[EL] Ohio's sore loser law

[Jon Sherman]

Without commenting on the 17 year-old voter primary voter case, I did think
I should note that Ohio's current sore loser statute clearly includes
presidential primary candidates. I'm not sure when it was amended but I
don't think there's any question that it would keep Donald Trump off the
ballot as an independent candidate. *See* Ohio Rev. Code Ann. § 3513.04:

No person who seeks party nomination for an office or position at a primary
election by declaration of candidacy or by declaration of intent to be a
write-in candidate and *no person who is a first choice for president of
candidates seeking election as delegates and alternates to the national
conventions of the different major political parties who are chosen by
direct vote of the electors* as provided in this chapter shall be permitted
to become a candidate by nominating petition, including a nominating
petition filed undersection 3517.012 of the Revised Code, by declaration of
intent to be a write-in candidate, or by filling a vacancy under section
3513.31 of the Revised Code at the following general election for any
office other than the office of member of the state board of education,
office of member of a city, local, or exempted village board of education,
office of member of a governing board of an educational service center, or
office of township trustee.

I take it the statute used to only reference a "declaration of candidacy"
(prompting Richard's argument) but the statute appears to have been
changed.

On Wed, Mar 9, 2016 at 12:06 PM, Rick Hasen <rhasen at law.uci.edu> wrote:
>
> “Sanders lawsuit: Ohio official changed law to block 17-year-olds from
> voting” <http://electionlawblog.org/?p=80682>
> Posted on March 9, 2016 7:35 am <http://electionlawblog.org/?p=80682> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> CNN
> <http://www.cnn.com/2016/03/08/politics/bernie-sanders-lawsuit-ohio-teenage-voters/>
> :
>
> Bernie Sanders’ campaign on Tuesday sued Ohio Secretary of State Jon
> Husted, accusing the Republican of quietly changing a law in an effort to
> block 17-year-olds from voting in the state’s presidential primary next
> week.
>
> Husted, however, insisted that there had been no change in the law.
>
> You can read the complaint here
> <https://berniesanders.com/wp-content/uploads/2016/03/Bernie2016vHusted.pdf>
> .
>
> Richard Winger
> <http://ballot-access.org/2016/03/08/bernie-sanders-campaign-sues-ohio-over-restrictive-interpretation-of-law-allowing-17-year-olds-to-vote-in-primaries/>
> :
>
> The Secretary of State believes that the law does not apply to
> presidential primaries, because presidential primaries are really elections
> for Delegate to national conventions. However, the Secretary’s stance on
> this contradicts what he has told the press about whether the Ohio sore
> loser law and the Ohio law on affiliation of independent candidates apply
> to presidential primaries.
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D80682&title=%26%238220%3BSanders%20lawsuit%3A%20Ohio%20official%20changed%20law%20to%20block%2017-year-olds%20from%20voting%26%238221%3B&description=>
> Posted in campaigns <http://electionlawblog.org/?cat=59>, voting
> <http://electionlawblog.org/?cat=31>
>
>
-- 
Jon Sherman
Counsel
Fair Elections Legal Network <http://www.fairelectionsnetwork.com/>*
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Washington, D.C. 20006
Phone: (202) 248-5346
jsherman at fairelectionsnetwork.com
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