Rocky De La Fuente Pennsylvania Case Will Explore “Sore Loser” Issue for Presidential Candidates

Rocky De La Fuente this year is being kept off the November ballot in three states because of state laws on “sore losers” and prior affiliation with a major party. See the underneath posts on Alabama and Arkansas, where no court challenges have been filed. De La Fuente does have a pending case in Pennsylvania on the same issues, although the Pennsylvania case does not involve a state that has contradicted itself in the past over whether presidential primaries are covered by sore loser laws. The Pennsylvania case is De La Fuente v Cortes, m.d., 1:16cv-1696. It has a status conference on October 31, 2016, far too late to restore De La Fuente to the ballot, but a vehicle for resolving the issue.

Article II of the U.S. Constitution makes it utterly clear that the candidates in November, for states that choose to allow popular voting for president, are the candidates for presidential elector. In the early years of the 20th century, this was obvious to everyone, because general election ballots listed all the candidates for presidential elector, and voters could vote for individual candidates for elector. Thus voters could even split their tickets, and express support for more than a single presidential candidate.

Another issue is whether the U.S. Supreme Court decision U.S. Term Limits v Thornton, from 1995, means that sore loser laws for federal office are unconstitutional for candidates for president and congress.


Comments

Rocky De La Fuente Pennsylvania Case Will Explore “Sore Loser” Issue for Presidential Candidates — 8 Comments

  1. Art II Prez electors are obviously STATE officers electing a Prez.

    Analogy – State Electors/Voters electing USA Reps and Senators.

    Thus – any sore loser stuff for Art. II Prez electors can only apply to the individual Art. II Prez electors – and NOT the candidates.

    Note again – 14th Amdt Sec. 2 — Prez electors get ELECTED in each State or lose USA Rep seats —
    NOT enforced since 1868 — due to nonstop lawyer and court MORONS from Hell.

  2. Why are losers “sore”? Does anyone know the origin of this phrase? Why aren’t they simply “bad” losers or “poor” losers? “Sore,” according to an online etymological dictionary is from Old English sar “painful, grievous, aching, sad, wounding,” influenced in meaning by Old Norse sarr “sore, wounded,” from Proto-Germanic *saira- “suffering, sick, ill” (source also of Old Frisian sar “painful,” Middle Dutch seer, Dutch zeer “sore, ache,” Old High German ser “painful,” Gothic sair “pain, sorrow, travail”), from PIE root *sai- (1) “suffering” (source also of Old Irish saeth “pain, sickness”).

    There’s also a use of “sore” that seems to mean “so” or “very” or “greatly,” as in the King James Version of the Bible’s Luke 2:9: “And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid.”

    If anyone can figure out why “sore” became the default adjective for “loser” in situations like this, I’d be interested to hear it.

  3. Why is this a sore subject for Richard Winger? Is De La Fuente being a sore head? If your eyes are sore, is it better to use eye drops, or to see someone you haven’t seen in ages?

  4. I have tried and failed to figure out how much ballot access Rocky de la Fuente has acquired so far. Does anyone know?

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