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August 27 at 9:57PM

John McCain and Barack Obama Miss Filing Deadline in Texas

POSTED BY: Michael Kraskin

As astute reader Jim reports in a response to a totally unrelated post, both John McCain and Barack Obama have missed their chance to run for President of the United States of America in Texas.

Bob Barr is quick to report that this leaves Bob Barr as the sole candidate whom voters may elect in Texas…

In a press release sent from Bob Barr 2008, Russ Verney said, "Unless the state of Texas violates their own election laws, Congressman Barr will be the only presidential candidate on the ballot," adding that "Texas law makes no exceptions for missing deadlines."

Update (Dennis): Assuming this is for real, and is actually respected by Texas election officials, it's a nightmare for John McCain, who needs needs needs Texas' electoral votes.

But there's no reason to believe that Texas would be so hard-nosed in the rules if it will lose the country a Republican president.

  1. Deadlines are deadlines.

    No special treatment for major parties. Unless, they're both full of excrement and can't be bothered to follow the same rules they use so often to exclude other parties from the ballot.

    Note to major parties: select your running mates before the filing deadline, or run without them.

    Hypocrites.

    by Scott August 28th at 2:28AM
  2. Nope. Deffo *NOT* good to go. Put that in your major-party convention button and smoke it:

    (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.

    by Scott August 28th at 2:31AM
  3. I urge my fellow Republicans – especially those in Texas, to vote for Barr.

    by Jonathan August 28th at 3:02AM
  4. I got so excited ! But false alarm.

    Apparently Obama & McCain filed in time, but with "& running mate", so the TX SOS is holding posting on internet until after conventions when VP candidates officially named.

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

    by obamagramma August 28th at 5:34AM
  5. @Andrew M "They still have until the 31st to file as write-in candidates. Obama is official, but McCain won't be by then."

    Good luck with that..the people that cast a ballot in the primary cannot sign the petition.

    by Chris H August 28th at 7:18AM
  6. Bob BARR…. BOB BARR all the way for us Texas Republicans… He is a TRUE CONSERVATIVE!

    by Clint H August 28th at 9:06AM
  7. Hope McCain takes Cantor as his running mate, then he will surely win!
    http://www.ericcantorforvp.com/

    by Samson August 28th at 10:04AM
  8. Hmmm. Too bad they can't change the law. Oh wait, they can.

    by Ted August 28th at 12:57PM
  9. I love how the Texas SOS maintained for a few days that the Reps and Dems had missed the deadline, period. Then after the story picked up a bit of speed (at least to those who pay attention), it was eventually "discovered" that the Reps and Dems "filed something" ahead of the deadline. As dubious as that sounds, does the Texas state law make provisions for stand-ins or placeholders? My quick reading of the law seemed to require that the SOS certify the the names of both presidential AND vice presidential candidates by 70 days prior to election day. I'm sure they'll find a convenient way around THE LAW, but this stinks…

    by Matt August 30th at 5:22PM
  10. 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. 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.

    by Thogek September 5th at 12:57AM
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