[Vigilanteman]

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.

Actually, if this is what the law says, Bob Barr is right. Third parties have been blocked for being on state ballots for more trivial reasons.

However, I think there are three possible answers to this suit:

1. Write-in campaign. More Texas Conservatives can spell McCain than Jackass Lieberals can spell Obama.
   
2. The candidates for office really aren't McCain, Obama and Barr anyway. They are a slate of electors.
   
3. Texas could propose a settlement whereby Barr drops the suit and the state agrees to make ballot requirements for third parties uniform with those of major parties. This would be a fair solution.

[eaglewing20]

Bob Barr would be right IF the candidates were not part of the big 2 parties. The section of the law that the Barr campaign is referencing is specific:

§ 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT. 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.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, § 203, eff. Sept. 1, 1997.

Amended by: Acts 2005, 79th Leg., Ch. 1109, § 21, eff. September 1, 2005.



And here's Section 181.005:

§ 181.005. QUALIFYING FOR PLACEMENT ON BALLOT BY PARTY REQUIRED TO NOMINATE BY CONVENTION. (a) To be entitled to have the names of its nominees placed on the general election ballot, a political party required to make nominations by convention must file with the secretary of state, not later than the 75th day after the date of the precinct conventions held under this chapter, lists of precinct convention participants indicating that the number of participants equals at least one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial general election. The lists must include each participant's residence address and voter registration number.

(b) A political party is entitled to have the names of its nominees placed on the ballot, without qualifying under Subsection (a), in each subsequent general election following a general election in which the party had a nominee for a statewide office who received a number of votes equal to at least five percent of the total number of votes received by all candidates for that office.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 472, § 48, eff. Sept. 1, 1987.

Further, Section 181.068 states:

§ 181.068. PARTY'S CERTIFICATION OF NOMINEES. (a) The presiding officer of each convention held under this chapter shall certify in writing for placement on the general election ballot the name and address of each candidate nominated by the convention.

(b) Not later than the 20th day after the date of the convention making the nomination, the presiding officer shall deliver the certification to:

(1) the authority responsible for having the official general election ballot prepared in the county, for certification of a county or precinct office; or

(2) the secretary of state, for certification of a statewide or district office.

(c) A presiding officer may not certify a candidate's name if, before delivering the certification, the presiding officer learns that the name is to be omitted from the ballot under Section 145.035.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.