Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

DonViejo

(60,536 posts)
Thu Jul 26, 2018, 02:28 PM Jul 2018

West Virginia officials deny Blankenship a spot on Senate ballot

Source: Politico



By JAMES ARKIN 07/26/2018 12:24 PM EDT

West Virginia’s secretary of state on Thursday denied Don Blankenship’s bid to appear on the Senate ballot as a third-party candidate, a victory for Republicans hoping to consolidate votes against Democratic Sen. Joe Manchin in the general election.

Secretary of State, Mac Warner, said Blankenship’s bid would violate the state’s "sore loser law" preventing a candidate who lost a primary from running again in the general election. Blankenship ran in the May GOP primary but finished a distant third, and submitted signatures earlier this week to run in November as the Constitution Party candidate.

“According to the plain language of the law, which controls my decision, a candidate who loses the Primary Election cannot use the nomination-certificate process to run another campaign in the General Election. Any other decision would be contrary to the law," Warner said in a statement.

The decision is expected to kick off a legal battle over the law itself as Blankenship seeks to continue his campaign. Blankenship said in a statement before submitting his petitions that he expected to pursue legal efforts to fight an expected denial.

Read more: https://www.politico.com/story/2018/07/26/don-blankenship-no-senate-ballot-743490

8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Archae

(46,301 posts)
1. The "Constitution Party," figures.
Thu Jul 26, 2018, 02:42 PM
Jul 2018

The same guys who would make the Bible the law of the land, and keep getting caught with corrupt candidates.

Fred Sanders

(23,946 posts)
3. The poorly worded media name for the law that bans candidacy after not winning a party primary
Thu Jul 26, 2018, 02:57 PM
Jul 2018

is unconstitutional and meant only to protect Republican interests.

onenote

(42,610 posts)
7. Can you point me to a case that holds a "sore loser" law unconstitutional
Thu Jul 26, 2018, 05:23 PM
Jul 2018

Because, despite what you say in your post, all I can find are cases in which constitutional challenges to such laws have been rejected by the courts (including the Supreme Court in Storer v. Brown).

Thanks.

Fred Sanders

(23,946 posts)
8. Storer involved a 1 year prior party affiliation, not 90 days, and was part of a larger "election
Thu Jul 26, 2018, 06:09 PM
Jul 2018

integrity package" that also applied the one year rule to party affiliated candidates.

The idea is candidates make early plans to be independents or have party affiliation and contest primaries in those parties. The 90 day rule is targeting anybody not winning a party primary and then banning them from being an independent by any pathway.

I think the facts and the disputed laws are distinguishable and Storer is not binding.

Besides, SCOTUS seems not much included towards precedent these days.

Latest Discussions»Latest Breaking News»West Virginia officials d...