How do we resolve the tension between an individual’s right to vote for who he or she chooses and a political party’s right to set its own rules to govern its proceedings? This conflict was at issue in Correll v. Herring, involving the validity of Virginia election law § 24.2-545 (D).
Political parties in Virginia “have the right to determine the method by which . . . [they] will select their delegates to the national convention to choose the party’s nominees for President and Vice President of the United States including a presidential primary or another method determined by the party.” Virginia Code § 24.2-545 (A). Under § 24.2-545 (D), party delegates must vote for the candidate who wins the most votes in the party primary (“winner takes all”) if the state party uses a primary election system. Violation of § 24.2-545 (D) is a Class 1 misdemeanor.