SORE LOSERS: PACK IT IN

GOP Party Chairman Pat McSweeney and former Democratic Congresswoman Leslie Byrne are polar opposites when it comes to political philosophy. But they're soul mates, it appears, when it comes to political strategy.

McSweeney wanted his party's nominee for the U.S. Senate to be picked in a convention, but GOP decision-makers voted him down. Byrne wanted to be the Democratic nominee in that election, but was rousted in the mass meetings where delegates to the nominating convention were picked.

Rejected in the usual political channels, McSweeney and Byrne are turning to the legal system to see if they can recoup through the back door what they lost through the front. On the playground, this would be called being a sore loser.

McSweeney was rebuffed in his effort earlier this week when U.S. District Judge Richard Williams ruled that he had no legal standing to challenge Virginia's open-primary law. Virginians don't register by political party, which means any Tom, Dick or Harry is free to cast a ballot.

While this system might naturally rankle party activists who think they've earned the right to decide who'll stand for election in the party's name, the advantage is that the party is more likely to get a nominee who'll appeal to a broad spectrum of voters.

Of course, open primaries also create potential for mischief - as when members of the opposite party visit the voting booth to bolster the returns of the candidate they deem easiest to defeat in the fall.

There's never been strong evidence that such voting has altered the results of Virginia primary elections, however. And in the upcoming GOP election between U.S. Sen. John Warner and former Reagan budget chief Jim Miller, there are equally compelling arguments that either candidate stands to gain or lose by the process.

Warner, who won the gratitude of many Democrats and independents when he forcefully opposed the candidacy of fellow Republican Oliver North two years ago, is expected to be the beneficiary of their thanks in an open primary. But in the skulduggery department, Democrats wanting to win in November might vote for Miller, who is less known and has none of the advantages of incumbency.

Meanwhile, Byrne complains that the Democrats' nomination rules rig the system to support a preordained outcome. Her campaign has filed a formal complaint with the Justice Department and the state Democratic Party.

The Democratic rules may be convoluted, but they're equal opportunity. Byrne had just as much chance as Northern Virginia businessman Mark Warner to pre-file supporters and turn them out at mass meetings across the state. She failed to do so - big time.

In turning down McSweeney, Judge Williams said that discontented ``mavericks'' who find that the process doesn't ``fit the purity of the thought they desire'' shouldn't be allowed to rewrite election rules.

Bravo, Judge Williams. McSweeney and Byrne, take note. by CNB