SCOTUS will not hear Gary Johnson Sore Loser Appeal

Ballot access news reports that the US Supreme Court has refused to hear an appeal from the Gary Johnson campaign regarding the Michigan “Sore Loser” Law that prevented his appearance on the November 2012 Michigan ballot, due to his prior appearance on the state’s primary ballot (despite the campaign’s attempt to have him removed from that primary ballot — at issue was a claim by the State of Michigan that a fax from the campaign requesting same missed the deadline by about 3 minutes.)


Prior IPR coverage of this issue can be found here

Michigan Secretary of State Claims She Won’t Allow Gary Johnson on Ballot as Libertarian

and here

Gary Johnson Sues Michigan For Spot on Ballot

The Libertarian Party issued a Press Release on the issue in May 2013, available here:

Republican Allies in Michigan Courts Subvert Justice to Block Libertarian

10 thoughts on “SCOTUS will not hear Gary Johnson Sore Loser Appeal

  1. Richard Winger

    What’s really horrible is that the Michigan “sore loser” law hasn’t changed since it was passed in 1955, yet in 1980 the Michigan Secretary of State put John B. Anderson on the November ballot as a minor party nominee (“Anderson Coalition Party”) even though he had run in the 1980 Michigan presidential primary.

    The state has left itself open in the future to parties finding some other person with the same name as the party’s real presidential nominee. This idea was tried in 2012, when the Michigan Libertarian Party said if you won’t print Gary Johnson of New Mexico on the ballot, in that case our nominee is Gary Johnson of Austin, Texas, a former national party officer. The state just ignored that request. In September the party sued over that, but then the court said the lawsuit was filed too late. Next time the trick will work, if it is needed.

  2. paulie

    Also, Johnson did not actually file notice of withdrawing from the Republican Party primary late, that was another dirty trick by the state.

  3. Joseph Buchman Post author


    Grant Huihui was the campaign staffer who sent that FAX. I know he wishes he had sent it earlier. Time stamp on the machine here was about 2 minutes before the deadline. Time stamp in Michigan was about 3 minutes after the deadline.

    I know we all wished Grant had sent that FAX about an HOUR earlier.

    If this was a dirty trick, we handed them the dirt before they tossed it on us.

    Of course FAX machines, neither theirs nor ours, were exactly tied into the National Bureau of Standard’s atomic clock.


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  5. Bondurant

    SCOTUS will not rule against the “two party” system that gives them a profitable lifelong job? Shocker. The entire government is corrupt and rotten to the core.

  6. Thomas L. Knapp

    “Also, Johnson did not actually file notice of withdrawing from the Republican Party primary late, that was another dirty trick by the state.”

    Maybe. Maybe not. Remember, we’re talking about a guy whose entire campaign finance plan was based on getting a government welfare check to get out of the hole it had dug, and who then ran his NEXT campaign into debt as well. I’m not sure I’d be quick to assume that anything he or his campaign says about, well, anything, is honest.

  7. Joseph Buchman Post author

    Thomas L. Knapp @ December 17, 2013 at 10:15 pm

    Sadly that was my experience.

    I can’t quite seem to get my loyalty commitment level to quite overcome experiencing being lied to . . . at least more than once.

  8. Mike Kane

    Very disappointing to hear the least.

    It’s an awful law to begin with that restricts individuals from participating in the political process.

    Thank you Mr. Winger for your insight.

  9. paulie

    The decision is bullshit. Sore loser law by logic do not apply to presidential runs. And also by past practice, incuding in Michigan (Anderson). There are numerous precedents that say the opposite.

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