pudge's Journal: Primary Preferences and Nominations

When the Supreme Court decision in favor of the "Top Two" primary came out, which allows anyone to designate themselves a Republican or Democrat in the primary, I humbly suggested a somewhat crazy idea:

About names. Why not create a new party, called "Republican Nominee"? That is the name of the new party. And if someone who is not the actual nominee of the party uses that name, well, they are falsely claiming to be the nominee. Now the confusion argument that Roberts, Alito, and Thomas said wasn't obvious, is perfectly obvious. So not only could I-872 be overturned on such grounds, but anyone not the nominee who uses that designation could be sued for misrepresentation.

Normally, you couldn't have a party called "Republican Nominee," because the Republican Party would sue over the confusion. But in this case, obviously, the party would choose to allow it, since it would be used for their benefit.

Apparently, the Washington State Republican Party is doing this, in the nomination system they approved last week:

Authority to Use the Name "GOP Nominee." Only candidates who shall have been nominated pursuant to these rules shall be authorized by the Republican Party to designate themselves as GOP Nominees or have Party approval to appear on the election ballot or in other election documents using the designation "GOP Nominee."

Cross-posted on <pudge/*>.

So, you almost have to copyright your party

[smittyoneeach]

...nominee symbol, just to avoid 1st Ammendment collisions from random people?
I think that the court of public opinion would crush someone handily for getting too cute that way.

Re:

[pudge]

...nominee symbol, just to avoid 1st Ammendment collisions from random people?

It's already trademarked. The SCOTUS has ruled you cannot stop someone from declaring a preference for your party, but a "party preference" that says "Republican Nominee" is not a mere statement of a party preference, so someone else using it would be misrepresenting the Republican Party and breaking the law. It's one thing to say in public "I prefer Sony," but it's another to say "I am endorsed by Sony."

I think that the court of public opinion would crush someone handily for getting too cute that way.

I doubt it.

In Brazil...

[John Harrison]

Many politicians in Brazil go by a nickname. Take for example their current president who goes by the stately moniker of Lula.

So on the ballot you get to list two names: your legal name and your nickname.

Another aspect of elections in Brazil is compulsory voting. In order to have your equivalent of a social security card be valid you must vote. But if you don't want to vote for anyone you can mark your ballot as "Branco" or blank.

So in the mid 90's some guy running for the legislature caused a big stink

Re:

[pudge]

So on the ballot you get to list two names: your legal name and your nickname.

I know that is far more common in Brazil, but it is not uncommon here, too: people having nicknames on the ballot.

Another aspect of elections in Brazil is compulsory voting. In order to have your equivalent of a social security card be valid you must vote.

Interesting idea. I hate the idea of compulsory voting, but voting to get something from government is a different story. Problem is that it is the classes who most benefit from socliast policies who are then most compelled to vote, and my "more wealthy"/"less poor" friends who ALSO don't want to vote -- but when they do, vote against socialism -- won't be so compelled.

But if you don't want to vote for anyone you can mark your ballot as "Branco" or blank.

So in the mid 90's some guy running for the legislature caused a big stink by claiming that his nickname was Branco. You can imagine the confusion this might cause.

That's great. A few