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Election 2008 Discuss the upcoming election in 2008.

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Old 09-25-2008, 09:37 AM
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Default Barr Gets Smacked Down

Barr Gets Smacked Down
The Texas Supreme Court makes a decision about Obama and McCain's right to be on the ballot after missing the deadline.
by RS Davis
(Libertarian)
Thursday, September 25, 2008
The Nolan Chart


If you've been following The Freedom Files, you know that Bob Barr has sued Texas to get John McCain and Barack Obama taken off the ballot. You see, according to Texas election code, they needed to file by August 25th.

McCain didn't certify until September 4th, Obama on August 28th, and yet they were still included on the ballot, in violation of election law.

Well, the verdict is in, and the court has rejected Mr Barr's lawsuit. Now, I can't say that I am completely surprised - we all expected the monopoly parties to keep their elite status and flout election law without consequence.

What I have been more interested to hear was what would be their reasoning for violating election law and allowing McCain and Obama to remain on the ballot.

My money was on the court saying it was "in the interest of democracy," but the most common defense I've heard for the monopoly candidates late filing is that, in accordance with Chapter 181 of the election code, if a party's candidate recieves 5% of the vote in the previous election, they are automatically afforded a spot on the ballot in the next election.

The only problem with that defense is that Chapter 181 doesn't apply to Democrats or Republicans because that chapter deals with political parties that nominate by convention, like the Libertarian Party.

The Democrats and Republicans nominate by a primary process, which puts them under Chapter 172 of the election code, which has no loophole for five percenters.

Parties falling under both chapters then move to chapter 192, which holds the requirement that they file at least 70 days before the general election.

So if Michael Badnarik had recieved 5% of the vote last time around, Bob Barr would not have had to have certified by August 25th, but regardless of their numbers, both of the monopoly parties are bound by that legal deadline.

But the court did not use that reasoning nor the "interest of democracy" reasoning. This is the entire summation of their decision:


THE SUPREME COURT OF TEXAS

Orders Pronounced September 23, 2008

MISCELLANEOUS

THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED


That's it. No explanation. Just denied. Now if that isn't Big Government Hubris, I don't know what is. They know that people are so fully inculcated into the "two party system," no one would even question the verdict.

And those that did question it would find that no one else was listening.

I believe they were right.

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More on this issue:

Barr Finally Fights For Texas

Barr Fights for Texas

Bob Barr Wins Texas (And the Election Hasn’t Even Started!)

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Old 09-25-2008, 09:50 AM
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Correct. They issued an 'order' but gave no opinion.

The government in the State of Texas is no longer legitimate.
The election is a fraud.
The republic is dead.

It would appear that the tree of liberty needs to be shaken.
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The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! - Frederick Bastiat
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Old 09-25-2008, 11:28 AM
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I'm not surprised by this either. However, the Democrats and Republicans technically nominate at the convention. McCain and Obama were not actually nominated by their respective parties until a specific point during their respective conventions.
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"Why?" asks the confused waiter, as the panda makes toward the exit. The panda produces a badly punctuated wildlife manual and tosses it over his shoulder.

"I'm a panda," he says at the door. "Look it up."

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Old 09-25-2008, 01:03 PM
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Quote:
Originally Posted by Chan View Post
I'm not surprised by this either. However, the Democrats and Republicans technically nominate at the convention. McCain and Obama were not actually nominated by their respective parties until a specific point during their respective conventions.
It doesn't matter. All parties have to abide by § 192.031
The judges simply ignored the law and issued an order not based on law....but based on their desire to violate the law.
Therefore, the justices to the supreme court are now criminals.
Perhaps we can push to disbar them.

Either way, the election has been stolen.
Given the only name on the ballot (Barr) and the write-ins being the only LEGAL selection, Barr would have surely made the debates given voting history turnout.
The election is now illigitimate.
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The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! - Frederick Bastiat
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Old 09-25-2008, 01:06 PM
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Quote:
Originally Posted by BoneDaddy View Post
It doesn't matter. All parties have to abide by § 192.031
The judges simply ignored the law and issued an order not based on law....but based on their desire to violate the law.
Therefore, the justices to the supreme court are now criminals.
Perhaps we can push to disbar them.

Either way, the election has been stolen.
Given the only name on the ballot (Barr) and the write-ins being the only LEGAL selection, Barr would have surely made the debates given voting history turnout.
The election is now illigitimate.
And, of course, Barr and the Libertarian Party don't have the money to appeal the decision to the federal courts.
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A panda walks into a cafe. He orders a sandwich, eats it, then draws a gun and fires two shots in the air.

"Why?" asks the confused waiter, as the panda makes toward the exit. The panda produces a badly punctuated wildlife manual and tosses it over his shoulder.

"I'm a panda," he says at the door. "Look it up."

The waiter turns to the relevant entry and, sure enough, finds an explanation.

"Panda. Large black-and-white bear-like mammal, native to China. Eats, shoots and leaves."

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Old 09-25-2008, 01:14 PM
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Originally Posted by Chan View Post
And, of course, Barr and the Libertarian Party don't have the money to appeal the decision to the federal courts.
I don't think they can constitutionally. However, after the Bush fiasco, who knows?
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The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! - Frederick Bastiat
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Old 09-25-2008, 01:15 PM
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Originally Posted by BoneDaddy View Post
I don't think they can constitutionally. However, after the Bush fiasco, who knows?
Why can't a state court's decision be appealed to the federal court?
__________________
A panda walks into a cafe. He orders a sandwich, eats it, then draws a gun and fires two shots in the air.

"Why?" asks the confused waiter, as the panda makes toward the exit. The panda produces a badly punctuated wildlife manual and tosses it over his shoulder.

"I'm a panda," he says at the door. "Look it up."

The waiter turns to the relevant entry and, sure enough, finds an explanation.

"Panda. Large black-and-white bear-like mammal, native to China. Eats, shoots and leaves."

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Old 09-25-2008, 01:31 PM
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UPDATE: Wow, this article has now been linked to by reason magazine! Not just a "we heard about this from," but as the actual source of the information. Totally. Stoked.
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Old 09-25-2008, 02:15 PM
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Quote:
Originally Posted by Chan View Post
Why can't a state court's decision be appealed to the federal court?
It can.
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Old 09-25-2008, 02:26 PM
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Quote:
The only problem with that defense is that Chapter 181 doesn't apply to Democrats or Republicans because that chapter deals with political parties that nominate by convention, like the Libertarian Party.
Both the DNC and RNC nominate via convention.
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