So what's this about not filing in time for Texas?

[dubeskin]

So Obama and McCain haven't filed in time for the Texas election? This isn't the first time I've seen this/read this. I'm not exactly sure if this is true or not, but it definitely is starting to make me wonder because of the number of blogs I've seen this. Any fact-checkers out there able to verify/deny this?


http://blogcritics.org/archives/2008/08/28/222759.php

In a surprising development, it appears that scrappy little Libertarian Party candidate Bob Barr may have essentially won the presidential election in Texas by default. It seems that the two major parties failed to file their candidate selections with the Secretary of State by the statutory deadline, with the result that by law they cannot appear on the ballot, even as write-ins. In a press release on Wednesday Barr's campaign manager, Russell Verney said: "Unless the state of Texas violates its own election laws, Congressman Barr will be the only presidential candidate on the ballot...Texas law makes no exceptions for missing deadlines."

It seems like an extraordinary oversight to fail to register your candidates in the state with the second-most electoral votes (34), but apparently circumstances conspired against Obama and McCain. First, the nominating conventions were held much later than usual this year, so candidates were not formally selected before the deadline. Second, in 2005, after the last presidential election, the Texas legislature changed the filing deadline from 60 days in advance of the election date, to 70 days in advance of the election date. To be eligible, the candidates would have had to file by August 26th, a deadline which they appear not to have met.

[davepc]

1. If only that were true, take 34 electoral votes out of McCains total...

[NotThisTime]

4. A-MEN hope it's true LOL...

[redqueen]

2. They'll waive the deadline.

There's no way TX will allow it's electoral votes to be wasted.

[NotThisTime]

7. They'll waive it for McBush....

[redqueen]

8. If they waive it they have to waive it for both. (nt)

[yourguide]

3. Holy Crap...

I'm speechless.

[mzmolly]

5. If true, we've pretty much won the election.

Interesting.

[rurallib]

6. So those were most likely McCain electors

that is kind of funny. What is that @32 electors?

[Ichingcarpenter]

9. Texans hate McCain .... I think we were competitive in that State

but the Republicans had the edge.

Interesting, but I'll wait tell it hits the news service.

[davepc]

11. I actually think Texas will be a lot closer then people think

Its barley a 10 point race.

Add in Bob Barr whos polling anywhere between 3-7%.....

Of course McCain might of brought the Republican base back to mamma with Palin...in which case the Barr protest vote will diminsih.

[dubeskin]

14. I think a lot of those Paul-ites are going to vote Barr

Which hopefully keeps it competitive.

[yellowdogintexas]

20. quite right. Much closer than we are given credit for, and not much McCain

signage, lots of Ron Paul

More Obama and Hillary than anything and most of the old W stickers are gone.

[ellacott]

10. It would have been impossible for either to have filed by the 26th

Neither were the party's official nominee. Obama became the official nominee on the 28th and McCain still has to go through his convention.

[dubeskin]

12. That's exactly what I was thinking

But the thing that makes me still wonder is the fact that I've seen this multiple times over the past few days.

[Hamlette]

13. how can a state have a deadline before the convention? Where the candidate is picked? n/t

[crispini]

15. Pffft. Don't get me all excited

From the link:

This assumes that the information from the Barr campaign is correct. The Texas Secretary of State is not required to certify the filings until 8 days after the filing deadline, so the official list of candidates may not be an accurate source of information. I have a call in to the Secretary of State's office to confirm that the two major candidates did not file by the deadline. However, the Barr campaign was reachable, and their Media Coordinator told me that they had talked to the Secretary of State and verified the situation, so it sounds legitimate.

Obviously, the Democratic and Republican parties in Texas will do everything they can to straighten out this mess, and they have a reasonable argument that the deadline was unfair, since their candidates weren't even officially selected in time to file. If they go to court they can probably win a change on that basis, and the Barr campaign does not intend to oppose their efforts to get on the ballot, because they believe that more choices work to the benefit of the voters.

Tempest, meet teapot.

[yourguide]

16. If it's accurate, I hope bob barr sues.

[vanderBeth]

17. I wish it were true

which means it probably isn't.

[nsd]

18. Texas Secretary of State website has Obama, McCain listed as candidates.

http://www.sos.state.tx.us/elections/candidates/general/2008gensbs.shtml">TexasSecretaryofState

[Crabby Appleton]

19. The Texas Republican Party listed John McCain and "running mate"

as their candidates, they have the right to amend to add VP name. The Texas Democratic Party filed with the SOS and will amend with both Dem candidates names.

From the Texas SOS webpage, if you win the primary, you are automatically on the General election ballot.

"If you receive a majority of the votes cast in the primary election or receive the most votes in a primary runoff election, if applicable, your name will appear on the general election ballot in November."

http://www.sos.state.tx.us/elections/candidates/guide/demorrep.shtml