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1 Robert Timothy Reagan, et al., Sore Loser on Ballot 1 (2018)

handle is hein.congcourts/fjcslblt0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Sore Loser on Ballot 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 mo- tion 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 dis- missed on the merits. In 2013, the court of appeals agreed. Subject: Getting on the ballot. Topics: Getting on the ballot; intervention; laches. On June 25, 2012, the Libertarian candidate for President filed a federal complaint in the Eastern District of Michigan, seeking an injunction placing him on the general election ballot.' He alleged that his missing by three minutes the deadline to withdraw his name from the Republican primary ballot and improper enforcement of Michigan's sore loser statute by Michi- gan's secretary of state would deprive him of his place on the ballot.2 The party and its chair also were plaintiffs.' The secretary filed a motion to dismiss the complaint on July 31.' Two days later, the plaintiffs filed a motion for summary judgment.' On August 19, the plaintiffs filed a motion to expedite summary judgment.6 Ten days later, Judge Paul D. Borman set a telephone conference for the following day.' Judge Borman then decided to hear the pending motions on September 6.8 1. Complaint, Libertarian Party of Mich. v. Johnson, No. 2:12-cv-12782 (E.D. Mich. June 25, 2012), D.E. 1. 2. Id. at 3-7; see Mich. Comp. Laws § 168.695 (No person whose name was printed or placed on the primary ballots or voting machines as a candidate for nomination on the pri- mary ballots of 1 political party shall be eligible as a candidate of any other political party at the election following that primary.); see also Libertarian Party of Mich. v. Johnson, 714 F.3d 929, 930 (6th Cir. 2013); Libertarian Party of Mich. v. Johnson, 905 F. Supp. 2d 751, 755 (E.D. Mich. 2012) (Gary Johnson never challenged, or took any legal action to reverse the Secretary of State's decision refusing his untimely request to remove his name from the Michigan primary ballot as a Republican party presidential candidate.). 3. Complaint, supra note 1, at 1-3. 4. Motion to Dismiss, Libertarian Party of Mich., No. 2:12-cv-12782 (E.D. Mich. July 31, 2012), D.E. 4. 5. Summary Judgment Motion, id. (Aug. 2, 2012), D.E. 6. 6. Motion to Expedite, id. (Aug. 19, 2012), D.E. 9. 7. Transcript, id. (Aug. 30, 2012, filed Sept. 4, 2012), D.E. 18; Docket Sheet, id. (June 25, 2012). Federal Judicial Center 9/16/2018 1

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