On December 16, the U.S. Supreme Court revealed that it has refused to hear Libertarian Party of Michigan v Ruth Miller, 13-442. This is the case over whether Gary Johnson should have been on the Michigan ballot as the Libertarian nominee in November 2012.
The U.S. Supreme Court has not agreed to hear any election law case brought solely by a minor party, or an independent candidate, or their voters, since 1991, if that minor party or independent candidate had lost in the lower court. The only exception is a case from Georgia in which a Libertarian nominee was kept off the ballot because he had refused to take a test for illegal drugs, in defiance of a state law that did not permit candidates to get on the ballot for state office unless they took a urine test.
Here is a short news article about the denial.
Gee – MUST pay attention to election law TIME DEADLINES.
— esp. for anarchist LP type folks ??? Duh.
The only precedent on this in Michigan was that the sore loser law doesn’t apply to presidential primaries. That precedent was set in 1980 by John B. Anderson, who ran in the Michigan Republican presidential primary that year and was still allowed on the November 1980 ballot as the nominee of the Anderson Coalition Party. The Michigan sore loser law was passed in 1955, at a time when Michigan didn’t have a presidential primary, so legislative intent in 1955 didn’t show any desire to cover presidential primaries.
To be expected. Richard – Were there any justices who were in favor of hearing the case?
This countries election laws suck!”Before a revolution can take place, the population must lose faith in both the police and the courts.” Robert Heinlein We are reaching that point!
Only solution now is to file in state court and argue that SoS interpretation of sore loser law contradicts intent behind statute and previous practice. Straight-up state-law challenge.
The U.S.A. has ANTI-Democracy minority rule gerrymander political cancer – federal, state and local — since 1776.
The gerrymander Electoral College is part of such cancer.
ALL sore loser stuff is one more distraction.
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P.R. and nonpartisan App.V. — NO primaries and thus NO sore loser stuff.
It also seems possible that some Michigan state legislator might be persuaded to introduce a bill, saying the sore loser law doesn’t apply to presidential primaries. We should at least try.
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Top 2 would also solve the problem.
Jim, thanks. That’s just what we need in a November election–only two choices from the two major parties. Jezz.
Sure fire way for more people to just stay home and not vote! Me included.
The American people are fed up with the two party system. If you have to have a top-something, at least make it “top-three” .
That would be fine, so long as there were a December runoff in case no candidate received a majority.