This amusing story comes from 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.
Which should mean that, unless there is some exception they can take advantage of, neither John McCain nor Barack Obama would be on the ballot in Texas on Election Day.
The Barr Campaign has issued this press release:
Atlanta, GA - 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.”
In reality, I’m sure that some way will be found to get Obama and McCain on the ballot in Texas, either by court order or special legislative action. When that happens, though, it will give the Barr campaign a nice piece of ammunition to use as it fights off efforts to remove Barr from the ballot in states like Pennsylvania.
