Last Minute Ballot Access Woes for Presidential Candidates in Louisiana, Mississippi

Louisiana’s filing deadline for presidential candidates and candidates for presidential elector to file was September 2. However, because of severe flooding in Baton Rouge, and power outages, the office had seemed to indicate that the deadline would be extended. However, on September 9, the Secretary of State indicated he would not accept late filings. As a result, Bob Barr (Libertarian), Brian Moore (Socialist), and Ted Weill (Reform Party) are off the ballot. This is especially ironic in the case of Barr and Weill, since the Libertarian and Reform Parties are ballot-qualified. At least one of these campaigns has already found an attorney to try to resolve the situation. Louisiana has no real state interest whatsoever in being rigid on the deadline, because the state hasn’t held its congressional primary yet. Furthermore, since no petition is needed, there are no signatures to check.

In Mississippi, the State Board of Elections met on September 9 and disallowed the Natural Law Party’s filing of Brian Moore for president, because certain papers had not been submitted until 5:10 p.m. The office had previously said the true deadline was midnight, and that there was no cause for concern. The Board also said that the party state chair, who also functioned as the secretary of the meeting that nominated Moore, should have signed two different forms instead of just one form. The Board also disallowed the petitions for Gene Amondson as an independent candidate (he is the Prohibition Party nominee), because it said some of his petitions were submitted late.


Comments

Last Minute Ballot Access Woes for Presidential Candidates in Louisiana, Mississippi — No Comments

  1. It appears Brian Moore may also have problems in Wisconsin.

    All independent candidates paperwork was to be in on 9-2-08. His paperwork only arrived on 9-5-08 the date for minor parties.

  2. Brian Moore has proof that his paperwork did get to Wisconsin on time. Fortunately he sent it by some means that makes a record of when it arrived, and a record of who signed for it.

  3. My understanding about Wisconsin was that the Moore/Alexander campaign got confirmation from the Secretary of State that the signatures were submitted on time, and the ticket is indeed going to be on the ballot. Mississippi would be disappointing if that deadline was missed, though by what this post indicates, it was an arbitrary decision by the board of elections.

  4. But wouldn’t this knock McCain off the ballot too, as the GOP is ballot qualified and he hadn’t been nominated by the 2nd?

  5. I’m sure there’s more to it but why does it always seem like these candidates wait til the deal last minute to try and submit their papers? Why not a week or so ahead of time just to be safe?

  6. Takes time to collect signatures, pay petitioners, etc. For the SP in Mississippi, we had to find out that the NLP was even qualified, then get the right forms, correctly notarise them all, and so on.

  7. As to comment #5, probably everyone knew McCain would be nominated. Also by September 2 everyone knew Sarah Palin would be nominated for vice-president. So probably the paperwork just went on assumptions. But, still, that is an excellent point.

    Barr isn’t getting bad news on ballot access everywhere. The filing today by that independent candidate for US Senate in Maine, with a very strong legal case, may prevent Maine from printing its ballots and that will help the lawsuit Barr filed against Maine last week. Also the fact that a Pennsylvania federal court will hear Baldwin’s case tomorrow is good for Barr also, especially if it wins. Finally, there is activity in Barr’s Oklahoma lawsuit tomorrow.

    Even the major parties mess up on this. And I don’t just mean Texas 2008. I mean Iowa Democrats in 1964, both Democrats and Republicans in Indiana in 1988, and both Democrats and Republicans in Florida in 2004. This mess of paperwork involving presidential electors is just one more reason to hope that the Electoral College gets abolished soon.

  8. Richard – as you say, the major parties mess up on this, but did any of the cases you know of result in them not making the ballot?

  9. My understanding, and Richard can correct me if it is wrong, is that the SoS is accepting paperwork up until the 8th of September. They would have to–as John McCain didnt file until then.

  10. >> I’m sure there’s more to it but why does it always seem
    >> like these candidates wait til the deal last minute to try
    >> and submit their papers? Why not a week or so ahead of time
    >> just to be safe?

