Judge rules against Prince William Republicans, Primary Election not likely

Updated with new information at 4 p.m. 

In keeping with what it calls the “status quo,” the Prince William Electoral Board will not allow local Republicans to hold Primary races in June.

The Prince William Electoral Board decided not to allow a Republican Primary Election after the Prince William Republican Party chairman missed a filing deadline on Feb. 24 to request the Primary Election. The Primary vote would have decided which GOP candidates would move on to face Democrats in November’s General Election.

Republicans filed a writ of mandamus asking for a judge to step in and allow a Primary Election. Arlington Circuit Court Judge Paul Sheridan, who is retired but agreed to hear the case in Prince William court, ruled against Republicans on Friday saying that it is up to the Prince William County Electoral Board to allow a Primary, and that a “mandamus is not the right way to proceed.”

Republicans argued state law allows incumbent candidates who have won a previous Primary Elections to automatically be allowed another Primary. The judge didn’t see it that way and said state law mandates a Primary Election must be requested by a party or candidate in advance.

Sheridan also denied a request to issue a declaratory judgement that could have ordered the local electoral board to a Primary.

“It is not for a judge, in light of all this, to tell [political] parties, state, or local organizations how to proceed,” said Sheridan.

Several incumbent Republicans are up for election this year. Prince William County Board of Supervisors Chairman, At-large Corey Stewart, and Coles District Supervisor Marty Nohe, each face challengers. Incumbents Potomac District Supervisor Maureen Caddigan and Sheriff Glen Hill are also Republicans on the ballot.

After missing the filing deadline, Prince William Republicans appealed to the State Board of Elections in Richmond to allow them to hold a Primary. That agency deferred to the Prince William Board of Elections and said it was the only agency that had the had the authority to allow such a Primary. 

That Board in 2-1 vote, comprised of two Democrats and one Republican, ruled that it didn’t the authority to allow the Primary.

Republicans are now unsure how they’ll pick who will be on the ballot for local races in November. They now have options of holding a convention, or a “firehouse canvass” in instead of a Primary Election where voters would head to their regular polling places, or cast absentee ballots.

“This is an attempt by the Democratic Party to disenfranchise members of our military, the disabled, and those who will not be able to participate in this electoral process,” said Prince William County Board of Supervisors Chairman, At-large Corey Stewart.

Stewart added the Electoral Board has historically been non-partisan, but added that it is no more. He also voiced confidence that his fellow incumbent Republicans will win the local races.

Prince William County Electoral Board member Keith Scarborough said Republicans failed those who serve in the military overseas, or those who might not be able to participate in a nominating convention or firehouse canvass.  

“This was something that was forced on us by the failure of the republican committee to file paper work to request a primary,” said Scarborough. “We have enough to do we’re not going out to look to meddle in someone’s Primary process.”

Scarborough maintains the local electoral board doesn’t have the legal authority to allow for a Primary Election.

“If the situation was different and a Democrat missed these deadlines, I would feel the same way. Following the rule of law should not be a partisan thing,” added Scarborough.

It’s not clear if Republicans will appeal Sheridan’s decision. Stewart said the hearing was “fair.”