On June 27, 2023, U.S. District Court Judge James L. Graham denied relief to Sarah Thomas Hoover, a Republican who was kept off the ballot in November 2022 even though she was her party’s nominee for Trumbull County Court of Common Pleas. Koover v LaRose, s.d., 2:22cv-3468.
She had run in the May 2022 Republican primary for a different judicial position. Later, the Common Pleas seat became vacant due to the resignation of the incumbent. In such special election situations, Ohio law lets parties choose a nominee without the need for a primary. The Republican Party chose her as its nominee, but because she had run for a different position earlier that year, the Board of Elections and the Secretary of State kept her off the ballot. Therefore the Democratic Party nominee was the only candidate listed on the November ballot.
Judge Graham said that the “sore loser” law is constitutional in general. He wrote that if the plaintiff had filed an “as applied” claim, she might have won the lawsuit. He said the justifications for the “sore loser” law are not peruasive in a sitution like this. He said, “The unusual situation where a primary election loser desires election to since-vacated office is unlikely to confuse voters or cause a substantial increase of work for county board of elections.” But apparently her briefs made a general attack on the sore loser law instead of an “as applied” challenge, so she lost the lawsuit. Here is the eight-page opinion.