Thursday, August 28, 2008

Rules Must Bend to Allow McCain, Obama on Texas Ballot with Barr


Republicans and Democrats clearly miss Texas deadline

Though Texas election law sets an Aug. 26 deadline for political parties to file their candidates for president and vice-president, John McCain and Barack Obama must work around the law to get on the ballot alongside Libertarian presidential candidate Bob Barr.

"Agents of the GOP are twisting the law to have Bob Barr thrown off the ballot in Pennsylvania," says Russell Verney, campaign manager for Barr and a former campaign manager for Ross Perot, "while the law has to be twisted for them to get on the ballot in Texas. Rules are rules, except when they inconvenience those who make them."

According to Texas Election Code § 192.031 , a political party is allowed to have their candidates on the ballot if "the names of the party's nominees for president and vice-president" are submitted before "5 p.m. of the 70th day before" the presidential election.

Given that neither the Republican Party nor the Democratic Party nominated a candidate before Aug. 26, it would be impossible for either party to file under Texas law.

"Third parties are never given second chances when it comes to getting on the ballot," says Verney. "And third parties are often thrown off the ballot for the most minor infractions of ballot access laws. In Texas, we have a clear deadline that was not met by the Republicans and Democrats, but it is all but certain that some way, some how, the establishment candidates will find a way on the ballot. Some people are just above the law."

A spokesperson for the Texas Secretary of State's Office claims that both parties "filed something" on time, despite the fact that neither party had nominated a candidate by the deadline as required by Texas law.

"We agree that unreasonably early deadlines are absurd," says Verney. "We've run into them in states like Oklahoma, West Virginia and Maine during our fight for ballot access across the nation. But if third parties are required to adhere to the law, then we expect the same for the candidates of any other party. Maybe this will show Republicans and Democrats what it is like to be on the wrong side of ballot access laws."

Libertarian Party presidential candidate Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003.

The Libertarian Party is America's third largest political party, founded in 1971 as an alternative to the two main political parties. You can find more information on the Libertarian Party by visiting www.LP.org. The Libertarian Party proudly stands for smaller government, lower taxes and more freedom.

Please send comments to the Texas Secretary of State at: secretary@sos.state.tx.us

General: (512) 463-5770 Fax: (512) 475-2761

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