Judge denies 6th District injunction

STAUNTON — A circuit judge denied a temporary injunction Friday against 6th District Republican Chairman Fred Anderson seeking to block him from unseating district convention delegates and deposing Kurt Michael as Augusta County GOP chairman.
Judge Victor Ludwig said the arguments by plaintiffs attorney Francis Chester were “implying that none of the safeguards in the [state] party plan will be provided by plaintiffs.”
To order an injunction, Ludwig said, a plaintiff must show irreparable harm.
“In this case, the mechanisms are in place to prevent irreparable harm,’’ Ludwig said.
There is not significant case law regarding injunctions, the judge said.
As for whether Michael would remain as party chairman, Ludwig said the Republican Party plan also includes provisions covering that question.
Attorneys for Anderson had argued that any dispute about delegates or a chairman should be resolved within the party, not in a courtroom.
Harrisonburg attorney John Elledge said Virginia law specifically outlines that the power of political parties includes making their own rules and regulations.
Michael said he still thinks he won despite Friday’s ruling.
“We succeeded. Fred Anderson was put on notice to follow the state party plan and do the right thing in seating the 59 delegates to the 6th District Convention,’’ Michael said.
The motion for an injunction was filed by Chester on Wednesday.
He argued in court Friday that his purpose was to preserve the voting rights of 59 Augusta County delegates selected for today’s 6th District Convention, and 60 delegates selected for the state GOP Convention on May 30-31.
“We are here because 59 delegates are poised to lose their right to vote,’’ Chester said.
Chester argued that Anderson could seat all 267 people who attended the April 10 Augusta County mass meeting as delegates, diluting the county’s delegate voting strength at today’s convention.
He also sought to prevent Michael’s removal as chairman, a matter which remains in dispute because of the initial election of Larry Roller at the mass meeting by a 141-103 vote.
Citing irregularities, Michael took control of that meeting, winning a second vote as chairman, 57-2.
The district GOP committee will determine the final winner in a meeting at 2 p.m. today at Rockbridge County High School following the 6th District Convention,  Anderson said.