Libertarian Party v. Johnson
905 F. Supp. 2d 751
E.D. Mich.2012Background
- Gary Johnson sought Libertarian ballot access in Michigan for the 2012 general election after losing the February 2012 Republican presidential primary; the Michigan sore loser statute (MCL 168.695) bars a candidate who appears on a primary ballot for one party from running as a nominee of another party in the following general election.
- Johnson’s campaign asked to be recognized as a Republican candidate in Michigan's primary; Secretary of State Ruth Johnson gave notice and Johnson failed to timely file an affidavit to withdraw by the deadline.
- Johnson appeared on the Republican primary ballot; he did not win the nomination and did not timely remove his name from the ballot.
- In May 2012, the Michigan Libertarian Party nominated Gary Johnson as its presidential candidate, and the LPM sought to place his name on the November 2012 ballot as the Libertarian nominee.
- The Secretary of State refused to place Johnson’s name on the Libertarian ticket under the sore loser statute; plaintiffs (Johnson, the Libertarian Party of Michigan, and Rockman-Moon) sought to invalidate the statute as applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the sore loser statute apply to presidential candidates as applied to Johnson? | Johnson | Johnson | Yes; statute applies to presidential candidates. |
| Is Michigan’s sore loser statute constitutional as applied to Johnson under First/Fourteenth Amendment scrutiny? | Statute burden is severe and unconstitutional | Statute is a reasonable, nondiscriminatory restriction | Statute imposes a non-severe burden; constitutional as applied. |
| What level of scrutiny governs review of sore loser statutes in this context? | Strict scrutiny should apply | Less-than-strict scrutiny suffices given modest burden | Not strict scrutiny; burden is not severe; intermediate/lesser scrutiny applies. |
| Should the case be dismissed and Johnson’s summary judgment denied based on pleadings and record? | Plaintiffs seek relief invalidating statute | Statute constitutional as applied; dismissal appropriate | Dismissal granted; summary judgment denied. |
Key Cases Cited
- Storer v. Brown, 415 U.S. 724 (1974) (sore-loser and disaffiliation contexts; ballot integrity interests; standing principles discussed)
- Anderson v. Celebrezze, 460 U.S. 780 (1983) (general framework for evaluating election-law burdens on rights; independent of equal protection)
- Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997) (burden on party access; strict scrutiny not required for fusion bans; weight of interests suffices)
- Clingman v. Beaver, 544 U.S. 581 (2005) (semi-closed primary; sore-loser rationale; burden not severe; important state interests)