Skip to content
Mark Caleb Smith /

Sore Loser Laws, Explained

Forty-seven states impose restrictions on political candidates who lost a primary election, but how they would apply in a presidential election is not always clear.
Republican Presidential Candidate Nikki Haley Campaigns In New Hampshire
People listen as Republican presidential candidate and former U.N. Ambassador Nikki Haley speaks during a campaign event on January 22, 2024, in Salem, New Hampshire. (Photo by Joe Raedle/Getty Images)

Donald Trump made noise in 2015 about running as an independent if he failed to clinch the Republican presidential nomination. This year, some have speculated that Nikki Haley could jump into the general election field with the gang at No Labels and mount a third party run against Trump and President Joe Biden.

So-called “sore loser laws” make such threats—if the goal is to win the presidency—highly unlikely. But if the goal is to spoil the election for others, there are more meaningful possibilities.

What are sore loser laws?

Sometimes known as “sour grapes” laws, sore loser restrictions keep failed primary election candidates, for local, state, and federal offices, from appearing on general election ballots—either as independents or with another party. Their rationale is that candidates should only get one shot per election cycle at a political office, meaning that if they take it and miss during the primary season they have to wait for another cycle.

Mark Caleb Smith is dean of the School of Arts & Humanities and professor of political science at Cedarville University in Cedarville, Ohio.

Please note that we at The Dispatch hold ourselves, our work, and our commenters to a higher standard than other places on the internet. We welcome comments that foster genuine debate or discussion—including comments critical of us or our work—but responses that include ad hominem attacks on fellow Dispatch members or are intended to stoke fear and anger may be moderated.

With your membership, you only have the ability to comment on The Morning Dispatch articles. Consider upgrading to join the conversation everywhere.

More We Think You’d Like