'Sore loser' bill bars candidates who falter in primaries to run write-in campaigns

MADISON – Candidates who lose partisan primaries would not be able to register for a general election write-in bid under a proposal introduced by two Republican lawmakers.

"A candidate should make a choice to run as a write-in candidate. It should not be allowed as a back-up plan for an unsuccessful bid for a party nomination," the bill's authors wrote in a memo seeking co-sponsors.

The legislation, introduced Friday by Sen. Van Wanggaard, R-Racine, and Rep. John Macco, R-Ledgeview, would stipulate that "no candidate losing in the partisan primary may file a registration statement to have write-in votes for the candidate counted in the general election."

Wisconsin law requires that a write-in candidate must register as such in order to have votes counted on their behalf. That would remain the case under the bill, but the candidate could not do so if they had run in the partisan primary.

The bill's authors say it would close a loophole and adhere to the spirit of existing state law, which bars candidates from running in more than one partisan primary at the same time. Many states have some sort of "sore loser" law on the books.

"Elections should be orderly, efficient, equitable, and simple. Leaving the door open for unnecessary confusion risks compromising the integrity of our elections and the confidence of the electorate," Wanggaard and Macco wrote.

The proposal comes about a year after two GOP candidates for the state Assembly ran — and lost — as write-ins after losing their respective primaries.

Dean Neubert ran as a write-in for the Assembly's 6th District after finishing second among six Republicans in the August 2022 primary — with the backing of the Republican Party of Shawano County. The seat was open following the retirement of GOP Rep. Gary Tauchen. Neubert argued the winner of the primary — and ultimately the general election — Rep. Peter Schmidt, R-Bonduel, had hidden his previous criminal conviction.

Schmidt was charged with a felony but later convicted of criminal trespassing, a Class A misdemeanor, and disorderly conduct, a Class B misdemeanor, after an incident in which a worker on Schmidt's farm was choked in 2019. Schmidt pleaded no contest and was found guilty in 2021.

A court sentenced him to two years of probation and ordered him to participate in an anger-management program. Schmidt has since said he is "a changed man who's devoted to (his) Christian faith, farming and working to help others."

He won the general election with 68.1% of the vote.

More notably, Assembly Speaker Robin Vos, R-Rochester, faced a write-in challenge from primary loser Adam Steen, in the race for the 63rd Assembly District.

Vos easily held onto his seat with three-quarters of the general election vote, securing a 10th term. Steen, who narrowly lost to Vos in the August 2022 primary, had campaigned on decertifying the 2020 presidential election with the backing of former President Donald Trump.

The bill's co-sponsorship memo cited the U.S. Supreme Court's 1974 ruling in Storer v. Brown, which barred a candidate from running as an independent if they had been registered with a political party within the 12 months ahead of the primary election:

“The State’s general policy is to have contending forces within the party employ the primary campaign and primary election to finally settle their differences. The general election ballot is reserved for major struggles; it is not a forum for continuing intra-party feuds … The people, it is hoped, are presented with understandable choices and the winner in the general election with sufficient support to govern effectively.”

Jessie Opoien can be reached at jessie.opoien@jrn.com.

THANK YOU: Subscribers' support makes this work possible. Help us share the knowledge by buying a gift subscription.

DOWNLOAD THE APP: Get the latest news, sports and more

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin bill bars losers in primary elections to run as write-ins