Minority (Party) Discrimination Part II
Jim Babka on Sep 30th 2008
It’s been 21 days since I posted to the blog. A new computer install and a road trip/speaking gig on behalf of DownsizeDC.org have consumed my time of late. I also started, but haven’t yet completed longer blog posts on the homeschooling issue (the big debate that was raging here three weeks ago). But I promised I’d keep you posted on Bob Barr’s lawsuit to keep McCain and Obama off the ballot because they filed late.
And I predicted that Texas judges would say, “Don’t worry Mr. Obama and Mr. McCain: You two are exceptions to our ‘late-filing, no ballot access, no exceptions‘ rule.”
I mean, it’s not like McCain and Obama are from minority political parties, right? Ballot access laws are for Libertarians, Constitutionalists, Greens, or even the Female Circumcision Party.
Well, the expected happened. The Texas Supreme Court ruled that Obama and McCain are allowed on the ballot — and wait till you see their explanation!
Here’s more of the story as reported at NolanChart.com…
…according to Texas election code, they [Obama and McCain] 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…
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.
…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:
Ready?
Wait for it.
Because this is amazing.
It’s coming.
Here it is…
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED: 08-0761 IN RE BOB BARR, WAYNE ALLEN ROOT, AND THE LIBERTARIAN PARTY OF TEXAS
And that’s it. When southern judges discriminate against a class of people, when they’re violating the law, perhaps they’re practicing the lessons they learned from past bigotry. Maybe they’ve discovered it’s strategically smart not to explain one’s reasoning.
Filed in The Bench, The Bistro, The Boudoir, The Bureau
Um… This sounds like it should go to the US Supreme Court. Wow.
I guess when you’re violation of the law only inconveniences less than a percent of the populace you don’t have to explain yourself.
Texas’s election code has more than 192 chapters? What the hell?
James K: If you think that’s big, you should see our Constitution.
Considering that Texas judges, even Supremes, run for office, this doesn’t surprise me in the least; they’re as much a part of the political machine as anyone else. Heck, our county judges used to be the most powerful politicians in the state, and they still have more pull in elections than they probably should.
Then again, I doubt this was much of a party-wellfare vote. Knowing the kind of folks who typically end up on that court, they probably read the complaint, looked at each other, laughed, and wrote out this denial. If, that is, they even saw it; they may have just pawned it off on some administrative clerk.