If Paul fails to win the Republican presidential nomination, he could then seek the Libertarian nomination (which he would be virtually certain to obtain) and run in November as the Libertarian nominee. John Anderson established the precedent in most states that “sore loser” laws do not apply to presidential candidates. John Anderson ran in two-thirds of the 1980 Republican presidential primaries, and he also won a place on the November 1980 ballots as an independent candidate in all 50 states. In some of the states in which Anderson happened not to run in the 1980 Republican presidential primary, there is still a precedent that “sore loser” laws don’t apply to president, because others set such precedents. These include Lyndon LaRouche (who ran in Democratic primaries and then as an independent in 1984, 1988 and 1992) and David Duke (who ran in Democratic presidential primaries in 1988 and then ran in November 1988 as the Populist Party nominee).
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).