Libertarian Party & Bob Barr file suit in Texas alleging Obama/McCain illegally on ballots

arnisador

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And the sheeple will go 'bah' and go back to watching 'Friends' or 'Survivor'.

Most of the sheeple who can vote are members of one or the other of those parties and will be happy it's been made easy for them. Your point will be entirely lost on them.

It would certainly be amusing if it stuck.
 

Empty Hands

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So, it's ok for the majority to ignore the law then.

No one said it's OK, but it will happen. The partisans on both sides will find sweet, sweet justifications to salve their consciences (if they have one) while the mushy middle will be extremely unlikely to care, in the even more unlikely event that they notice in the first place.
 

Empty Hands

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The Texas reps to Electoral College will do what they want.

Yes, but who those reps are is determined by the popular vote. Each party has its own slate of electors that will be appointed if and when they win the vote.
 
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Press Releases › Rules Must Bend to Allow McCain, Obama on Texas Ballot with Barr

August 28, 2008 11:45 am EST

Atlanta, GA - Though Texas election law sets an Aug. 26 deadline for political parties to file their candidates for president and vice-president, John McCain and Barack Obama must work around the law to get on the ballot alongside Libertarian presidential candidate Bob Barr.

"Agents of the GOP are twisting the law to have Bob Barr thrown off the ballot in Pennsylvania," says Russell Verney, campaign manager for Barr and a former campaign manager for Ross Perot, "while the law has to be twisted for them to get on the ballot in Texas. Rules are rules, except when they inconvenience those who make them."

According to Texas Election Code § 192.031 , a political party is allowed to have their candidates on the ballot if "the names of the party's nominees for president and vice-president" are submitted before "5 p.m. of the 70th day before" the presidential election.

Given that neither the Republican Party nor the Democratic Party nominated a candidate before Aug. 26, it would be impossible for either party to file under Texas law.

"Third parties are never given second chances when it comes to getting on the ballot," says Verney. "And third parties are often thrown off the ballot for the most minor infractions of ballot access laws. In Texas, we have a clear deadline that was not met by the Republicans and Democrats, but it is all but certain that some way, some how, the establishment candidates will find a way on the ballot. Some people are just above the law."

A spokesperson for the Texas Secretary of State's Office claims that both parties "filed something" on time, despite the fact that neither party had nominated a candidate by the deadline as required by Texas law.

"We agree that unreasonably early deadlines are absurd," says Verney. "We've run into them in states like Oklahoma, West Virginia and Maine during our fight for ballot access across the nation. But if third parties are required to adhere to the law, then we expect the same for the candidates of any other party. Maybe this will show Republicans and Democrats what it is like to be on the wrong side of ballot access laws."

Libertarian Party presidential candidate Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003.
 
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As expected, both parties are now on the ballot, because a spokeswoman for the Texas Secretary of State’s office stated that, “Upon further checking, both parties filed before the deadline. We expect their amended filings after both parties finish their nominating process at the conventions.”

Little more on the hypocracy
http://campaign.blog.bobbarr2008.com/2008/08/29/bob-barr-the-lone-star-candidate/
 

arnisador

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Welcome to the world of politics.

Why has Texas not just changed its law to match what's actually happening?
 
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More on this
http://www.ballot-access.org/2008/0...as-deadline-to-certify-presidential-nominees/
At 2:30 pm Texas time, August 27, Kim Kizer of the Texas Secretary of State’s elections division says neither major party’s certification has been received in the Elections Division.

This article is a good read, detailing how the major parties have moved these deadlines around to accomidate themselves.
This year, the Texas Libertarian Party and Bob Barr are the only ballot-listed presidential candidates on the Texas ballot, so the Texas Libertarian Party could, if it wished, bring a lawsuit. However, the result of the lawsuit would probably be to get the deadline declared unconstitutional; no court would order that Obama and McCain be kept off the ballot.

Also, http://blog.bobbarr2008.com/2008/08/29/bobs-busy-week/
We also learned that McCain and Obama had not filed paperwork on time to be added to the general election ballot in Texas, which would make Bob the only presidential candidate on the ballot in the Lone Star State. Texas law is very clear on the criteria that candidates must file 70 days before the general election, this includes Republicans and Democrats.