    People who do not represent either the Republican or the Democratic wing of the Big Government Party spend nearly all of their time and money getting on the ballot. It seems very simple, when you think of one state, just gather a few signatures, and you’re done.

    But there 50 states, plus DC, and each and every one of the has it’s very own unique set of completely irrational ballot access laws, all of which have exactly one aim in mind: to preserve the monopoly on power which has been held by the Big Government Party for over a century now.

    This is the definition of privledge: it comes from the latin, privis — private, and legis — law. Privledge is not, contrary to popular belief, a question of wealth. It is a question of whether the law treats everyone the same. And since the Rule of Law has been abandoned by both of the Status Quo Parties, it does not.

    Then again, we had a hard time getting rid of the British, and they’re gone, so there is hope.

  11. Do you know who all made it on to the ballot in Louisiana and Mississippi? I think that both Cynthia McKinney and Ralph Nader are on both, but I’m not sure of the rest of the candidates seeking ballot access there.

  12. In every case of major party candidates missing the deadline, they’ve been allowed on the ballot, even when 3rd party candidates on the same ballot, the same year, were rejected.

  13. Every State regime is an EVIL and VICIOUS gerrymander regime of EVIL party hack ANTI-Democracy gerrymander monarchs – monsters. The CRISIS is NOW.

    Democracy NOW —

    Total Votes / Total Seats = EQUAL votes needed for each seat winner in legislative bodies.

    Otherwise — get ready for Civil WAR II due to the gerrymander MONSTERS — even worse than in 1861-1865 ???

  14. Candidates on in Louisiana are McCain, Obama, Nader, Baldwin, Ron Paul, McKinney, Harris (Socialist Workers), La Riva (Party for Socialism & Liberation).

  15. Many elections officials consider their post “ministerial,” and argue that they have no discretion to ignore a deadline.

    However, they often don’t put up much of a fight when you sue the election official to put the candidate back on the ballot, arguing that the state doesn’t have a compelling interest in keeping the candidate off of the ballot because of a missed deadline.

    Once ordered by the court, the dutiful election official places the candidate on the ballot.

    But it can be a hassle to file a lawsuit and get a court to act.

  16. The Prohibitionists lost two states on the same day, leaving them qualified in only two other states. Evidently, America’s Dry Party did everything right, but was denied anyway. What ever happened to free elections in America?

  17. LAWSUITS SHOULD BE FILED IN LA AND MS.THIS MAKES ME SICK THE BALLOT BOX SHOULD HAVE MORE THAN 2 CHOICES/ WE NEED FEDERAL LEGISKATION FOR BAKKOT STAUS. THE SOS OFFICIES ARE CONTROLED BY THE DEMS AND GOP

  18. Isn’t it interesting how the Supremes claim congressional term limits(passed by amendment, by the people who created all constitutions in several States) was “unconstitutional” and would need an amendment to the US constitution? Going along with that”logic(?)”wouldn’t all 27,000+ weapons laws be unconstitutional? As well as all State election laws regarding parties and filing fees? I asked the SOS here in Montana why those running for congress have to pay a fee yet those running for president don’t? His assistant who answered my query said, “I don’t know.” I know the answer. Look at the office of president as falling within the Commerce Cause while the State congressional delegations don’t. You can’t hide behind mommy rules when you don’t like daddy’s rules and vise-versa. LOL

  19. Come on Richard, now don’t throw the baby out with the bath water:
    “This mess of paperwork involving presidential electors is just one more reason to hope that the Electoral College gets abolished soon.”

    The Electoral College has nothing to to with RepubloCRAT corruption.

  20. I actually like the electoral college, personally. It reflects the “Collection of States” as intended by the founders. Just about every other aspect of that intention has been wiped away, but that one remains.

    Meanwhile, I hope these lawsuits hold up. I’m sick of these jerks at the SoS doing this.

    LPKY won’t be waiting until the last minute, going forward. In 2010 (our next election) we will have begun petitioning in November 2009 (when we can legally start).

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