On September 27, the Louisiana Libertarian Party filed this strong brief with the U.S. Supreme Court, asking that Bob Barr be put back on the ballot. The U.S. Supreme Court docket number is 08A269. It is 17 pages, and is well worth reading. Note that this is a microsoft “doc” file, not the usual “pdf” file.
On September 26, the 5th Circuit removed Bob Barr from the Louisiana ballot. The three judges were Carolyn King (a Carter appointee from Texas), James Dennis (a Clinton appointee from Louisiana), and Priscilla Owen (a Bush Jr. appointee from Texas). The action was taken without any hearing. The case is Libertarian Party et al v Dardenne, 08-30922. Technically, the ruling only stays the decision of the U.S. District Court, and a ruling on declaratory relief will be held after the election.
The five-page order says that the state will suffer irreparable injury if the stay is not granted. That irreparable injury is that “absentee voters in the military and overseas will receive two ballots with different candidates, with a resulting likelihood of confusion and duplicate voting.” The ruling also says, “We recognize that the stay will inflict harm on the Libertarian Party, but we believe that the harm may well be of their own making.” The party has asked the U.S. Supreme Court to reverse the stay.
On September 26, a Superior Court in Seattle, Washington, upheld the position of the Secretary of State, that it is legal for Dino Rossi to have this label on the ballot next to his name: “Prefers GOP Party.” Rossi is perceived by everyone to be the Republican Party candidate for Governor of Washington. Washington state election law, for the first time this year, says that parties don’t nominate candidates. Candidates appear on the ballot with their “party preference”. Democrats had said there is no such political party as the “GOP Party”. Thanks to J. Bradley Jansen for this news. The case is Smith v Reed, King Co. Superior Court, 08-2-33009-5.
An NBC/Wall Street Journal poll released September 24 has these results for president: Obama 44%, McCain 42%, Nader 5%, Barr 2%, other or undecided 7%. See here. The presidential results are on page 14, question number 10.
Here is the decision of September 24 that explains why Bob Barr is being ordered onto the Louisiana ballot, but why Brian Moore (Socialist Party nominee) is not being ordered onto the ballot. It is eleven pages and is somewhat interesting and easy to understand. Libertarian Party et al v Dardenne, 08-582-JJB.
