Texas law requires that written certification of the party’s nominees be delivered before 5 p.m. of the 70th day before Election Day. This year, the deadline fell on Aug. 26.
Barr’s campaign contends that because neither candidate had been nominated by the official filing deadline, it was impossible for them to file under Texas law.
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Barr, a former Republican congressman from Georgia, is expected to press his case Thursday at the Texas Supreme Court. It is the campaign’s first legal action accusing the major-party candidates of not qualifying to run in a state. The campaign is not planning to file lawsuits in other states, a Barr spokesman said.
Neither Obama nor McCain’s campaign would comment on the suit, but the office of Texas Secretary of State Esperanza “Hope” Andrade said it certified the Nov. 4 general election ballot on Sept. 3.
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“The facts of the case are not in dispute,” Barr campaign manager Russell Verney said. “Republicans and Democrats missed the deadline, but were still allowed on the ballot.
“Third parties are not allowed on the ballot for missing deadlines, as was the case for our campaign in West Virginia, yet the Texas secretary of state’s office believes Republicans and Democrats to be above the law.”
Fascinating, Captain..
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