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116 G Edwards Ferry Road
Leesburg, VA 20176
703-669-3525 (Fax)


March 15, 2017


(For Immediate Release)

Contact: Charles L. King, Esq., 116 G Edwards Ferry Road, Leesburg, VA 20176,
(703) 669-3500, (703) 669-3525,

On March 12, 2017, Colonels Jay L. Marts and Dana Newcomb, two retired veterans
filed a 1983 voting rights suit against the Republican Party of Virginia in the United States
District Court in Harrisonburg, Virginia, seeking return of their right to vote in party nomination
contests. Both men live in Frederick County, Virginia.

Jay L. Marts served twenty-eight years in the United States Army. Dana L. Newcomb, a
West Point graduate, is a disabled veteran who served in Operation Desert Shield/Desert Storm.

The Plaintiffs were banned from the Republican Party for four years under Article I of
the Republican Party Plan, the bylaws for Virginias Republican Party. The Article I sanction is
an automatic four year ban on party membership, voting in candidate nominating contests and
running for office as a Republican. Article I also bans persons who have participated in the
nomination contest of another party within five years from voting in Republican Party candidate

Article I sanctions are imposed after a person participates in a party run candidate
nomination process, signs a loyalty oath and then publically supports an opposition candidate.

Marts and Newcomb attended a Frederick County Mass Meeting to nominate county
officials on April 27, 2015. After the Mass Meeting, both men supported independent candidates
by Facebook posts, letters to the editor and making small contributions.

The Frederick County Republican Committee has a long history of in-fighting.

A petition to impose Article I sanctions on the Plaintiffs and eight others was filed with
the Frederick County Republican Committee. The committee declined to impose sanctions. The
decision not to impose sanctions was appealed to the Tenth District Republican Committee.


On July 25, 2016, the Tenth District Republican Committee responded by dissolving
the Frederick County Committee, removing the Chairman and imposing Article I sanctions. The
Plaintiffs appealed.

On August 27, 2016, the Republican State Central Committee upheld the actions of the
Tenth District Committee.

King was critical of Republican Party Chairman John Whitbeck: I tried to settle this
quietly with Chairman Whitbeck. I got nowhere. These days Id expected Mr. Whitbeck to have
a more sensitive ear and appreciate the effort to resolve this privately.

King continued: Didnt we just elect a Republican President who campaigned on

helping veterans?

King said: One of my clients is permanently disabled from his service related injuries.
This man literally sacrificed his body to protect us. Now John Whitbeck says my client, a retired
full colonel, cant vote because of Facebook posts and a letter to the editor!

King called the Article I sanctions unconstitutional, an illegal prior restraint on speech
and just a bad rule. Its not clear when the punishment starts or stops. What if the Republican
Party unknowingly nominated a white supremacist? Would party members be forced to choose
between supporting a repugnant candidate and political purgatory? There is no notice. No
chance to defend yourself. No way to reapply early.

King asked: Where did the four year ban come from? Why not just make it ten years or
better yet, for life? Wouldnt that be easier?

King urged readers to view the Party Plan on the Partys website: Im not making this
up. Im not spinning.

King said his clients do not dispute the allegations made against them or the partys right
to discipline them: You can kick them out of the party, but you cant stop them from voting in
party nomination contests. Its power delegated from the state. Voting at a party convention is
the same as voting at the school or community center.

The suit asks the Article I sanctions be declared unconstitutional and for an injunction
against their enforcement.

The Republican Party of Virginia, the Virginia Board of Elections and the Frederick
County Republican Party are named as defendants.

King said he will also file a complaint with the Civil Rights Division of the United States
Department of Justice.

The case number is 5:17 cv000022 and the suit may be viewed or downloaded on the
Courts PACER system.


Copies of the pleadings with exhibits are available upon request.

End of Statement