Monday, August 10, 2015

States with Presidential Primary Sore-Loser Laws and Trump's Campaign


With Donald Trump indicating he could run as an Independent, we need to understand the Sore-Loser Law some states have in their election code.

In the United States, a Sore-Loser law is a law which states that the loser in a primary election can't then run as, one or some, as an: other party, independent, or write-in, in the General Election.

In most states, these laws do not apply to Presidential candidates. Some do allow a candidate to do a write-in campaign.

The states with Sore-Loser laws are:

Ohio - According to Sore-Loser laws in the state of Ohio, any candidate who has filed to be on a Party's Primary ballot can’t run on a third-party ticket in the state. But independent or write-in is allowed.

Michigan - Passed its Sore-Loser law in 1955. The Sore-Loser law, sec. 168.695, says that when an individual has run in the primary of one party, he or she can’t be the General Election nominee of another party. Michigan finally put in statutory procedures for independent candidates in 1988, but the sore loser law was not altered, so it doesn’t apply to independent candidates.

Mississippi - According to Sore-Loser laws in the state of Mississippi, any candidate who has filed to be on a major Party's Primary ballot can run on a third-party ticket but can't run as an independent.

Texas - In order to be on the Ballot for the March 1st primary, you must file by Dec 14, 2015. If you are an independent candidate for the Nov, 2016 General, you must also file by Dec 14, 2015. If you are a political party that doesn't choose your candidate by Primary ballot, you must file your party's intent to field a candidate by Dec 14, 2015. If you file for a place on the ballot for Mar 1, 2016, and you do not win the Primary in which you run, you cannot be on the Nov, 2016 ballot. The only candidates that can be on the Nov, 2016 ballot that haven't specifically announced their intent to do so by Dec 14, 2015 are candidates chosen by parties that don't use a Primary for nomination that have filed as a party to field a candidate by Dec 14, 2015 and then, only if the candidate didn't previously lose a primary during the same election cycle. Texas Sore-Loser Law means that Donald Trump will have to make up his mind by Dec 14, 2015 to run as an independent, well before the first primary race. If he files as a GOP candidate, he must win the primary or he cannot be on the Nov, 2016 ballot. This law is designed to prevent just what is being speculated: a candidate holding a political party hostage with the threat of a third party run.

I do not think Trump will be the Republican nominee. If he ran as an independent, would he be able to get on the ballot in enough states to get 270 Electoral Voters?

The other interesting issue is how the media covers his campaign.

Say something outrages and get all-day coverage. The media talks about the 24 million how watched the debates. But that was just the average, there was 36 million who watched some of the debate and 6 million who watched the early debate.

And there has been no mention of the super PAC's who are supporting him.

- The PAC is called "Citizens For Restoring USA PAC" and is run by the Politics Political Action Committee.

CLICK HERE to view their website.

- MAGAPAC2016 — MAGA stands for the Trump campaign slogan “Make America Great Again” — plans to launch viral video campaigns with its funds. The organization is still in its early stages so its plans are still blurry, but members trust that their “elite, high-end skills” from working in movies and TV will help them along the way. Martin said “As for the look and ‘feel’ — it would be History Channel meets Wes Anderson/Life Aquatic, fresh eyes/new lens on TRUMP!”

CLICK HERE to view MAGAPAC2016's website.

- Citizens For Trump - was formed by Patriotic Warriors with the goal in mind to organize a massive grassroots volunteer army to assist the Trump for President campaign in both winning the nomination for the GOP, and the general election in November of 2016.

CLICK HERE to view Citizens For Trump website.

- Hispanic Citizens for Trump - Treasurer Frank Ramirez defended Trump’s comments and said the candidate never intended to smear all Mexican immigrants. “We will not be indifferent regarding this hijack of the migrant population’s vote by the left through their classically masterful race baiting, and countless other disingenuous tactics,” he said.

CLICK HERE to view Citizens For Trump - Hispanic website.

- Contractors supporting the GOP candidate whose platform is to Make America Great Again - Executive Director Richard Roth sent a statement describing plans to reach out to construction workers, architects and engineers, writing, “We in this Super PAC will strive to inform these potential groups of voters that a fellow builder, Donald Trump, would have the interests of the construction industry as one of his main priorities.” Presumably inspired by Trump’s rabble-rousing immigration stance, Roth argues that cheap labor provided by undocumented immigrants has hurt citizens in the industry.











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2 comments:

richardwinger said...

Mississippi does not bar candidates who run in a presidential primary from then being the presidential nominee of another party. Gary Johnson was on the ballot in the 2012 Republican presidential primary ballot, and the state did not block the Libertarian Party from listing him as its presidential nominee in 2012.

It is independent presidential candidates who can't run in Mississippi if they ran in a presidential primary that same year in Mississippi.

mhdrucker said...

Does South Dakota have a Presidential Sore-Loser Law?