Libertarian Party of Michigan Again Asks Sixth Circuit to Rule that Presidential Primaries Do Not Implicate "Sore Loser" Laws

On September 17, the Libertarian Party of Michigan filed this brief in the 6th circuit, in Libertarian Party of Michigan v Johnson, 10-2175. This is the original case, filed to get former Governor Gary Johnson on the ballot. The 6th circuit already refused to issue an injunction, halting ballot-printing. This brief gets to the merits of the case, and asks that the Sixth Circuit rule that presidential primaries are not the kind of primary that “sore loser” laws apply to, and also asks that former Governor Johnson’s name, along with the party’s vice-presidential nominee and its presidential electors, be put on the ballot or recognized as legitimate candidates for whom votes will be counted. UPDATE: the Sixth Circuit will request a quick response from the Secretary of State.

Also on September 17, a U.S. District Court in the “other” Michigan Libertarian presidential ballot access case canceled the hearing set for September 18, and ruled that the case to get Gary Johnson of Texas on the ballot (assuming the first case doesn’t win) has procedural problems that forego relief. That case is Gelineau v Ruth Johnson.

Also in the meantime, the U.S. Supreme Court still hasn’t made a ruling either way in the original case, which asks the Court to either halt ballot-printing, or simply order Michigan to print Governor Johnson on the ballot.


  1. So Richard, I assume the “other” case is essentially dead?

  2. Richard Winger · · Reply

    No, it can be appealed also.

  3. Casual Bystander · · Reply

    What are the chances of any person named Johnson appearing on the Michigan ballot for president? This is looking more and more like an issue that will be adjudicated next April in the LP’s favor.

  4. What is the latest ON lawsuits AGAINST Prop. 14 (the “top two” voter initiative!)? Has it been ruled constitutional in CA? If so, then given that, there will be ZERO “third-party” candidates for statewide office in 2014, which under CA Elections Code will DISQUALIFY ALL THIRD PARTIES!

  5. Richard Winger · · Reply

    #4, the most important lawsuit against top-two is the Washington state case brought by the Washington Democratic Party and the Washington Libertarian Party. It is pending in the US Supreme Court. The US Supreme Court may say on September 25 whether it will hear this case.

    There is also the California state court lawsuit pending in Alameda County Superior Court, which has a hearing September 25. So, September 25 will be a very important date.

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