Sorry, But You're Not One of the Important Parties

You might remember that lawsuit Bob Barr filed a to keep Barack Obama and John McCain off the Texas ballot because both the Democratic and Republican parties in that state missed the filing deadline to make the presidential ballot.  The Texas Supreme Court dismissed Barr's complaint without comment.

As it turns out, the Libertarian Party missed the filing deadline to get Bob Barr on the ballot in Louisiana, party officials say because state offices were closed the week of the deadline due to Hurricane Gustav.

Refreshingly, state officials in Louisiana cited the mulligan given the two major party candidates in Texas, noted the barrier presented by the unpredictable catastrophic weather, and said it was in the best interests of the Democratic process to include Barr on the ballot.

Just kidding.  You didn't really believe that, did you?

Comments

[Elemenope]

Just kidding. You didn't really believe that, did you?

Balko, you are a master of playing with our hopes and dreams! Damn you!

[libertarian democrat]

=(

[Mo]

You really had me going there Radley. I should know by now, none of your stories have a happy ending. You're Lucy, I'm Charlie Brown and justice is the football.

[ccasin]

oh my, that was brutal of you

[EscapedWestOfTheBigMuddy]

It is worth noting that supreme court judges in Texas are elected. Any bets what parties are represented?

[J sub D]

The libertarian party bears some blame for this.
From Radley's 3rd (last)link -

Dardenne re-opened his office Sept. 8 and declined to accept filings after 5 p.m.

The Libertarians filed paperwork for presidential candidate Bob Barr and vice presidential candidate Wayne Root on Sept. 10, the day Dardenne's staff sent 76,000 absentee ballots to a printer.

...

The 5th U.S. Circuit Court of Appeals in New Orleans sided with Dardenne, concluding Libertarian officials should have made an effort to reach Dardenne's office. A skeleton crew remained at the office the first week of September, according to court testimony.

Somebody should have been at the Secretary of States's door at zero dark thirty on the 8th with the paperwork in hand.

[Elemenope]

You're Lucy, I'm Charlie Brown and justice is the football.

What an exquisite analogy.

[ChicagoTom]

Is my memory failing, or was the Texas case dealt with in State Court (and the Texas Supreme Court issued a ruling without explanation) whereas this was done in Federal court?

Why the difference? Shouldn't this have gone to state court as well?

[Dark Helmet]

I can't believe he fell for that!

[Naga Sadow]

Damn you Radley! You rick rolled me . . . again.

[Some Guy]

Maybe a movement to get some ballot-access referendums on the ballot in 2010 would be a good place to concentrate efforts.

Even 5-10% 3rd party people in the House (especially if it denied either party a majority) would keep a lot of others honest.

[Other Mat]

Ballot Access-Doesn't that kind of sound like "Common Sense Regulation" of voting rights?

[Pinette]

Why in gods name did the libertarian party file this crap months ahead of time?! You'd think a party that desperately wants to gain ground would not wait until the very last second. Procrastinators.

[Episiarch]

Radley, you have pulled a Richard Matheson on us. You bastard.

[Matthew]

Yes, and your point being?

[Tonio]

[spluttering] Radley, you're toying with us...you coquette...

BTW, the word "lawsuit" seems to be missing from the first sentence.

Mo is my new best buddy.

[Warren]

Ouch! That hurt. I think you should hold off on playing us like that for a while. Say until after the election and the DOW closes above 10K.

[TrickyVic]

I guess the next candidate denied placement on the ballot in Texas can cite the Barr case. As if the courts would do the right thing.

This is pretty much what I expected.

[TrickyVic]

""""Common Sense Regulation"""""

That's just funny. Regulation applies to the little guys and most often lacks common sense.

[cunnivore]

I'm confused. Because Texas gave an exception to the Ds and Rs, Louisiana has to give an exception to the Ls? Just wondering what the point of Radley's post here is (and why he has "Democratic" capitalized in the last sentence).

[bubba]

cunnivore, he was just teasing us.

But a key point was noted, the Libertarians simply failed to get the job done.

Not the kind of organization we should be voting for.

[Elemenope]

I'm confused. Because Texas gave an exception to the Ds and Rs, Louisiana has to give an exception to the Ls? Just wondering what the point of Radley's post here is (and why he has "Democratic" capitalized in the last sentence).

If I may be so bold, I think the point here is because we have a codified two-party system, the Ds and the Rs could pull pretty much any shenanigans they damn well please and they'd still get a pass on stuff. Others do not. Equal protection and all that, yadda yadda yadda.

[ed]

America can't handle the Important Parties.
Sure, we're good at hamburgers and stealth fighters. It's philosophy we have a problem with.
Ooh! Gotta go. The Daily Show rerun is on!

[Andy]

I was falling for it as I was reading, and then my subconscious (or something) was like, "remember the title of the post" and I caught it just as I was reading the end. It was kinda fun. But not unsad.

