The Libertarian Party’s lawsuit against Louisiana for keeping Bob Barr off the ballot last month is still alive and active. Here is the party’s 43-page brief, filed on December 8 in the 5th circuit. One little-known fact about this case is that both the Democratic and Republican Parties also failed to file their presidential elector candidates by the statutory deadline, September 2. The Secretary of State created a new deadline (September 8) by fiat, but the case argues that under Article II, only state legislatures can create election laws.
In the brief is unclear when the Democratic and Republican met the deadline. Presumably it was before 3pm on September 8?
Could it have been established by deposition of the Democratic and Republican party officials that the filings, if they occurred on September 8, was the signal of a collusion between those two parties and the Secretary that the 72 hour extension proclaimed by the Governor was to be flouted for the express purpose of denying the Libertarian Party and its electors access to the ballot?
If, however, the Democratic and Republican parties did not meet the extemporaneous deadline of September 8 set by the Secretary, then they would also have litigants also seeking to enforce the 72 hour extension.
The circumstances may arise in which the collusion of the Democratic and/or Republican party officials with state officers to deprive other parties of access to the ballot can be litigated with civil and criminal penalties applied. Has any third party ever sued either or both of the entrenched parties for conspiring to obstruct access to the ballot?
It would seem that one or two whistle blowers or FBI or private infiltrators could obtain such evidence by investigation. Is there an electoral ‘Deep Throat’ lurking? Lurking…
Does this not sound dirty to you? Because it does to me.
Please. The Democratic-Republican Party will get it’s way or they will manufacture one! Either way they win (and you lose, as always).