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Barr Files Suit To Remove Obama And McCain From Texas Ballot
Austin American Statesman ^ | 9/16/08 | scott shepard

Posted on 09/16/2008 4:43:54 PM PDT by pissant

Libertarian presidential nominee Bob Barr’s campaign filed suit Tuesday seeking to remove Republican John McCain and Democrat Barack Obama from the ballot in Texas, alleging that the two major candidates missed the deadline for officially filing to be on the ballot.

The lawsuit by the former Republican congressman from Georgia claims that neither McCain nor Obama met the requirement of Texas law that all candidates provide “written certification” of their nomination “before 5 p.m. on the 70th day before election day” because neither had been formally nominated by their respective parties in time.

That would have been Aug. 25. Obama did not accept his party’s nomination until Aug. 28, McCain his on Sept. 4.

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.”

Pat Dixon, chairman of the Texas Libertarian Party, issued a statement saying, “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.”

(Excerpt) Read more at statesman.com ...


TOPICS: Crime/Corruption; Front Page News; Politics/Elections; US: Texas
KEYWORDS: aclu; bobbarr; electionpresident; judiciary; lawsuit; libertarianparty; lp; mccain; mccainpalin; obama; obamabiden; patdixon; pathetic; professionalspoilers; sideshowbob; texasballot; thirdparty; tx2008
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To: AmericaUnited

If they filed the correct paperwork, then why has the Texas Sec of State office admitted they didn’t, but that they are going to be allowed an “amendment” to their erroneous filing?


141 posted on 09/17/2008 5:16:43 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: mnehrling; SecAmndmt
Sorta like how Senator John McCain stood up there at the convention and pronounced the Rule of Law as important, and Judicial Activism as a negative...and then goes and tramples the rule of law by supporting a Judicial Activism path around the Texas statutes (the Sec. of State says they are using case law [Judicial Activism] to get around the statute).

...and it means that Obama can now make changes to his ticket, and we can get Obama/Clinton in there.

142 posted on 09/17/2008 5:23:07 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Anitius Severinus Boethius; EternalVigilance
Texas Secretary of State Spokeswoman Ashley Burton verified this earlier this month.

Yes...she pointed out that the parties had filed but not correctly, according to statute...but that the Sec. of State would use case law to argue that it could ignore the statute and make up its own rules and allow an "amendment"...which sorta violates the whole idea of having a very black-and-white, clear deadline stated in the statute.

Even a student newspaper gets it...

Burton said all three candidates will be on the ballot in November and that past case law allows parties to file paperwork, called amended filings, after the deadline to update their entries for the ballot.

According to the Texas Election Code, a party must file before the 70th day to have the candidate's name on the ballot.

Burton said no lawyers were available to explain the past case law that allows parties to amend their paperwork.
And none since, I guess.

As was posted before, the candidate for VICE-PRESIDENT must also be on there, so the GOP's own words show they didn't qualify, since they said they filed immediately after Sen. McCain's nomination.


I don't recommend this technique for Vegas..."Now that the ball has fallen, and the wheel has stopped, I'm going to amend my bet and go with RED."

143 posted on 09/17/2008 8:44:00 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Gondring
I don't recommend this technique for Vegas..."Now that the ball has fallen, and the wheel has stopped, I'm going to amend my bet and go with RED."

"You pays your money and you takes your chances."

Unless you're a "major" party. Then you pays someone else's money and the game is rigged on your behalf.

Rules? We don't need no steenkin' rules!

144 posted on 09/17/2008 11:06:07 PM PDT by EternalVigilance (Wise men beware the Bear.)
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To: SecAmndmt
So if the “technicality” of deadlines isn’t important, can we continue collecting signatures and get on the ballot after all? (...)

Fine with me!

I don't even think you should have to have signatures, since the Constitution Party is a legimate Political Party.

I think the signature requirement should be for individuals or very small fringe parties.

The Libertarian Party has rightfully fought against unnecessary rules that impede the people's right to vote for the candidate they want.

Every major Party's candidate should automatically be on the ballot of every State.

The silence is deafening.

The hypocrisy is nauseating.

145 posted on 09/18/2008 3:17:55 AM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: EternalVigilance
[Those are technical rules that have nothing to do with the rule of law.]

Oh really. How come they apply to my candidate and not yours? (For the record, Bob Barr is NOT my candidate.) Would you be saying that if only Barack Obama were affected by this? Be honest.

I believe every major Party candidate should automatically be represented on the ballot.

Ballot access has been used to drain precious resources from third parties.

I have always supported total automatic ballot access to ALL legitimate political parties.

So Barr's little stunt is going to cost the Libertarian Party in the future since it is a compromise of their principles, and they are suppose to be the Party of principle.

146 posted on 09/18/2008 3:25:44 AM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: Gondring
and it means that Obama can now make changes to his ticket, and we can get Obama/Clinton in there.

