West Virginia Supreme Court Explains Why it Kept Constitution Party Nominee off Ballot for U.S. Senate

On October 5, the West Virginia Supreme Court issued its explanation of why it kept Don Blankenship, Constitution Party nominee, off the ballot. State ex rel Blankenship v Warner, 18-0712. The opinion is at its weakest near the end, when it tries to explain why keeping “sore losers” off the ballot for unqualified parties doesn’t violate equal protection, because qualified minor parties are free to nominate “sore losers” if they nominate by convention. Thanks to Phil Hudok for the link.


Comments

West Virginia Supreme Court Explains Why it Kept Constitution Party Nominee off Ballot for U.S. Senate — 7 Comments

  1. So, if Rand Paul decides to run for both the Republican and Libertarian nominations for President, but loses the Republican nomination while getting the Libertarian nomination, does that make him a poor loser in West Virginia?

  2. No, because courts have consistently ruled that the legal parties in interest are the electors.

  3. Walter, “sore” not “poor” loser. The answer to your question is both yes and no. Libertarians in WV do not use the primary process so such an endeavor would not be simultaneous between both parties. Libertarians here hold their nominating convention in April several weeks before the May WVGOP primary. However, the Republican-controlled legislature is talking about moving that late date up. If that happens, then Rand could first run in the WVGOP primary and then if unsuccessful seek the Libertarians’ nomination by convention.

    The Mountain (Green) Party here typically holds their nominating convention after the primary in June so that is all set up for Bernie.

  4. How many more minority rule winner HACKS will happen with the now nonstop machinations in ALL States —

    along with Civil WAR II ???

    See the 1860 Lincoln math >>> 1861-1865 Civil War I.

    PR and AppV

  5. MORE SEPARATE AND UNEQUAL BALLOT ACCESS STUFF.

    HOW MANY HUNDREDS/THOUSANDS OF SCREWED UP *** UNCONSTITUTIONAL *** USA/STATE/LOCAL BALLOT ACCESS CASES SINCE 1968 ???

  6. Individuals from the Green and Libertarian Parties, along with many other partisans and independents have been coordinating under pure proportional representation (PPR) for more than twenty-three consecutive years and PPR works fine.

    But the party bosses have been making sure to snuff out unity and they are sure to do every time because they are elected under one-party, single-winner districts, and so they think single-winner districts work fine.

    Now there is a team of male and female Presidential candidates who are intentionally working to unite Prez and Vice Prez across gender and partisan divides.

    http://www.usparliament.org/google2020.php

    In the past 48 hours I have spoken on telephone to both Missouri State Libertarian Party executive director and the Green Party Missouri State Secretary.

    They are both interested in PPR in their prospective states but at the same time they are new to the concept of the PPR Electoral College.

    The United Coalition USA asks everyone to consider the United Coalition USA’s PPR Electoral College.

    Try to connect with us by way of the California, Missouri or another state and/or national party’s Electoral College. This does not require a change in the US Constitution on the Federal level and we’re practising PPR every day having fun and waiting for you to join too.

  7. I hope Don Blankenship runs for President on the Constitution party ticket, Trump cost him the primary and the Republican Secretary of State and the West Virginia court cost him a spot on the November, Blankenship was a political prisoner of the Obama justice department

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