In United States politics, a sore loser law is a law prohibiting the loser in a primary election from then running as an independent or representing another political party in the general election, thus basically blocking them from appearing on the general election ballot (though sometimes they may still run as a write-in candidate).[1][2]
Some states accomplish the same goal by having simultaneous registration dates for the primary and the general election. Only the states of Connecticut and New York have neither a sore loser law nor simultaneous registration deadlines.[3] Iowa had previously been among this group of states but implemented a sore loser law in 2021.[4]
Richard Winger, a ballot researcher, is of the opinion that in most states these laws do not apply to presidential candidates.[5]
Constitutionality
editOpponents have argued that sore loser laws constitute a violation of the Constitution, and have launched court challenges on those grounds. In August 2018, a federal judge sided with the North Carolina affiliate of the Constitution Party in agreeing that the retroactive application of the state's sore loser law was unconstitutional, as applied to the newly formed party.[6]
Gary Johnson case
editIn Michigan, one of the few states where this law applies to presidential elections as well, Gary Johnson was three minutes late to withdraw from the 2012 Republican Primary and was therefore on the ballot. As a result, he was denied ballot access as a Libertarian.[7]
The Libertarian Party stated that since petitioning in Michigan is by party, not by person, a Texas businessman who is also named Gary Johnson would stand in and run for president as a Libertarian in Michigan, but a U.S. District judge denied their motion.[8]
Gary Johnson was certified as a write-in candidate and received 7,774 votes in Michigan in the general election that year.[9]
2006 Connecticut US Senate election
editIn the 2006 Connecticut Democratic Senate primary, Ned Lamont defeated Joe Lieberman. However, because Connecticut was one of just three states without a sore loser law at the time (along with New York and Iowa), Lieberman was able to successfully run as an independent in the general election. [10] During his ensuing Senate term, Joe Lieberman would kill the public option for healthcare by threatening to join Republicans in filibustering the Affordable Care Act if the public option was part of the Act.[11][12]
References
edit- ^ "When states adopted sore loser laws". Ballotpedia. Retrieved 2022-06-16.
- ^ Lengell, Sean (2010-10-24). "Florida eyes 'sore loser' election law". The Washington Times. Retrieved 2019-01-23.
- ^ Schneider, Troy K. (2006-07-16). "Opinion | Can't Win for Losing". The New York Times. ISSN 0362-4331. Retrieved 2022-06-15.
- ^ IA LEGIS 12 (2021), 2021 Ia. Legis. Serv. Ch. 12 (S.F. 413) (WEST)
- ^ "Sore loser laws for presidential candidates, 2016". Ballotpedia. Retrieved 2022-06-15.
- ^ Doran, Will (2018-08-23). "Another Election Law Struck Down in North Carolina". Governing.
- ^ McMorris-Santoro, Evan (2012-06-12). "Is Mitt Romney Afraid of Gary Johnson?". Talking Points Memo.
- ^ Eggert, David (2012-09-20). "Libertarians lose again in fight for spot on Michigan ballot, file appeal". M Live.
- ^ Brush, Mark (2012-11-26). "It's official, Pres. Obama takes Michigan, Gary Johnson wins 'write-in' battle". Michigan Radio.
- ^ Burden, Barry C.; Jones, Bradley M.; Kang, Michael S. (2014). "Sore Loser Laws and Congressional Polarization". Legislative Studies Quarterly. 39 (3): 299–325. doi:10.1111/lsq.12047.
- ^ "Senate Democrats Drop the Public Option to Woo Lieberman, and Liberals Howl".
- ^ "Joe Lieberman, Iraq War Cheerleader and Killer of Public Option, Dead at 82 | Common Dreams".
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