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DEL.ICIO.USBarr loses first round in fight to keep Obama and McCain off the Texas ballot
The Atlanta Journal-Constitution
Libertarian presidential candidate Bob Barr has lost the first clash in his strange Texas fight to keep John McCain and Barack Obama off the ballot in that state.
Campaign manager Russ Verney put out word this afternoon that the Barr campaign’s request for an emergency stay, to block the mailing of ballots to overseas military personnel, has been rejected.
The Texas attorney general successfully argued that an order to halt the shipping of ballots would violate the voting rights of those in the armed services.
Barr contends that the Democratic and Republican nominees are disqualified from appearing on the Texas ballot because they missed the state’s Aug. 26 deadline to certify candidates. Obama was not formally named the Democratic candidate until an Aug. 27 vote in Denver. McCain claimed the Republican nomination on Sept. 3 in St. Paul.
Barr, who was kept off the West Virginia ballot because of a missed deadline, says turnabout is fair play.
The news media has been tentative with this story, uncertain whether the Barr lawsuit is a legal move with profound implications — Texas has 34 electoral votes — or another wispy courtroom sideshow.
But the Dallas Morning News on Thursday had these paragraphs:
The Supreme Court has refused to dismiss the case outright and has asked all parties to file their response to the lawsuit by Monday.
Part of the legal basis for the suit is Bush vs. Gore, by which the U.S. Supreme Court held that “the clearly expressed intent of the legislature must prevail,” and that election laws must be uniformly applied and interpreted.
“Sound familiar Mr. Bush? Sound familiar Republicans?” Mr. Barr said, adding that the state law is unambiguous.
“The Libertarian Party like other parties and independent candidates always face a struggle to get on the ballot and are sometimes excluded from the ballot for the most minor of details,” said state party chairman Patrick Dixon. “We may not like the rules, but we have to play by them.”
Meanwhile, Republicans in Pennsylvania have decided to appeal a judge’s decision last week that permitted Barr to remain on the ballot in that state.
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Comments
By ESR
September 19, 2008 3:16 PM | Link to this
Bob Barr is a sad joke.
By tom
September 19, 2008 3:20 PM | Link to this
McCain would be forced to push for a write in campaign, which are rarely successful. Libertarians have a good foothold in Texas and would become both vindicated and energized. It is possible that Obama would come up short of 270, possible even getting 269 votes (NM,CO but not OH, NH, or NV). This would leave it to the new congress to decide.
By J Wilkinson
September 19, 2008 3:25 PM | Link to this
Our two party system is the sad joke. Texas election law was violated, plain and simple, and it seems quite likely that the Republicrats will win in their efforts to ignore the law. Bob Barr is not the Libertarian I would want, but his point is completely true.
By Rich
September 19, 2008 3:53 PM | Link to this
Barr and The LP’s problem is that they don’t see that the the Ds and Rs are the ruling class. Barr, now as an LP member is no longer part of that ruling class. He is now a peasant like the rest of us. Hail the imperial rulers, death to those that dare speak ill of them. The sad part is how some people do not realize what I say it the truth and like idiots, you vote to keep this ruling class in power, ever year falling for the BS how one is ever so slightly better than the other.. Only a fool would vote for a D or an R. Yes only a fool or someone that likes being a slave.
By AFH
September 19, 2008 4:19 PM | Link to this
As a Libertarian I have seen election after election spent with our minority candidate unable to do any electioneering because they have to fight so hard to be treated equally for ballot access.
Here, the law in Texas has clearly been broken by the schill for the Republican-Democrat duopoloy put in charge of elections.
Thank goodness Bob Barr is there to throw light on this disgraceful and corrupt aspect of our election system.
ALIVE * FREE * HAPPY Libertarian
By AFH
September 19, 2008 4:24 PM | Link to this
As a Libertarian I have seen election after election spent with our minority candidate unable to do any electioneering because they have to fight so hard to be treated equally for ballot access.
Here, the law in Texas has clearly been broken by the schill for the Republican-Democrat duopoloy put in charge of elections.
Thank goodness Bob Barr is there to throw light on this disgraceful and corrupt aspect of our election system.
ALIVE * FREE * HAPPY Libertarian
By Spivey
September 19, 2008 4:24 PM | Link to this
I was told by a journalist that this would get some publicity but would end up making Libertarians look silly. Silly? Like the GOP filing suit to keep Barr off the ballot (and winning) in PA for late filings. Silly? Like the Democrats suing to keep Nader off the ballot for also filing late.
I agree with the snarky Rich - if you’re in the ruling class, you’re free to use the ‘rule of law’ as your hollow motto… And if not, then you’re supposed to be seen as ‘silly’ and the rule of law is thrown out to make room for the ‘rule of whatever our GOP Attorney General feels is right’. I say ‘Go Barr!!”
By Uli Pele
September 19, 2008 4:27 PM | Link to this
When was the Texas deadline set? So level the playing field and let Barr on the Va. ballot, for all I care!
tom: since Obama is going to win the popular vote, and many states suspect a coattails and the congress already has gone far more dem, I think Obama would still win in your fantasy scenario.
pelerising dot blogspot
By Uli Pele
September 19, 2008 4:29 PM | Link to this
When was the Texas deadline set? So level the playing field and let Barr on the Va. ballot, for all I care!
tom: since Obama is going to win the popular vote, and many states suspect a coattails and the congress already has gone far more dem, I think Obama would still win in your fantasy scenario.
pelerising dot blogspot
By AFH
September 19, 2008 4:33 PM | Link to this
As a Libertarian I have seen election after election spent with our minority candidate unable to do any electioneering because they have to fight so hard to be treated equally for ballot access.
