Thursday, August 28, 2008

Obama, McCain Fail to Make Texas Ballot

The two major party candidates for president, Democrat Barack Obama and Republican John McCain, will not appear on the election ballot in Texas this year.

That is, of course, unless Texas ignores the clear violation of the law by both parties. The relevant section of the Texas code can be found here.

Texas, with 34 electoral college votes, is a dependable Republican state and is crucial to McCain's chances to be elected president. (This may be embarrassing for Obama but it is not nearly so consequential.)

Libertarian candidate Bob Barr is the only presidential candidate whose name will be on Texas ballot this year, according to the Texas secretary of state. His was the only campaign that fully complied with the law by submitting a sufficient number of petition signatures by the statutory filing deadline.

Richard Winger reports in Ballot Access News:

Section 192.031 of the Texas election code says that political parties must certify their presidential and vice-presidential candidates for the November ballot no later than 70 days before the general election. It says, “A political party is entitled to have the names of its nominees for president and vice-president placed on the ballot if 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 the name’s of the party’s nominees for president and vice-president.”

This year, that deadline is August 26. UPDATE: At 2:30 pm Texas time, August 27, Kim Kizer of the Texas Secretary of State’s elections division says neither major party’s certification has been received in the Elections Division. The Executive Office of the Secretary of State refers all questions back to the Elections Division.

This year, neither the Democratic Party nor the Republican Party obeyed this law. See this link to the Secretary of State’s web page showing a blank for the Republicans and Democrats for president. It does show Bob Barr on the ballot; scroll down a little bit. If the Republicans have indeed filed, one wonders who they listed for vice-president, and why their filing is missing from the state web page.

Since the major parties do not even obey their own rules (Democrats, for example, seated the Florida and Michigan delegations at this year's convention even though both states ostentatiously flouted the party's rules about holding early primaries), they will probably find some compliant judge to allow their candidates on the ballot.

Of course, when a minor party misses a deadline like this, the Democrats and Republicans insist on strict adherence to the law. Republicans and Democrats write the laws, then maneuver themselves into exemption; all others must obey.

9 comments:

Leslie Carbone said...

Of course, they'll ignore the law. Democrats gave up any pretense of respect for the Rule of Law decades ago, with Republicans eagerly padding along behind them.

Anonymous said...

As of present, it appears that Barack Obama and John McCain are both on the Texas ballot. Bob Barr can now go back to not winning any state in the general election.

Rick Sincere said...

If both parties have their candidates listed, those names have been put there illegally.

The Republican column on the Secretary of State's web site shows "John McCain/Sarah Palin," which is telling because Palin has not yet been nominated and, since Texas law does not allow substitutions after the paperwork has been filed, this would indicate that Texas elections officials knew in advance of Palin's selection as McCain's running mate.

This situation is ripe for a lawsuit. Republicans and Democrats should not be able to violate the laws that they impose on everyone else.

greg said...

hypocrisy will win the day! both parties will illegally be on the texas ballot, and no one will care. wake up people! these 2 parties are corrupt and are leading us down a path of mayhem and destruction. stop supporting these crooks, stop voting for them! once they have your vote they no longer have to listen to you and do what they want! vote 3rd party or write in your own name, anything but democrats or republicans! do it before you no longer have the choice!!! 2 parties is 1 party away from a dictatorship...

Kos said...

Did you copy/paste this section of the TX code? '"...the party’s state chair signs and delivers to the secretary of state a written certification of the name’s of the party’s nominees for president and vice-president.”'

They had "name's," not "names"? Mighty unprofessional.

As for the repub and dem candidates appearing on the TX ballot, I fervently hope they don't. They clearly did not make the deadline. If they DO appear on it, the Libertarian party will raise holy hell and I'm going to help them.

Anonymous said...

They will appear, and I agree with the poster who said Bob barr can now continue to lose every state in the general.

Anonymous said...

Ok, so they missed the deadline. But if they are not on there, then that means Texans don't get to vote on the 2 major candidates who are running, one of which is GOING to be president. It's not like Barr is going to win with only 34 electoral college votes. And whose going to vote for him anyway, I've never even heard of him.

MaverickFAIL.com said...

They ended up finding a loop hole. McCain Failed at the election though and still lost.....

Arizona foreclosures said...

This situation is ripe for a lawsuit. Republicans and Democrats should not be able to violate the laws that they impose on everyone else.
Texas