This is just the latest example of how the equal protection of the law guarantee does not apply to all Americans in terms of election law. In Texas, Barr followed the letter of the law by filing on time. Apparently, the Republicans and Democrats did not. Of course, Barr does have recourse by filing suit in court to have McCain and Obama’s names pulled from the Texas ballot. Yea, good luck with that one! Placing the onus on Barr is both ridiculous and unjust. Texas should follow its own state laws in the first place. It should safeguard the public’s rights by investigating the secretary of state’s office and punishing her if she violated the law by placing McCain and Obama on the ballot illegally. It is unjust because in state after state for many years either Republican or Democratic Secretaries of State have thrown out minor party petitions for ballot access citing violations of state law or inadequate signature numbers.
It would be different if the major parties had to play by the same rules as the minor parties, but they do not. Most times, filing fees are higher, more signatures are required and more complicated paperwork must accompany minor party applications for ballot access. Minor parties have spent a fortune they do not have fighting these battles perpetrated by officials of the two major parties. At present, Barr is fighting at least six ballot access lawsuits – Pennsylvania, West Virginia, Massachusetts, New Hampshire, Oklahoma, and Maine. He entered the presidential race to run for the office not to battle unjust laws that keep him off the ballot.
Think about this. We have spent hundreds of billions of dollars fighting a war in Iraq to bring democracy to the Iraqi people. In their National Assembly elections in 2005 more than 20 parties participated with 12 gaining seats in the legislature. If U.S. taxpayer money can be used to guarantee the views of all people in another society be represented in their elections, is it too much to ask that the same thing be done in the U.S? How can we claim to be the beacon of democracy when minority voices are shut out through loopholes, chicanery and unjust rules?
Article comments
1 - Clavos
Not only should the Secretary of State be charged, tried, and if convicted under the law, punished, the Republicans and Democrats should also be prohibited from having their candidates' names on the ballot.
The loss of the not inconsiderable Texas electoral votes might just be an excellent object lesson for all politicians and party officials, nationwide.
And the voters of Texas, in traditional frontier fashion, should then tar and feather those party officials responsible for the oversight and run them out of the state on a rail.
2 - RJ Elliott
Well, looking at it pragmatically, if only Bob Barr is on the ballot, then Bob Barr will win the state. And this is a state that McCain would otherwise win handily in the general election.
If McCain is denied the 34 Electoral College votes of the solid-Red State of Texas, Obama is pretty much certain to win the election, even if that means it has to go to the House of Representatives (where Democrats have the majority).
So. You'd think that it wouldn't just be Bob Barr (and a few bloggers) who were pressing this issue. You'd think the Obama people would be pressing it as well, since it's to their advantage to have McCain's (and Obama's) name removed from the ballot.
And if Obama's operatives ever figure this out, things could get interesting...
3 - Dave Nalle
Oh please people. Did you not read my article about this? I talked to the Barr campaign on Friday and they were perfectly fine with letting the two major parties on the ballot. They had a very laudable attitude that it would be inappropriate to deny people the opportunity to vote for those candidates if they want to.
What's more, we don't have a statement from the Secretary of State yet. It's entirely possible that the Reps and Dems did file their paperwork on time and it just hadn't been processed yet. The law says that the SoS's office has 8 days to approve the filings.
Barr's problems in other states are a genuine issue and ballot access should absolutely be easier all-round. But the situation in Texas is not the real point here.
Dave
4 - Kenn Jacobine
Dave,
Let's not forget that McCain has still not been officially nominated. How can he appear on a ballot without being nominated? Clearly, the Barr folks corresponding with the SOS was the cause of both Obama and McCain names now appearing on the ballot. These folks are corrupt and they are not even good at it. As for the Barr campaign, they know the situation is rigged and a fight is hopeless. As for Obama's people, they know it is rigged also and will keep quiet because the system supports the two party system which most of them have made their fortunes through.