North Carolina Legislature Overrides Veto of “Sore Loser” Bill, so it is Now Law

On June 20, the North Carolina legislature overrode the veto of SB 486, so it is now law. It makes it illegal for a party that nominates by convention to nominate someone who had earlier that year run in a primary of another party for the same office.

The Constitution Party already nominated three such individuals, and because the party did so before the “sore loser” law was in effect, there is no clarity as to whether the three candidates can appear on the November ballot.

Tenth Circuit Won’t Rehear Utah Republican Party Appeal

On June 8, the Tenth Circuit refused to reconsider its earlier decision in Utah Republican Party v Cox, 16-4091. The earlier decision said that the Utah procedures for parties to nominate candidates are constitutional. The Republican Party had filed this case, arguing that it does not want candidates to get on the Republican Party primary ballot unless they have substantial support at a party meeting. But the law permits such candidates if they submit a petition.

The June 8 order, denying rehearing, said that the original decision would be slightly amended by adding footnote 29. That footnote says, “Our decision addresses only the issues presented to us. We do not address the reach of governmental power to regulate other associational nominating decisions.” The purpose of that footnote is to protect associations that are not political parties from being told how to conduct their affairs.

Pennsylvania Now Says it Won’t Enforce Residency Requirement for Primary Petition Circulators

On August 21, 2017, U.S. District Court Judge John E. Jones III upheld Pennsylvania’s residency requirement for petitioners who circulate primary petitions. De La Fuente v Cortes, m.d., 1:16cv-1696. The judge said the law is needed to protect the associational rights of the Democratic and Republican Parties, because if out-of-state circulators were permitted for primary petitions, those circulators might not be members of the same party. De La Fuente then appealed that decision to the Third Circuit.

On June 18, 2018, the Pennsylvania Attorney General’s department wrote a letter to the Third Circuit, saying De La Fuente’s appeal should be dismissed because the state does not intend to enforce the residency requirement for primary petition circulators in the future.