Here, the law in Texas has clearly been broken by the schill for the Republican-Democrat duopoloy put in charge of elections.
Thank goodness Bob Barr is there to throw light on this disgraceful and corrupt aspect of our election system.
ALIVE * FREE * HAPPY Libertarian
By Eric
September 19, 2008 4:45 PM | Link to this
So R’s and D’s don’t have to obey election laws…?
It seems that after all the finger wagging about corrupt Third World Elections, the USA is far more like the Third World than we care to think.
By ROS
September 19, 2008 4:52 PM | Link to this
In my 44 years I’ve seen election law in this country trampled time and time again. Now Bob Barr presents a black-and-white case, and I feel confident that it will be thrown out the window completely - citizens can’t even BUY an honest election in this country.
So let’s assume that Barr is successful - what happens to the votes cast by our troops? They’ll just be thrown out if McCain and Obama aren’t on the final ballot? I doubt it.
Hold onto your hats, folks. It only goes downhill from here.
By SouthernTransplant
September 19, 2008 5:25 PM | Link to this
I, an open minded Republican, believe that the law should be followed. If the deadline was missed, shame on both parties for not paying attention to the state of Texas.
With that being said, I have just read elsewhere on the web that the state of Florida and the state of Texas require that in order for someone to win an election they must have registered. Even if the person that wins the election is a write in candidate. If this is indeed true, I believe that it limits the rights of individual voters to vote for the person they feel can do the best job. The Texas courts need to seriously look at this situation. I do know that they should not bend the law for ANYONE. The law is the law; but they should look at changing the requirement for write in candidates so that Texas voters actually have a real choice during elections.
By mogwai
September 20, 2008 8:25 AM | Link to this
Government follow the laws it creates? Specifically a texas government where Bush hails from? This secretary of state person is obviously above the law along with all his satan buddies. I’m surprised it hasn’t been tossed out of court yet but maybe the judge is just waiting for a bigger hand out.
By Steve
September 20, 2008 7:41 PM | Link to this
The judges are all appointed by Republicrats, therefore, it’s no surprise that this case will just be thrown out of court. The rules only apply to those who aren’t making the rules. A quote from Animal Farm sums it up handily: “…But some are more equal than others.”
By Nolan P.
September 20, 2008 9:43 PM | Link to this
Gotta give Barr praise. Ralph is backing him up all the way, as are other third parties and supporters.
The hypocrisy is not surprising by these two elite parties.
Everyone should call their news stations and provide them this “tip”. McCain and Obama not eligible for the Texas ballot? They might be a write-in candidate like (and you throw in the name) Ralph Nader…?
Good luck Barr. And to you Libertarians!! This would be one sweet and empowering victory!!!
Nader/Gonzalez ‘08 “People Fighting Back”
By Nolan P.
September 20, 2008 9:43 PM | Link to this
Gotta give Barr praise. Ralph is backing him up all the way, as are other third parties and supporters.
The hypocrisy is not surprising by these two elite parties.
Everyone should call their news stations and provide them this “tip”. McCain and Obama not eligible for the Texas ballot? They might be a write-in candidate like (and you throw in the name) Ralph Nader…?
Good luck Barr. And to you Libertarians!! This would be one sweet and empowering victory!!!
Nader/Gonzalez ‘08 “People Fighting Back”
By Copyleft
September 22, 2008 12:05 PM | Link to this
I would never vote for Barr and want nothing to do with the Libertarian party…
but I LOVE this challenge to the arrogant two-party dominance!
By MPM
September 22, 2008 12:31 PM | Link to this
Actually Tom a write in campaign is impossible because in Texas you have to be a qualified, pre-certified write-in candidate for your votes to count, and the deadline for that has come and gone as well without McCain or Obama filing.
I supposed the two major parties couldn’t possible imagine that one would want to enforce the law because it’s the just thing to do and not because of political reasons. Barr has a strong case here.
By mikebellman
September 22, 2008 1:00 PM | Link to this
And what country can preserve its liberties, if it’s rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two?* The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. * It is its natural manure - *Thomas Jefferson, November 13, 1787
By Republican for Barr
September 22, 2008 9:23 PM | Link to this
Hooray Bob Barr! This is a clear-cut case of Texas election law being violated. It’s a shame the media scoffs at covering this situation, because it’s a real problem- the Texas Sec of State is allowing Dems and Reps to flagrantly skirt the law. Yet if Barr had been late filing as the D&R’s were, he’d have been off the ballot and there’d have been nothing he could do about it.
I’m ashamed of the Republican Party’s spendthrift ways. They spend spend spend and let the economy go to heck, while they worry endlessly about nonsense like gay marriage. It’s time for a change. Even though Barr will never win, Republicans who defect to the LP ticket this year will send a clear message to the GOP that we’ve had enough of their nonsense… and they’d better get back on the wagon.
By Roger
September 27, 2008 11:26 PM | Link to this
Yes! Appeal to the U.S. supreme court. This is a great story and any newspaper man worth his salt should be covering it. Every T.V. network worth its salt should be covering this story. Look! The emporer has no clothes.