PRESS RELEASE from Barr '08
[Ed.
Note: On Sept. 23,
2008, the Texas Supreme Court issued an order stating simply that "the
petition for writ of mandamus is denied"].
For Immediate Release - Sept. 17, 2008
Bob Barr Files Suit in Texas to Remove McCain, Obama from Ballot
Suit alleges that McCain, Obama knowingly missed filing deadlines
Atlanta, GA - Bob Barr, the Libertarian Party’s nominee for president, has filed a lawsuit in Texas demanding Senators John McCain and Barack Obama be removed from the ballot after they missed the official filing deadline.
“The seriousness of this issue is self-evident,” the lawsuit states. “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.”
Texas election code §192.031 requires that the “written certification” of the “party’s nominees” be delivered “before 5 p.m. of the 70th day before election day.” Because neither candidate had been nominated by the official filing deadline, the Barr campaign argues it was impossible for the candidates to file under state law.
“Supreme Court justices should recognize that their responsibility is to apply the law as passed by the Legislature, and the law is clear that the candidates cannot be certified on the ballot if their filings are late,” says Drew Shirley, a local attorney for the Barr campaign, who is also a Libertarian candidate for the Texas Supreme Court.
A 2006 Texas Supreme Court decision ruled that state laws “does not allow political parties or candidates to ignore statutory deadlines.”
Orrin Grover, attorney for Bob Barr and Wayne Root, said that he believes that the Texas Secretary of State is bound by Texas law to remove the Republican and Democratic nominees from the November ballot. “Either we have rules and deadlines, or we do not,” Grover said.
The Chairman of the Texas Libertarian Party, Pat Dixon stated, “Libertarian principles require personal responsibility for your acts and failures. Obama and McCain failed to meet the deadlines. They must follow the law like everyone else.”
The petition also alleges that the Democratic Party’s late presidential filing falsely claimed under oath that Senator Obama had been nominated hours before the nomination actually occurred.
“The facts of the case are not in dispute,” says Russell Verney, manager of the Barr campaign. “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.”
Barr will be holding a press conference this Thursday at the Texas Supreme Court at 11:00 a.m.
Libertarian Party presidential candidate Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003.
PRESS
RELEASE from the Libertarian Party
Wednesday, August 27, 2008
Republicans, Democrats miss deadline to file presidential candidates in Texas
Bob Barr is slated to be the only presidential candidate on the ballot in Texas after Republicans and Democrats missed the Aug. 26 deadline to file in the state.
"Unless the state of Texas violates its own election laws, Congressman Barr will be the only presidential candidate on the ballot," says Russell Verney, campaign manager for the Barr Campaign and the former campaign manager for Ross Perot. "Texas law makes no exceptions for missing deadlines."
The Texas Secretary of State Web site shows only Bob Barr as the official candidate for president in Texas.
"We know all about deadlines," says Verney. "We are up against them constantly in our fight to get on the ballot across the nation. When we miss deadlines, we get no second chances. This is a great example of how unreasonable deadlines chill democracy."
"Republicans and Democrats make certain that third party candidates are held to ballot access laws, no matter how absurd or unreasonable," says Verney. "Therefore, Republicans and Democrats should be held to the same standards."
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.