Sunday, April 14, 2024

Maybe it's time to expand Arizona's "Sore Loser" law

First up, a quick summary of that law.  From ARS 16-312 -

F. Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if any of the following applies:

1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322, withdrew from the primary election after a challenge was filed or was removed from or otherwise determined by court order to be ineligible for the primary election ballot.

4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.


From the Arizona Secretary of State's website -








According to Maricopa Superior Court records, David Alger is suing current LD8 State Representative Melody Hernandez, current Arizona Secretary of State Adrian Fontes, current Maricopa County Recorder Stephen Richer, and the Maricopa County Board of Supervisors (note: I live in LD8, hence my interest).

The case is scheduled for a status conference on 4/16 and Alger's challenge is scheduled to be heard on 4/18.

Election challenges are as old as elections themselves, and so are failed candidates.

In 2020, Alger was a write in candidate in the R primary in then LD24 -




He was trounced in the general election that year -




In 2018, he was on the ballot, both for the R primary and the general election.

He was the only candidate in the R primary and was thoroughly defeated in the general.








Maybe it's time to expand Arizona's to not allow failed candidates to legally challenge other candidates.

Of course, the judge is this case may find his legal filings entertaining - if that judge likes filings that can be summed up with the word "Wahhh!"

Edited on 4/15 to add:

Challenges to legislative and statewide candidates are heard  in Maricopa County Superior Court.  Maricopa County is home of the state capital.  Challenges to municipal- and county-specific candidates will be heard locally.

/End edit


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