[jkp]

Filed a what? Filed a WHAT???

[No Name Guy]

Par for the course.

Mustn't have anything upset the duopoly apple cart.....

[Brian24]

Yeah, I don't get it. The paperwork was due on the 2nd, and state offices were closed, so they didn't file it. Then state offices re-opened on the 8th, so they tried to file it on the ... 10th?

What kind of morons are running the LP? Other than the election itself, this is the single most important thing the party has to do, and they show up 2 days late?

http://img209.imageshack.us/img209/9225/2jhde82nc5bwld6.jpg

[prolefeed]

I saw it was a Radley post, and it was on Reason, and it was about whether the Libertarian party was getting treated fairly about ballot access -- and I didn't fall for it, figured it was snark from the get-go.

Not sure whether it's a good thing or not that I'm that cynical.

[robc]

Pinette,

Why in gods name did the libertarian party file this crap months ahead of time?!

Generally, because the states wont let you. In fact, many wont let you start collecting signatures until a short time before the deadline. If the candidates could start collecting signatures months and months ahead of time, they would turn them in months and months ahead of time.

[Pro Libertate]

Are other parties legal in the United States?

[Episiarch]

What kind of morons are running the LP?

Is that a rhetorical question?

[The Angry Optimist]

Not the kind of organization we should be voting for.

any excuse to remain irrelevant.

yeah, you know what? It's a fuck-up. Granted. But I see four or five people latching onto it so they can continue to beat the Bible of Libertarian Apathy and Debate-Clubism.

[phalkor]

I really don't think the libertarian party should be on the ballot at all, ever.

Think about it. What do libtards do for politics in general? Nothing.

The Dems and Reps (bless their hearts) along with the media have been working for well over a year to provide a spectacular finale for the show. We can't let libertarians confuse the plot or direction of the main characters.

Letting a libertarian on the ballot would be like getting to the final round of american idol then letting some jackass who didn't have to go through tortuous round after round jump in and steal the thunder. It's just not good television.

And think of the voters who might accidently vote libertarian. Oh the Shame!

[Franklin Harris]

Well, at least La. has Ron Paul/Barry Goldwater Jr. on the ballot.

How is it that a man who isn't running for president gets on the Louisiana ballot while a man who is running can't?

[Brian24]

Well, at least La. has Ron Paul/Barry Goldwater Jr. on the ballot.

Yes, and I'd like to note that, without a party apparatus, they managed to get this ticket onto the ballot WEEKS ago.

[Christopher Monnier]

Radley, that's the second time you've used "refreshingly" when pulling a trick...we're onto you.

[Adamness]

I know the Dems and Repubs try as hard as they can to keep 3rd parties off the ballots, but the Libertarian Party and the Barr campaign have done a horrible job of working for their own ballot access. They can cry all they want, but they should also take some responsibility for their failures.

[Warren]

You want ballot access?

I want equal protection

You can't handle the democratic process!
Son, we live in a world with polling places. And those booths must be guarded by old men with coffee and little "I Voted" stickers.
Who's gonna do it? You? You, Agitator Balko?
I have a greater responsibility than you can possibly fathom.
You weep for Bob Barr and curse the Two Party System. You have that luxury.
You have the luxury of not knowing what I know: That the LPs election results, while tragic, probably saved the establishment.
And my existence, while grotesque and incomprehensible to you, saves the establishment.
You don't want democracy. Because deep down, in places you don't talk about at parties, you want me on that board. You need me on that Board of Elections.

We use words like Republican, Democrat, Established... we use these words as the backbone to a life spent defending something. You use them as a punchline!
I haven't the time or inclination to explain myself to a man who rises and sleeps undert the blanket of the very establishment I provide, then questions the manner in which I provide it!
I'd rather you just said "Thank you" and went on your way.
Otherwise, I suggest you pick up a Blackberry and canvas a neighborhood in a battleground state.
Either way, I don't give a damn what you think you're entitled to!

[SugarFree]

I'm pretty sure at this point the headline "Libertarian Party Fucks Up Again" is a macro on all the Reason workstations.

[Pro Libertate]

Really, there are only two possible parties--the Republicans and the Democrats. Sure, people talk about Democrats and Republicans, but legal scholars have now firmly established that that's really the same thing. I can't even imagine a world with more than two parties.

[Mad Max]

Here's a little thing I found on the Louisiana Secretary of State's Web site. It's about how elementary and high school students in Louisiana can take part in a mock election as part of their education. If you click on the sample ballot, you will see Barr listed among the Presidential candidates. There's even a Past Presidents Ballot where you get to vote for George Washington. And you can answer questions about the problems facing the country today.

Thus, you have a broad variety of ballot choices in Louisiana - if you're in grade school or high school.

