FYI
Bob Barr Files Suit in Texas to Remove McCain, Obama from Ballot
Suit alleges that McCain, Obama knowingly missed filing deadlines
Atlanta, GA - Bob Barr, the Libertarian Party's nominee for president, has filed a lawsuit in Texas demanding Senators John McCain and Barack Obama be removed from the ballot after they missed the official filing deadline.
"The seriousness of this issue is self-evident," the lawsuit states. "The hubris of the major parties has risen to such a level that they do not believe that the election laws of the State of Texas apply to them."
Texas election code ยง192.031 requires that the "written certification" of the "party's nominees" be delivered "before 5 p.m. of the 70th day before election day." Because neither candidate had been nominated by the official filing deadline, the Barr campaign argues it was impossible for the candidates to file under state law.
"Supreme Court justices should recognize that their responsibility is to apply the law as passed by the Legislature, and the law is clear that the candidates cannot be certified on the ballot if their filings are late," says Drew Shirley, a local attorney for the Barr campaign, who is also a Libertarian candidate for the Texas Supreme Court.
A 2006 Texas Supreme Court decision ruled that state laws "does not allow political parties or candidates to ignore statutory deadlines."
Orrin Grover, attorney for Bob Barr and Wayne Root, said that he believes that the Texas Secretary of State is bound by Texas law to remove the Republican and Democratic nominees from the November ballot. "Either we have rules and deadlines, or we do not," Grover said.
The Chairman of the Texas Libertarian Party, Pat Dixon stated, "Libertarian principles require personal responsibility for your acts and failures. Obama and McCain failed to meet the deadlines. They must follow the law like everyone else."
The petition also alleges that the Democratic Party's late presidential filing falsely claimed under oath that Senator Obama had been nominated hours before the nomination actually occurred.
"The facts of the case are not in dispute," says Russell Verney, manager of the Barr campaign. "Republicans and Democrats missed the deadline, but were still allowed on the ballot. Third parties are not allowed on the ballot for missing deadlines, as was the case for our campaign in West Virginia, yet the Texas secretary of state's office believes Republicans and Democrats to be above the law."
Barr will be holding a press conference this Thursday at the Texas Supreme Court at 11:00 a.m.
Libertarian Party presidential candidate Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003.
This information was mailed to me by the Barr/Root campaign.No you know.
The Appalachianist
4 Comments:
Well it would stand to reason, wouldn't it, that if you miss the deadline to get on the ballot that you should not be allowed on the ballot. It seems simple enough. I mean, they all got "people" to keep track of that kind of stuff, right?
With that point made, I have little doubt that they will both be on the ballot in Texas. I could be surprised, but I doubt it. My only question would be a) what tortured logic will be employed to justify putting them on the ballot anyway, or b) will they bother to justify it at all?
Surely even Texas would not be foolish enough to allow one major candidate on the ballot and not the other, would they? Well, they could be. And don't call me Shirley.
We might as well take them off the ballot in TX--personally, I think we should bar anyone from TX from serving as President after the last two from that state (W and LBJ)
Gee, Bob, I think you just blew any chance of serving in the McCain administration. :-)
Ed, you would think so. I couldn't beleive the news when I heard it. How could someone miss that?
Sage, not to beat up on anyone, but, you're right, both have left us some bitter legacies. Unintended consequences, I suppose.
Gunner, I think that was already an issue when McCain tried knocking Bob off the ballot in Pennsylvania.
Everyone, I feel this recent quote from Bill Lind puts it in light:
"America has a one-party system. That party is the Establishment Party, and its internal disagreements are minor. Both McCain and Obama are Establishment Party candidates."
This is kind of a big deal, and are you hearing about it? You heard about Hillary and Obama fighting over the casino vote, you heard about Florida and Michigan...Not this?
Oh, and it appears it will be a McCain administration.
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