Wednesday, August 27, 2008

McCain And Obama Miss Ballot Deadline In Texas

This could become one of the biggest snafus in modern presidential election history. Both Sen. John McCain and Sen. Barack Obama missed the state filing deadline in Texas, the nation's second largest state, to have their names placed on the ballot. Texas state law requires each party to certify their general election candidate no later than 70 days before the general election, which was August 27, 2008. This same thing occurred in Indiana in 1988, but the Election Commission allowed the parties to certify their candidates anyway. A lawsuit was filed and went up to the 7th Circuit, which held that the plaintiff had not timely filed her suit, indicating that if she had filed it timely, she may have prevailed. See Fulani v Hogsett, 917 F 2d 1028 (1990). Libertarian Bob Barr is the only candidate who met the deadline in Texas. It is hard to imagine there won't be a remedy fashioned in Texas, but the Democrats have no incentive to do so. Without Texas, McCain has no chance of winning in November.

Big hat tip to Shofar.

9 comments:

Bart Lies said...

http://startelegram.typepad.com/politex/2008/08/on-the-texas-ba.html

"Texas Secretary of State spokesperson Ashley Burton said that upon further checking, "Both parties filed before the deadline. We expect their amended filings after both parties finish their nominating process at the conventions."

Advance Indiana said...

Neither party could have certified their candidate to the state before then because neither had been officially nominated by their party before the deadline. The article I link to points out that the deadline had been moved back a few years ago to take into account the later nominating convention for Bush. This year's convention is later than ever.

Vox Populi said...

I am going to keep my fingers crossed. Bob Barr could get electoral votes.

Honestly, the remedy is that the Texas legislature and Governor will change the date if necessary.

tarrandwoolley said...

That is kind of funny. I think there names will be placed on the Ballot, for some reason or another.

The REAL story here should be the fact that there are six other candidates running for President (albeit write-in) that we have not heard anything about from you, or the mainstream media:

Brian Moore/Stewart A. Alexander

Alan Keyes/Marvin Sprouse, Jr.

Ralph Nader/Matt Gonzalez

Cynthia McKinney/Rosa Clements

Jonathan Allen/Jeffrey D. Stath

Thaddaus Hill/Gordon F. Bailey

Sean Shepard said...

Unfortunately, this is definitely the kind of thing that would get fixed for Ds and/or Rs but not for an L.

Got an e-mail about this earleir but AI was the first BLOG I saw with it posted. My guess is that the "further checking" referenced by Bart Lies above did indeed correct the situation, but we'll see.

Mike Kole said...

The law is always strenuously applied to Libertarian candidates, but the Republicans and Democrats who make up elections boards tend to give their own a free pass.

Insert Animal Farm quote here.

Sean Shepard said...

Mike - Favorite quote:

All animals are equal.
Some animals are more equal than others.

And tarrandwooley -

Chuck Baldwin from the Constitution Party is also running.

Eclecticvibe said...

Did the Constitution Party file for a write-in candidacy in Texas? I don't see them listed on the SOS page ANYWHERE, write-in or not. I'd think they'd have a decent following in Texas, and I was surprised not to see them listed there.

Thogek said...

Updates and elaborations on this at
http://www.ballot-access.org/2008/08/27/democrats-republicans-miss-texas-deadline-to-certify-presidential-nominees/
http://www.ballot-access.org/2008/08/30/escape-hatch-for-texas-democrats-republicans/
http://www.ballot-access.org/2008/09/01/boston-tea-party-finds-way-to-test-texas-deadline-leniency/

It sounds like a lawsuit will be coming. http://campaign.blog.bobbarr2008.com/2008/09/04/in-texas-the-evidence-is-clear/ This is sure to get interesting, but will probably be downplayed by Demopublicans and media alike.

It seems (as it often does) that the Democratic and Republican Parties both believe that rules and law simply do not apply to them -- except when they can be used as blundgeons against other parties.