[R C Dean]

I guess the next candidate denied placement on the ballot in Texas can cite the Barr case. As if the courts would do the right thing.

Why would a court that blatantly disregarded the statute even hesitate to disregard its own precedent?

[FrBunny]

I'm with several of the others here. The double-standard is frustrating, but the task was astoundingly simple and the LP managed to completely blow it.

[Pro Libertate]

Sure, Montesquieu once proposed that a third party could exist in theory, but modern physics has conclusively demonstrated that it's impossible in the real world. Each potential vote is in a state of superposition, both Republican and Democrat, until we kill the damned cat. . .I mean, vote.

[KT]

Getting hoisted by your own petard sucks.

[svf]

But a key point was noted, the Libertarians simply failed to get the job done.

True.

Not the kind of organization we should be voting for.

False.

[BakedPenguin]

Not the kind of organization we should be voting for.

Yeah, this is way worse than the bailout, the Iraq War, the War on Drugs, etc.

[Jackson Kuhl]

And lest we forget, here in Corrupticut the Secretary of State has thrown out almost half of the signatures collected to add Barr to the ballot. As a result, there are too few signatures to put him on. The LPCT is suing.

[rhywun]

Goddamn it Balko, you had me going once again.

[Butler T. Reynolds]

Is it time to start resorting to violence yet?

[Pro Libertate]

No, we're not at the last refuge yet. Try voting Libertarian. Maybe a radical market junkie approach would save us.

[dead_elvis]

but modern physics has conclusively demonstrated that it's impossible in the real world. Each potential vote is in a state of superposition, both Republican and Democrat, until we kill the damned cat. . .

We have to get the Hadron Collider up and working again as soon as possible, so they can continue the search for the Third Party Particle, heretofore only theorized.

[concerned observer]

As if this rag actually cared about Democracy. Given that you've got wingnuts bitching about the Democratic Process because it isn't working in their favor anymore controlling all the threads.

[Fluffy]

As if this rag actually cared about Democracy.

I care about elections [i.e. the process by which the officials of the republic are selected].

This may in fact be different from capital-D Democracy.

In the former, the state has certain defined powers, individuals have certain defined rights, and the officials who administer those powers and protect those rights are assigned by election to their positions for fixed periods.

In the latter, the state has no defined powers, individuals have no defined rights, and anyone who secures the momentary support of a majority of the citizens can do whatever they want to whoever they want - including exempting themselves from election laws they subject others too.

[Fluffy]

BTW, a lot of people are asking why they didn't just get the petitions to Baton Rouge on the 8th.

Reason could help out with some clarification here. I might be remembering it wrong, but I thought the problem was that individual petitions had to be certified at the town and county level and then brought to the Secretary of State's office - and the Secretary of State chose to reopen before the more local offices in many parts of the state did, and presented the campaign with a Catch-22.

[James Anderson Merritt]

But the LP did "get the job done" in 45 states already, with others still pending. They had to work a lot harder and spend more resources to get on the ballot in those States than the GOP or Demos did. No other third party has anywhere close to that kind of national ballot-access coverage, and only the independent ticket of household name Ralph Nader has better (46 instead of 45, which could again become a tie if Barr succeeds in CT or elsewhere). Do you think that such ballot access status simply happens on its own? Well, for the Demos and GOP, it pretty much does. The rest must struggle.

Once again, the H&R crowd elects to focus on the places where the LP stumbles, instead of on the immense distance the party has covered in this race, while being forced by the major parties to wear steel-soled hobnail army boots all the way. After all these years, I don't expect commentators here to be LP cheerleaders, but really, must you stick out your feet to trip the runner as he passes by, or jeer him when he stumbles? Me, I just want to see what he can do when, someday, the army boots come off and he gets to wear some real running shoes.

As for the tripping and jeering, I suppose whatever doesn't kill the LP makes it stronger. So as you were.

[MJ]

"..the H&R crowd elects to focus on the places where the LP stumbles,..."

The point of the post was to show that when the Dems and GOP stumble (as in Texas) the legal system catches them, when the Libertarians stumble they're allowed to fall face first in the mud.

[nonPaulogist]

DON'T vote and give this sham of a selection process any pretense of legitimacy. Voting is for suckers. I love the LP, but they are naive to think they are accomplishing anything.

[Anonymous]

How is the LP doing worse on ballot access in 2008 than it did in 2004? Who bears the burden of ballot access efforts, Barr/Root or the state LPs? I would like to know who to blame here. Either the the national campaign is shockingly incompetent or the state LPs are sandbagging because of purist distaste for Barr/Root.

[James Ard]

I missed the fun because "Barr not on Ballot" was all over the airwaves here yesterday. I'll excuse the LP, this place was nuts that week. Trees in roofs, traffic lights out, power, phones and internet down. Getting the paperwork together wouldn't have been easy. Even though it should have been done weeks before.

