A third-party run for Nikki Haley with No Labels could face legal limits

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CHARLESTON, South Carolina — Former U.S. Ambassador to the United Nations Nikki Haley rejected speculation that she would join a third-party presidential ticket with No Labels.

But even if Haley reneged and teamed up with No Labels after her path to the White House became considerably difficult after losing South Carolina’s GOP primary on Saturday to former President Donald Trump, an independent run faces legal hurdles that would severely limit a path forward to the White House.

The fifth straight primary loss for Haley on Saturday has curtailed much of the momentum for her primary challenge against Trump. A major supporter of Haley, the Koch-backed Americans for Prosperity Action, announced it is pausing financial support of Haley’s campaign in a memo on Sunday.

No Labels’s founding chairman and national political director, Joe Cunningham, suggested on Sunday that Haley was someone the group was “interested” in a potential independent 2024 ticket for after other possible contenders, including Sen. Joe Manchin (D-WV), Sen. Mitt Romney (R-UT), and former Republican Maryland Gov. Larry Hogan all passed on running for president with No Labels.

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“We’re looking for great quality people and folks that have broad appeal to independents, Democrats, Republicans. And, yeah, I mean, Nikki Haley’s somebody we’d definitely be interested in,” Cunningham said on Fox & Friends Sunday.

The comments came after Haley lost her home state to Trump by 20 percentage points and remained defiant that she would keep running through Super Tuesday on March 5.

“I said earlier this week that no matter what happens in South Carolina, I would continue to run for president. I’m a woman of my word,” Haley said Saturday at her election night party at the Charleston Place. “I’m not giving up this fight when a majority of Americans disapprove of both Donald Trump and Joe Biden.”

A supporter claps as Republican presidential candidate and former U.N. Ambassador Nikki Haley addresses a campaign event, Sunday, Feb. 25, 2024, in Troy, Michigan. (AP Photo/Carlos Osorio)

Former White House press secretary for President George W. Bush Ari Fleischer was among those who thought Haley was a good fit for No Labels given her appeal to independents and Democrats who are voting for her in an anti-Trump move.

Yet Haley’s campaign rebuffed overtures from No Labels in a statement to the Washington Examiner.

“Nikki has no interest in No Labels. She’s perfectly happy with the Republican label,” said Olivia Perez-Cubas, a Haley spokeswoman.

Haley’s path forward could also be blocked by “sore loser laws” that prohibit candidates from appearing on general election ballots on a different party than the one they originally ran for president with during the primary. Most states, 47, have some form of the law enacted.

South Carolina, for example, is a state that would block Haley from the ballot if she ran as an independent or a non-Republican ticket after she lost the GOP primary. Other key states that will determine which candidate wins the November election, such as Michigan, Ohio, Georgia, and Pennsylvania, bar a candidate from switching political parties if they have previously lost a presidential primary on a different ticket.

Some critics argue that “sore loser laws” do not apply to a presidential election but the decision would ultimately have to come from the Supreme Court, which has little time to decide before November.

“No Labels is looking at the constitutionality of various ‘sore loser laws’ across the country, and other upcoming court cases could also clarify the legality of these laws. No Labels will be watching these developments closely as we consider the path ahead,” said No Labels chief strategist Ryan Clancy in a statement to the Washington Examiner.

No Labels is seeking access to the ballot in all 50 states and currently has access to 14 state ballots. But the group claims it will unveil more of its plans to run a “unity” ticket after Super Tuesday.

Trump is on track to become the presumptive GOP nominee sometime in mid-March to face off against President Joe Biden.

A Gallup poll from October showed support for a third party at 63% among U.S. adults as the dissatisfaction with Trump and Biden continues to grow. Notably, 58% of Republicans supported a third party, up from 45% a year ago.

Several voters in battleground Michigan were skeptical of how effective a third-party ticket would be given the difficulty needed to gain access to the ballot.

“As far as the No Labels and unity ticket measure, maybe it could take away like neocon conservative Republicans and maybe like 5% of Democrats, but Joe Biden’s not gonna get hurt the most,” said Kyle Schimeck, 26, a Sterling Heights, Michigan, high school history teacher. “I honestly don’t think Trump will get hurt that much, but it would be interesting.”

“Third parties historically have not been successful,” said Keyon Green, 49, a quality assurance manager who lives in Pontiac, Michigan. “It’d be a shame if she didn’t get the nomination. But I’m team Nikki though.”

“I think the No Labels effort is short-sighted because it will, if they’re interested in preserving our democracy, they will almost definitely throw the election to Donald Trump,” said Robert Schwartz, a PrimaryPower executive director. “Because the people that are committed to democracy would peel off and vote for Nikki Haley instead of Joe Biden. And so the other thing is they have been a horrendous failure in terms of getting serious candidates to run.”

No Labels founding Chairman and former Sen. Joe Lieberman speaks about the 2024 election at National Press Club, in Washington, Thursday, Jan. 18, 2024. (AP Photo/Jose Luis Magana) ,

Haley’s most enthusiastic supporters laud her resistance to exit the primary race and have encouraged her GOP primary campaign to continue.

Elizabeth Scott, 64, a Columbus, Ohio volunteer with “Women for Nikki,” was among supporters at Haley’s election party in Charleston who want the former governor to continue her GOP primary bid.

“We need to have a choice, and we need to have a much better choice … than just Trump and Biden,” Scott said after Haley had given a concession speech.

“We need her to keep fighting. Americans deserve a real choice,” added Rachel Geilenfeld, 40, state chairwoman of “Women for Nikki” in Iowa. “We deserve to turn the page beyond this chaos.”

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National Republican strategist Brian Seitchik disputed rumors of Haley joining a No Labels, claiming it would ruin Haley’s political future.

“I believe that Nikki Haley aspires to have a future in the Republican Party, and even flirting with No Labels or any third party would absolutely end that opportunity for her in 2028 or beyond,” Seitchik said.

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