Sorry, But You’re Not One of the Important Parties
Thursday, October 9th, 2008
When the Supreme Court of Texas gave the two major parties a pass for missing the filing deadline to appear on the presidential ballot, I doubted whether a third party candidate would have been given the same deference. In fact, the Texas Supreme Court didn’t even bother to issue an opinion on LP nominee Bob Barr’s claim. They just dismissed it out of hand.



As it turns out, the Libertarian Party missed the filing deadline in neighboring Louisiana because state offices were closed that week due to Hurricane Gustav. So the state gave the Barr campaign a break, right?

http://www.theagitator.com/2008/10/09/sorry-but-youre-not-one-of-the-important-parties/

Barr Gets Smacked Down

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The Texas Supreme Court makes a decision about Obama and McCain's right to be on the ballot after missing the deadline.
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by RS Davis
(Libertarian)
Thursday, September 25, 2008


If you've been following The Freedom Files, you know that Bob Barr has sued Texas to get John McCain and Barack Obama taken off the ballot. You see, according to Texas election code, they needed to file by August 25th.

McCain didn't certify until September 4th, Obama on August 28th, and yet they were still included on the ballot, in violation of election law.

Well, the verdict is in, and the court has rejected Mr Barr's lawsuit. Now, I can't say that I am completely surprised - we all expected the monopoly parties to keep their elite status and flout election law without consequence.

What I have been more interested to hear was what would be their reasoning for violating election law and allowing McCain and Obama to remain on the ballot.

My money was on the court saying it was "in the interest of democracy," but the most common defense I've heard for the monopoly candidates late filing is that, in accordance with Chapter 181 of the election code, if a party's candidate recieves 5% of the vote in the previous election, they are automatically afforded a spot on the ballot in the next election.

The only problem with that defense is that Chapter 181 doesn't apply to Democrats or Republicans because that chapter deals with political parties that nominate by convention, like the Libertarian Party.

The Democrats and Republicans nominate by a primary process, which puts them under Chapter 172 of the election code, which has no loophole for five percenters.

Parties falling under both chapters then move to chapter 192, which holds the requirement that they file at least 70 days before the general election.

So if Michael Badnarik had recieved 5% of the vote last time around, Bob Barr would not have had to have certified by August 25th, but regardless of their numbers, both of the monopoly parties are bound by that legal deadline.

But the court did not use that reasoning nor the "interest of democracy" reasoning. This is the entire summation of their decision:


THE SUPREME COURT OF TEXAS


Orders Pronounced September 23, 2008



MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:

08-0761 IN RE BOB BARR, WAYNE ALLEN ROOT, AND THE LIBERTARIAN PARTY OF TEXAS

That's it. No explanation. Just denied. Now if that isn't Big Government Hubris, I don't know what is. They know that people are so fully inculcated into the "two party system," no one would even question the verdict.

And those that did question it would find that no one else was listening.

I believe they were right.

Libertarians won’t appear on La. ballots

By BILL LODGE
Advocate staff writer
Published: Oct 8, 2008

The Libertarian Party’s presidential and vice presidential candidates will not be on the Nov. 4 ballot in Louisiana, the U.S. Supreme Court decided Tuesday.

“Obviously, we’re pleased that we will not have to reprint the presidential ballots, which already have been mailed to military and overseas voters,” Louisiana Secretary of State Jay Dardenne said in a written statement. “Reprinting would have resulted in confusion, increased expense to the taxpayers, a setback in the absentee-by-mail voting process, and potentially delayed election results,” Dardenne added.

The deadline for candidates’ filings was Sept. 2, but Hurricane Gustav closed state offices in Baton Rouge that week.

Dardenne re-opened his office Sept. 8 and declined to accept filings after 5 p.m.

The Libertarians filed paperwork for presidential candidate Bob Barr and vice presidential candidate Wayne Root on Sept. 10, the day Dardenne’s staff sent 76,000 absentee ballots to a printer.

U.S. District Judge James J. Brady ruled the Libertarian candidates would have to be added to the ballot because of the disruptions caused by Gustav.

The 5th U.S. Circuit Court of Appeals in New Orleans sided with Dardenne, concluding Libertarian officials should have made an effort to reach Dardenne’s office. A skeleton crew remained at the office the first week of September, according to court testimony.

The Libertarians appealed to the Supreme Court, which rejected that appeal Tuesday.

Yes well these politicans all are so arrogant...

Look at this self serving egomaniac in NY...Bloomberg...breaking term limits to run for a third term. I can't stand the guy...his switching party from DEM to REP to IND shows what a self serving jerk he is. Now he wants the city council to break election laws so he can run for mayor a thrid time when the people voted FOR term limits TWICE in NY.

THAT JUST MAKES ME MAD!!!!!!

I heard about Bloomberg, I think if he violates the law, then not only should he be rewarded with getting his a$$ handed to him at the polling place, but citizens should file charges against him as well.

We cannot be land of the free, when this kind of zoning off other voices is going on in our political process.

bar is on public tv now