Only four states maintain that their “sore loser” laws apply to president: South Dakota, Mississippi, Ohio and Texas. After LaRouche won in court against Ohio in 1992, Ohio amended its “sore loser” law in 1993 to specifically apply to presidential candidates. No precedents have been set in Mississippi or South Dakota. In Texas, unfortunately, in 1996 the Constitution Party filed a lawsuit against Texas to get a ruling that the “sore loser” law doesn’t apply to president. The federal judge who got the case, James Nowlin, refused to enjoin Texas’ interpretation that the “sore loser” law does apply to president. The denial of injunctive relief is reported as US Taxpayers Party v Garza, 924 F Supp 71 (1996).
However, the opinion does not discuss the fact that the true candidates in November are running for presidential elector, not president. A presidential candidate’s name is not listed on the November ballot in his or her role as a candidate. Instead, the name is an identifier for specific slates of candidates for presidential elector.
Since Congress has repeatedly recognized that presidential electors may vote for anyone who holds the constitutional qualifications to be president (by always counting the votes for so-called “faithless electors”, except in 1872 when some electors voted for Horace Greeley even though he was deceased), it seems plain that no state can tell a slate of presidential electors that they cannot label themselves with the name of anyone they intend to vote for. Furthermore, the U.S. Supreme Court said in Anderson v Celebrezze that a single state has a lesser state interest in blocking a presidential candidate from its ballot than from blocking candidates for other office. Since the overwhelming majority of states permit “sore loser” presidential candidates, it is likely that a court in the future would not uphold Texas’ interpretation.