Barr, Libertarians lose Texas ballot fight

By Chris Rizo | Sep 23, 2008

Bob Barr (L)

AUSTIN, Texas (Legal Newsline)-The Texas Supreme Court on Tuesday denied a petition to remove the Democratic and Republican presidential nominees from the statewide ballot.

Libertarian presidential nominee Bob Barr and the Libertarian Party of Texas argued that Democratic presidential hopeful Barack Obama and Republican nominee John McCain should not be on the ballot because their respective parties failed to file with the state by Aug. 26.

The high court denied the petition without offering explanation.

Barr, the former Republican congressman from Georgia, and the Libertarian Party earlier this month sought to enforce the Aug. 26 deadline, the date by which political parties must certify their candidates.

Libertarians had asked the Supreme Court to order the secretary of state to remove the Republican and Democratic ticket from the general election ballot because Obama and McCain were not formally nominated by their parties before the filing deadline.

They argued also that both major parties had ample time and opportunity to seek remedy from the Legislature or the courts to change the deadline.

Texas Democratic Party Chairman Boyd Richie said the high court's ruling was a win for all Texans.

"Today's ruling by the Texas Supreme Court is a win for Democrats, Republicans, Independents and every Texan who wishes to exercise their right to cast a ballot for the candidate of their choice this November," Richie said.

From Legal Newsline: Reach reporter Chris Rizo at chrisrizo@legalnewsline.com.

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