Cheers!
Posted on 08/08/2015 9:43:36 PM PDT by z taxman
According to “sore loser” laws in the state of Ohio, any candidate who has chosen their party essentially can’t, at the last minute, run on a third-party ticket in the state.
With Ohio being a crucial swing state, that’s a massive hurdle for team Trump to overcome, should they wish to run a third-party candidacy in the future.
Ohio Secretary of State Jon Husted and his spokesman, Joshua Eck, have already decided that due to the fact Trump “voluntarily participated” in the Republican primary debate in the state of Ohio, he’s already declared himself a Republican in the eyes of Ohio law and “chosen a party for this election cycle.”
Legal experts said that mounting a third-party run is a daunting, close-to-impossible, expensive challenge, according to USA Today.
Trump, should he proceed with his third-party option, would likely have to challenge laws like Ohio’s “sore loser” law in court, mount massive grassroots campaigns in all 50 states to get on the ballot and spend even more of his own money in a process that political experts believe would hand the election to Democrats on a silver platter.
But then again, this is Donald Trump — a candidate who has single-handedly changed the campaign in a matter of a few months.
His fierce anti-establishment platform has garnered unprecedented support from what his campaign calls a “silent majority,” so it’s really not a surprise that he’s insistent on using his third-party threat as leverage — that’s what deal-makers do.
What are your thoughts? Sound off on Facebook and Twitter if you think Trump would be foolish to run on a third-party ticket or if you think he should continue to use it for leverage against the establishment.
(Excerpt) Read more at conservativetribune.com ...
Cheers!
I look forward to seeing Jeb waylaid on the side of that road.
“If the bitch is green, there must be something wrong with the p*****.” - Eddie Murphy (Delirious)
Yeah I think they’re preventing a person from running for multiple offices at a time or for the same office under multiple parties (you would then appear on the ballot twice for the same office)
That doesn’t matter. In Alaska, Lisa Murkowski lost her bid against Joe Miller in the Republican primary, then ran as an independent write in vote - and won. I think this is what this statute says. Had she won the R primary, then she would have been prohibited from running as an I or Reform Party candidate.
Ohio Secretary of State Jon Husted and his spokesman, Joshua Eck, have already decided that due to the fact Trump "voluntarily participated" in the Republican primary debate in the state of Ohio, he's already declared himself a Republican in the eyes of Ohio law and "chosen a party for this election cycle."
They always leave a little wiggle room.
Trump will win the GOP nomination despite the GOPe leadership. He won’t run third party.
But the threat of running third party will keep the GOPe from using really really dirty tactics. Instead of banning him from debates, they will just try to get the moderators to fire crap at him to try to knock him out.
So, if I decide that I, as a registered Republican, want to vote for a DEM in the election, I’m not allowed to? They are making up the rules as they go.
they’ll just cut a deal with Billary.
I think the democrats might be getting ahead of themselves here. Trump would probably pull just as many dems as pubs.
If this is the correct statute, a plain reading would be that anyone who:
1) Files a declaration of candidacy;
2) Files a declaration of intent to be a write-in candidate;
3) Files a nominating petition;
4) Becomes a candidate through nomination in a primary;
5) Becomes a candidate by filing a vacancy (my guess, without reading the other part of the statute, is that this is when the candidate who won the party nomination withdraws from the race, and is replaced by another candidate)
...cannot file to run in the same race again.
As a practical matter, I don’t see how participating in a Republican party primary debate for President falls under any of the above five ways the “sore loser” law comes into effect. Unless there is some alternative case law on the subject, or this is some area of the law where the judges are under the thumb of the politicians in review of the decisions made, I suspect Husted would lose any challenge to a third-party declaration on this ground on appeal.
From Wikipedia: In United States politics, a sore-loser law is a law which states that the loser in a primary election can’t then run as an independent in the general election.[1] In most states, these laws do not apply to presidential candidates.
Okay, then explain to me why a state should find it necessary to limit folks who otherwise qualified to be placed on the ballot?
I don’t care if they beat the filing deadline. if they do, let them on.
Unless there’s a valid reason for them to be there, they aren’t going to be elected anyway.
If some dingbat files, who cares? They’ll get ten votes.
My thoughts exactly. This won't stop him from running 3rd party, and he never could have won splitting the Republican vote. It can only help Hitlery.
Actually I wish Trump would run 3rd party now. Early on I thought it would elect Hillary, now I don’t even think Trump could make it to the general election. He will blow up his own campaign with his childish behavior and lack of any specifics to back up his bluster.
As to the “sore loser” laws. I am sure both major parties would probably like them. The Dems have to worry about Sanders a little bit. I can see the concept spreading to enough states to make Donald Trump like blackmail a thing of the past. I know some such laws already exist, but I am not sure if challenged whether they’d survive in court.
In this particular case I don’t think it matters.
This is just a quick perusal so I could be all wrong.
- - -
If a candidate withdraw before the applicable deadline for filing a declaration of candidacy, declaration of intent to be a write-in candidate, or nominating petition for the subsequent office for which the person is seeking to become a candidate at the same election;
then
the secretary of state or a board of elections shall not disqualify, a person from being a candidate for an office
3513.052 (G) and 3513.052 (H)(2)(a)
- - -
3513.05 Deadline for filing declaration of candidacy.
Each person desiring to become a candidate for a party nomination at a primary election or for election to an office or position to be voted for at a primary election, except persons desiring to become joint candidates for the offices of governor and lieutenant governor and except as otherwise provided in section 3513.051 of the Revised Code, shall, not later than four p.m. of the ninetieth day before the day of the primary election, file a declaration of candidacy and petition and pay the fees required under divisions (A) and (B) of section 3513.10 of the Revised Code.
- - -
When is Ohio’s primary? The cutoff is 4PM on the 19th day before the primary. A candidate does not have to file a declaration of candidacy and petition and pay the fees until then. Once they do then they can not be a candidate of another party unless they first withdraw from the first party.
But everything must be done by the cutoff date
> I don’t see how participating in a Republican party primary debate for President falls under any of the above five ways the “sore loser” law comes into effect.
I agree. I think Husted et al is just blowing smoke.
I guess you forgot all of the GOP candidates, with the exception of Trump, pledged to support the republican nominee.
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