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/*>.