Topic: Bob Barr
Barr Fights for Texas This battle could mean big things for the Libertarian Partyby RS Davis
(libertarian)
Tuesday, September 2, 2008
If you are a regular reader of The Freedom Files blog, you may remember the FF I wrote last week called Bob Barr Wins Texas, in which I relayed some news from Ballot Access News that indicated the Democrats and Republicans had failed to certify their candidates by the 70 day deadline.
192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ONBALLOT.
A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:
(1) the nominees possess the qualifications for those offices prescribed by federal law; (2) before 5 p.m. of the 70th day before presidential election day, the party's state chair signs and delivers to the secretary of state a written certification of:
(A) the names of the party's nominees for president and vice-president; and (B) the names and residence addresses of presidential elector candidates nominated by the party, in a number equal to the number of presidential electors that federal law allocates to this state; and
(3) the party is:
(A) required or authorized by Subchapter A of Chapter 172 to make its nominations by primary election; or (B) entitled to have the names of its nominees placed on the general election ballot under Chapter 181.
Since then, the two monopoly parties, who think they can miss deadlines because a place on the ballot is their birthright, have been placed on the ballot, without explanation.
I had hoped at the time that the Barr campaign wouldn't just walk away with their head hung low, but fight this. It is a great opportunity to show those dinosaurs that they can't just do whatever they want, and could be an historic development for the Libertarian Party.
Well, I have just received information from a Libertarian Party insider that the Barr campaign is trying to sue to have McCain and Obama removed from the ballot. The State Libertarian Executive Committee is currently voting on it, and according to my source, only need one more vote in the affirmative to proceed with this lawsuit.
They must hurry, because the last time this happened, it was thrown out because the lawsuit wasn't filed in a timely manner. But this could be huge for Barr and the Libertarian Party, as a de facto win in Texas would mean he's at the 15% mark that is required for inclusion in the national debates.
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"Third, it does not allow political parties or candidates to ignore statutory deadlines; it allows candidates only the time that the Election Code was designed to give them."
Why does the Secretary of State need this "early" deadline?
Keep in mind this 70 day limit is used for all offices not just the president.
Texas has the following offices being contested
15 Justices 7 court of apeals cheif justices 150 State Representatives 15 State Senators 7 members state board of education 3 judges, criminal court of apeals 2 justices of the supreme court 1 chief justice of the supreme court 1 rail road commisioner 32 us representatives 1 us senator 1 us president
For a total of 235 positions open. Texas might have changed the deadline to make it easier to get all of those offices ballots ready with the correct ones for each precinct.Early voting starts October 20th. So there are only 55 Days for the texas SOS to prepare and distribute the ballots. Now does texas do a mailing like we do here in California? It is starting to look to me that 70 Days is a very short time period.
Is the Texas Secretary of State going to let the dead line slip for all offices?
Also, early voting starts October 20th. So there are only 55 Days for the texas SOS to prepare and distribute the ballots. Now does texas do a mailing like we do here in California? It is starting to look to me that 70 Days is a very short time period.
Posted By: David F. Nolan
Date: 2008-09-06 23:58:47
I asked Richard Winger, the world's leading authority on ballot access, about this, and here's what he told me:
"There is no chance McCain or Obama will be kept off the Texas ballot. The Texas Supreme Court has ruled 4 times that errors like this should be overlooked."
It appears to me that the Barr campaign is simply using this situation as a "hook" for raising money. That's not necessarily a bad thing, but I think that's all it is.
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