Barr Tries to Kick McCain, Obama Off Texas Ballot
by FOXNews.com
Wednesday, September 17, 2008
Libertarian Party presidential candidate Bob Barr has filed a lawsuit in Texas demanding John McCain and Barack Obama be removed from the ballot, saying they missed the official filing deadline.
Texas law requires that written certification of the party’s nominees be delivered before 5 p.m. of the 70th day before Election Day. This year, the deadline fell on Aug. 26.
Barr’s campaign contends that because neither candidate had been nominated by the official filing deadline, it was impossible for them to file under Texas law.
“The seriousness of this issue is self-evident,” reads the lawsuit, which was filed Tuesday. “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.”
Barr, a former Republican congressman from Georgia, is expected to press his case Thursday at the Texas Supreme Court. It is the campaign’s first legal action accusing the major-party candidates of not qualifying to run in a state. The campaign is not planning to file lawsuits in other states, a Barr spokesman said.
Neither Obama nor McCain’s campaign would comment on the suit, but the office of Texas Secretary of State Esperanza “Hope” Andrade said it certified the Nov. 4 general election ballot on Sept. 3.
“We are confident that the ballot was certified properly and that Texans will have the opportunity to select the qualified candidate of their choice,” Andrade spokeswoman Ashley Burton said in a written statement to FOXNews.com.
“Wrong,” Barr campaign spokesman Steve Sinton said. “We’re right. They’re wrong. It’s not like these dates sneaked up on these guys. They knew the filing deadline.”
Barr’s petition also accuses the Democratic Party of falsely claiming that Obama had been nominated hours before he actually was.
“The facts of the case are not in dispute,” Barr campaign manager Russell Verney said. “Republicans and Democrats missed the deadline, but were still allowed on the ballot.
“Third parties are not allowed on the ballot for missing deadlines, as was the case for our campaign in West Virginia, yet the Texas secretary of state’s office believes Republicans and Democrats to be above the law.”
Pat Dixon of the Texas Libertarian Party, said the party was not seeking media attention with the lawsuit.
“All we’re doing is asking the secretary of state to obey Texas law,” he said.
http://elections.foxnews.com/2008/09/17/barr-tries-to-kick-mccain-obama-off-texas-ballot/Just a little conversation grenade