As of 2:30pm on August 27th, the day after the deadline, election officials verified that neither Barack Obama or John McCain had filed. Somehow, very mysteriously, officials later said that both campaigns had “filed something” by the August 26th deadline.


http://www.ballot-access.org/2008/08/30/escape-hatch-for-texas-democrats-republicans/
Looks to indicate a legal way to get them on the ballot, though it seems to only apply to them, not 3rd parties.
there are two Texas Supreme Court decisions that say that candidates should not suffer the loss of ballot access due to the mistakes of state party officials. The cases are Davis v Taylor, 930 SW 2d 581, and Bird v Rothstein, 930 SW 2d 586. The first case put a Republican nominee for State Court of Appeals Justice on the November ballot; the second one put a Democratic nominee for state house on the November ballot.
If they fail to file the form, but the party later submits a petition and nominates candidates, the candidates ought to be able to use the Davis and Bird precedents, along with any precedent created this year to help John McCain and Barack Obama, to avoid suffering any consequences for the failure to file the form. This policy also raises equal protection problems for the state, relative to independent candidates. In 2004, Ralph Nader submitted his independent presidential petition two weeks late. He submitted it on the more lenient deadline for minor party petitions, but the federal courts upheld the earlier deadline and kept Nader off the ballot.
 
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Looks like the Democrats at least really were late as their own notarized documents show. Also, the Republican's still haven't filled the proper documents. The Barr campaign is threatening legal action should Obama and McCain's names remain illegally on the Texas ballot.

In Texas, the evidence is clear . . .
September 4th, 2008 by Shane Cory

This evening I received a response from the Texas Secretary of State’s office to my request for the certification papers of both John McCain and Barack Obama.

The certification deadline which passed at 5 p.m. on August 26th – before the nomination of Barack Obama and even before John McCain selected a running mate – was clearly missed by both major party candidates.

Our campaign manager, Russell Verney, transmitted a letter to the Secretary of State’s office this evening after we obtained the documents which you can view here.

In the letter, we made our stance clear:

The Democratic Party, and Mr. Obama and the Republican Party and Mr. McCain blatantly ignored the Texas statutory deadline.

Therefore, the Libertarian candidate for president, Bob Barr, as represented by his principal campaign committee, Bob Barr 2008, demands that your office keep the names of Barack Obama, Joe Biden, John McCain and Sarah Palin off the Texas general election ballot.

Failure of the Secretary of State to comply with Texas law will result in serious legal consequences.

Please take a look at the attachments linked above, give us a hand in getting this story out.
 

arnisador

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I'm glad he's pushing the matter on principle. Texans will see John McCain and Barack Obama on their ballots though, even if they have to have a Texas Ranger at every polling site. (Which would mean appointing a whole lot more of them...)
 
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Why can't they be write-in's like the law requires? Certainly that is what anyone else who missed the deadlines is told. To be a write-in I mean.
 

arnisador

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Because of the huge amount of extra work it'd create for the state? It's not Texas' fault, after all, nor their citizens.

I'll have a good laugh if they're kept off, but it isn't the right thing to do.
 
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What's the point of having the law then?
After all, the big-2 wrote the laws for their own benefit to make it harder for the 3rd parties to gain momentum.
You're right, it is alot of work, it's not Texas's fault, nor the citizens.
It is however the law, which should apply -equally-.
If they allow this, they should also allow any other parties that missed those same deadlines but who are otherwise within the law.

Won't happen though. Greens and Constitutionists are still write in's.
 

celtic_crippler

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Because of the huge amount of extra work it'd create for the state? It's not Texas' fault, after all, nor their citizens.

I'll have a good laugh if they're kept off, but it isn't the right thing to do.

Sorry bro, but I have to call BS on that...It IS THE RIGHT THING TO DO. Why? Because it's the law.

The law only works when applied to everyone equally regardless.

Law loses respect and legitamacy when it's not applied to everyone. The Dems and the GOP deserve no special consideration. No one should be "above the law."
 

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Another possible outcome is that Demicrats and Republicans get on the ballot, Libertarians sue and Texas has to change the law that hurts the other parties. Of course that means Texas will have to add yet another amendment to the state constitution.
 

arnisador

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What's the point of having the law then?
After all, the big-2 wrote the laws for their own benefit to make it harder for the 3rd parties to gain momentum.

Absolutely! It's a scam and they can't even follow the scam they set up for themselves. What's the point of having the law? I don't know--I presume it's for the logistical benefit of the State of Texas.

While it'd be satisfying to see the two big parties screwed on this, a lot of Texas voters would also be on the receiving end of that screw-job. Just think of the delays as every cowpoke in Texas has to ask the senior citizens working the booth how to fill out a write-in ballot. Who are you really punishing here?

Sorry bro, but I have to call BS on that...It IS THE RIGHT THING TO DO. Why? Because it's the law.

Eh...I am not familiar with this syllogism.

Law loses respect and legitamacy when it's not applied to everyone. The Dems and the GOP deserve no special consideration. No one should be "above the law."
On the one hand I agree...on the other hand, the two biggest parties, that garner 90+% of the vote, may indeed deserve some special consideration. It's not about being fair to them. This is a democracy. It's about being fair to the voters. That has to be the biggest consideration.
 

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It's also a matter of simple common sense. You know they'll be a Republican and a Democrat on the ballot. These parties did not officially know who the candidates were going to be until the convention.
 

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