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Sore Loser on Ballot

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 16, 2018
Available Online Only

Libertarian Party of Michigan v. Johnson (Paul D. Borman, E.D. Mich. 2:12-cv-12782)
On June 25, 2012, the Libertarian candidate for President filed a federal complaint challenging application of Michigan’s sore loser statute to disqualify him from the general election ballot because he withdrew from the Republican primary three minutes late. After Michigan responded to the complaint with a motion to dismiss it, the candidate filed a motion for summary judgment. He filed a motion to expedite on August 19. Observing that the candidate had known since May that he would be excluded from the ballot, the district court also concluded that the complaint should be dismissed on the merits. In 2013, the court of appeals agreed.
Subject: Getting on the ballot. Topics: Getting on the ballot; intervention; laches.

One of many Case Studies in Emergency Election Litigation.