And why shouldn't they be allowed to do that also?

The only limits I would see on that is the actual ballots being printed with the names on them.

If the Party is willing to pay for any changes, why can't they be allowed to change the ticket?

I think many of these ballot rules are from the days when changes couldn't be made quickly.

147 posted on 09/18/2008 3:36:32 AM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: fortheDeclaration
I think many of these ballot rules are from the days when changes couldn't be made quickly.

Actually, it was recently that the legislature increased the length of advance notice required.

Recall that we also haved absentee ballots, too.

Now, do you think it would be a nice fair thing, if the whole campaign were run with Biden in there, and then the day before, the Obama camp quietly files an "amendmed notification" that allows them to put "Clinton" on all of the ballots the night before (if we get to all electronic toyuch screens)?

But it's good to see you argue Bob Barr's point.

148 posted on 09/18/2008 5:17:40 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: spodefly

The nature of our political system is that it is essentially a two party system at the moment, so of course joining a party with almost no chance of successful election attracts nutjobs; Libertarians won 14 elections total in 2007. If the political landscape were rearranged into an effective mult-party system, the Republicans and Democrats that lean libertarian would join the Libertarians, and the party would become more moderate, and less ‘insane’.


149 posted on 09/18/2008 5:37:24 AM PDT by amchugh (large and largely disgruntled)
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To: fortheDeclaration
not by appealing to the courts to enforce some arcane law.

So you want the courts to legislate from the bench against this?

150 posted on 09/18/2008 5:39:46 AM PDT by amchugh (large and largely disgruntled)
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To: fortheDeclaration

The only problem is that this isn’t the matter at issue. The matter at issue is that minor parties are not receiving equal protection of the laws. “Major” parties are, as usual, being favored. They are treated one way, and so-called “minor” parties are treated another.


151 posted on 09/18/2008 5:58:13 AM PDT by EternalVigilance (Wise men beware the Bear.)
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To: EternalVigilance
The only problem is that this isn’t the matter at issue. The matter at issue is that minor parties are not receiving equal protection of the laws. “Major” parties are, as usual, being favored. They are treated one way, and so-called “minor” parties are treated another.

If you are trying to be the 'Party of Principle', you don't do what the other Parties are doing.

152 posted on 09/18/2008 10:10:28 PM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: fortheDeclaration

Well, I guess that leaves out the GOP, then.


153 posted on 09/18/2008 10:14:23 PM PDT by EternalVigilance (Wise men beware the Bear.)
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To: amchugh
So you want the courts to legislate from the bench against this?

I am sure that the Legislative will be able to get something passed quick enough to make sure that nothing comes of this.

The Libertarian Party has sold its soul for a mess of pottage.

154 posted on 09/18/2008 10:16:59 PM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: Gondring
[Ithink many of these ballot rules are from the days when changes couldn't be made quickly.]

Actually, it was recently that the legislature increased the length of advance notice required.

So?

Recall that we also haved absentee ballots, too.

And those would have to be taken into account as well, given the time element.

Now, do you think it would be a nice fair thing, if the whole campaign were run with Biden in there, and then the day before, the Obama camp quietly files an "amendmed notification" that allows them to put "Clinton" on all of the ballots the night before (if we get to all electronic toyuch screens)?

And who would care?

You must have Hillaryphobia.

But it's good to see you argue Bob Barr's point.

Barr doesn't have a point, but being associated with the ACLU has corrupted his thinking.

155 posted on 09/18/2008 10:22:29 PM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: EternalVigilance
Well, I guess that leaves out the GOP, then.

Meaning?

Try actually winning an contested election and then talk about being a Political Party.

156 posted on 09/18/2008 10:24:27 PM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: pissant

Bob Barr made a mistake. He aligned himself with Obama. What happenned to him?


157 posted on 09/18/2008 10:29:17 PM PDT by BobS
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To: fortheDeclaration

Winning and being principled are not necessarily the same thing. I’m certain you know that.


158 posted on 09/18/2008 10:32:24 PM PDT by EternalVigilance (Wise men beware the Bear.)
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To: EternalVigilance
Winning and being principled are not necessarily the same thing. I’m certain you know that.

The Constitution Party has won a contested election.

And they just started!

You guys have been around for some 30 years without winning a single contested election.

Pathetic by any standards.

The only reason for your existance seems to serve as spoiler and get Democrats elected, a real plus for freedom.

Now with this recent stunt by Barr, the Libertarians cannot even claim to be Principled any longer.

159 posted on 09/18/2008 11:08:39 PM PDT by fortheDeclaration ('we don't make compromises-we make Marines')
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To: fortheDeclaration
So?

So?!?

So...it disproves your claim.

160 posted on 09/19/2008 3:41:23 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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