[Peter N]

Ladies and Gentlemen,
Lest we forget, the Libertarian party stands for deregulation. Our government currently has in place many regulations, one of which is filing deadlines, in order to promote the efficient flow of government. There has to be a deadline. If the Libertarian party does not agree with our system, it needs to find another country or adapt.
Casum requiescat.

[Brian Carnell]

Why did the LP wait until the 10th (or 11th in some stories)??? According to a wire report

"The deadline was extended until Sept. 8, although a separate executive order by Gov. Bobby Jindal waived all deadlines until Sept. 12. The Libertarians submitted their ballot application on Sept. 11."

[Brian Carnell]

State of Louisiana

FOR IMMEDIATE RELEASE

Office of the Governor

September 5, 2008

GOVERNOR BOBBY JINDAL

Press Office: Melissa Sellers

Contact: 225-342-8006, 225-485-6654 (c)

Governor Jindal Issues Executive Order on Legal
Regulatory Proceedings

BATON ROUGE - Today, Governor Jindal, at the request of the Speaker of the House of
Representative, the President of the Senate, the Louisiana State Bar Association, the Louisiana
Association of Justice, and the Louisiana Association of Defense Counsel, I signed an executive
order today to suspend all deadlines for legal, administrative, and regulatory proceedings in all
Louisiana state courts until Friday, September 12, 2008.
Emergency Suspension of Deadlines in Legal, Administrative, and Regulatory Proceedings:
WHEREAS,
the Louisiana Homeland Security and Emergency Assistance and Disaster
Act, R.S. 29:721, et seq., confers upon the governor of the state of Louisiana emergency powers
to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other
natural or man-made causes;
WHEREAS,
Hurricane Gustav struck the state of Louisiana causing severe flooding and
damage to the state, which has threatened the safety and security of the citizens in the affected
areas, along with private property and public facilities;
WHEREAS,
pursuant to Proclamation No. 51 BJ 2008, a state of emergency was declared
for the entire state on August 27, 2008, and is currently in effect;
WHEREAS,
as a direct consequence of the disaster, evacuation, and subsequent flooding
and power outages, there are extreme challenges to communication networks between citizens,
which has created an obstruction to citizens attempting to timely exercise their rights to
effectively pursue or defend claims in legal, administrative, and regulatory proceedings;
WHEREAS,
La. Constitution Art. I ?22 provides that all courts shall be open, and every
person shall have an adequate remedy by due process of law and justice, administered without denial,
partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights;
WHEREAS,
Hurricane Gustav has also rendered several court houses and other state
facilities temporarily inoperable and/or not fit for occupancy;
Page 2
WHEREAS,
the destruction and disruption of services and infrastructure to our system of
justice caused by Hurricane Gustav will have a profound impact on the basic rights to an untold
number of persons unless action is taken to suspend the effects of the tolling of legal delays
during the period of this emergency; and
WHEREAS,
the Speaker of the House of Representative, the President of the Senate, the
Louisiana State Bar Association, the Louisiana Association of Justice, and the Louisiana
Association of Defense Counsel have each requested the governor to suspend all deadlines
applicable to legal, administrative, and regulatory proceedings, including prescription and
peremption, in all Louisiana state courts, administrative agencies and boards;
NOW THEREFORE I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the
authority vested by the Constitution and laws of the state of Louisiana, do hereby order and
direct as follows:
SECTION 1:
All deadlines in legal, administrative, and regulatory proceedings, including
liberative prescriptive and peremptive periods in all courts, administrative agencies, and boards
are hereby suspended until Friday, September 12, 2008, including, but not limited to, any such
deadlines set for in the following:
A. Louisiana Civil Code;
B. Louisiana Code of Civil Procedure;
C. R.S. Title 9, Civil Code Ancillaries;
D. R.S. Title 13, Courts and Judicial Procedure;
E. R. S. Title 18, Chapter 11, Election Campaign Finance;
F. R.S. Title 23, Chapter 10, Worker's Compensation;
G. R.S. Title 40, Chapter 5 Part XXI-A, Malpractice Liability for State
Services;
H. R.S. Title 40, Chapter 5, Part XXIII, Medical Malpractice; and
I. R.S. Title 49, Chapter 13, Administrative Procedure.
SECTION 2:
This Order is effective upon signature and shall apply retroactively from
Friday, August 29, 2008, through Friday, September 12, 2008, unless amended, modified,
terminated, or rescinded by the governor, or terminated by operation of law prior to such
time.
Page 3
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great
Seal of Louisiana, in the city of Baton Rouge, on this 5th day of September, 2008.
_______________________________
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR
_______________________________
SECRETARY OF STATE
###

[bob]

i was just talking with a family member the other day wondering when absentee voting would start....no reason to bother with an answer.