Libertarian Party Loses West Virginia Case

Ballot Access News

On September 5, U.S. District Court Judge John Copenhaver upheld West Virginia ballot access laws for president. Barr v Ireland, 2:08-0990.

The decision is 34 pages long. It puts heavy stress on the problems that a later deadline than August 1 would cause elections officials. Of course, if the state didn’t require so many signatures (over 15,000), the burden on the elections officials would be less.

Also the decision points out that the August 1 presidential deadline, combined with the 2% petition requirement, was met by the Libertarian Party in 2004, and by Ralph Nader in 2004. Also the decision points out that, this year, the Constitution Party and Ralph Nader qualified. Finally, the decision notes that if the Barr petition had started just two weeks earlier, it very likely would have succeeded.

24 Responses to “Libertarian Party Loses West Virginia Case”

  1. Steve Says:

    As much as it would seem nice to yo can’t blaim this on the judge. The judge has to interpret the facts with respect to the law which was written by the wv legislature. Time to start organizing third party efforts to get our candidates on.

  2. Free Al. Says:

    I certainly hope the same decision is reached in reguards to the Republican and Democratic parties in Texas. After all, the Republicans and Democrats have met the requirements for ballot access in all previous elections, so they have little reason to complain.

  3. Proud Conservative Says:

    Sara Palin has affronted God by bringing forth a bastard grandchild.

  4. Jonathan Says:

    wow proud consevative is testimony the more religious they are the more the sinner they are. What a terrible thing to say.

  5. Eric Dondero Says:

    The LP should make sure that they qualify as official write-ins for the state. At least that’s a tiny bit of a consolation.

  6. Anthony D. Says:

    as others here and elsewhere in the libertarian blogosphere have pointed out, this quixotic attempt at 50-state ballot access has to stop.

    the west virginia ballot access attempt was a waste of money badly needed elsewhere.

  7. Richard Winger Says:

    The lawsuit did have the effect of establishing unequivocally that West Virginia is tied for 2nd-worst in the nation, for presidential ballot access. Only Oklahoma is worse, and North Carolina is equally bad. Maybe that will get the legislature to finally pass one of our ballot access reform bills. Our attorney’s wife is a Democratic state legislator.

  8. Formerlp Says:

    NOW is the time to show our support and donate to the Libertarian Party Candidate Bob Barr .

  9. kombayn Says:

    I think Ralph Nader has a much better shot at getting votes. His fund-raising has been excellent. I’m voting for Nader/Gonzalez this election in California under the Peace & Freedom Party banner. If I had a choice like Ron Paul in the State of California, he’d get my vote but Ron Paul has my full support for any state that has his name on the ballot or counts his name as a write-in candidate.

  10. Jonathan Says:

    It is very impressive what Ralph has done so far. As an Independent candidate he has been able to get on 45 states. The Green Party for crying out loud will be lucky to get on 35 and this is an organized party with roots.
    Ralph gas also raised 3 million and held “Super Rallys” with different speakers participating. Hats off to Nader.

  11. William Says:

    Well, I’m a Barr supporter and I’ve been hopin’ and prayin’ for his campaign, but I can’t cry foul on this one. Sure, he had to collect a lot of signatures but if Nader and Baldwin can do it, Barr shoulda been able to.

    I just hope Barr counts as a write-in candidate in West Virginia.

  12. Jeff Says:

    West Virginia isn’t a swing state election anyway.

    Barr/Root is focused on Nevada and swinging the election to Obama.

  13. Ayn R. Key Says:

    Since West Virginia is lost, now is the time to focus entirely on Texas and the Lawsuit that I still haven’t heard has been filed. Has anyone heard if it’s been filed?

  14. Jonathan Says:

    This is an email from Shane Cory on the lawsuit of Texas AYN R KEY:

    “Thanks for the note Jonathan.

    We had to wait for the certifications that came in yesterday that showed that the two parties did not meet the deadline. Now we sent the letter and will wait until Monday for the response then more than likely file (given the Texas SoS ignores our complaint).

    It’s a process and I appreciate the patience.”

    Best,

    Shane

  15. NewFederalist Says:

    Since Barr won’t appear on the ballot in WV I would hope Libertarians would vote for Baldwin to improve the CP’s chances of retaining ballot status. I would hope the reverse in NC (Constitutionalists voting for Barr) as well as other states where Baldwin failed to make it.

  16. Jonathan Says:

    THIS IS AN EMAIL I SENT to every email address on foxnews including
    [email protected]’ . PLEASE everyone email as many networks and tell them as an Independent voter you take offense to this:

    For the last 30 minutes Fox News has been talking about the latest Rasmussen poll released today Sunday September 7th showing:

    McCain 48%
    Obama 48%

    To be fair they are not the only network doing this.

    WOW that’s great for ratings, the only problem is if you add them up you come up with 96%

    SO, what you are telling America ONLY 4% of the people comprise UNDECIDED VOTERS, BOB BARR VOTERS, RALPH NADER VOTERS, and still other Third Party candidates such as McKinney and Baldwin.

    I’ll be sure to pass this along in what a sham the media and these pollsters who are being paid by the Duopoly are doing basically saying AMERICANS ARE STUPID.

    Keep the farce as this always galvanizes people to Third Parties as you prove corruption has no end.

  17. Jonathan Says:

    The latest polls show McCain at 48% and Obama at 48%
    Check out my article to see what I think of this
    http://www.nolanchart.com/article4748.html
    give me a thumbs up if you like

  18. Dink Meeker Says:

    Ayn R Key,

    I would imagine that the preparation for the lawsuit underway. Under the law, these things have certain requirements before they can be brought before a judge. Tactically, I’d imagine a few requirements must be sated before the papers are passed to the court.

    That would be my guess, anyway.

  19. Clark Says:

    JONATHONG BLEATS: “SO, what you are telling America ONLY 4% of the people comprise UNDECIDED VOTERS, BOB BARR VOTERS, RALPH NADER VOTERS, and still other Third Party candidates such as McKinney and Baldwin.
    I’ll be sure to pass this along in what a sham the media and these pollsters who are being paid by the Duopoly are doing basically saying AMERICANS ARE STUPID.”
    Keep the farce as this always galvanizes people to Third Parties as you prove corruption has no end. (END)

    ...man, you are apparently still ‘wet behind the ears!’

    ...THIS IS NOTHING NEW, DUMMY!!...SAME OLD SAME OLD

    ...and that NOBODY in any ‘third party position of power/influence’ can think of anything to do about ‘it’ other than collect more fucking signatures and continue playing their fucking game—in their fucking republicrat box—tells me it’s going to keep rolling on!..

    ...CERTAINLY, WET-BEHIND-THE-EARS-JONATHONGS AND OTHER BOOB BARF CHEERLEADERS ARE NO THREAT TO THE EXISTING FUCKING MISERABLE REPUBLICRAT ORDER

    ...that felt good!..now have a nice day! ;o)

  20. JT Says:

    I hate to agree with Clark, but he’s right, Jonathan. On what planet do you live? It’s TRUE that “UNDECIDED VOTERS, BOB BARR VOTERS, RALPH NADER VOTERS, and still other Third Party candidates such as McKinney and Baldwin” compromise only about 4% of voters. At most, it’s 8%. And that’s nothing new two months before a presidential election. Nearly all American voters always rally around one of the two major party presidential nominees as the election approaches. Of course, millions of other people don’t register to vote or go to the voting booth, so they’re not included in those polls.

  21. DebbieKat Says:

    Why is my last post still awaiting moderation when others’ posts have been posted since mine? It’s not like I posted anything untoward…

  22. DebbieKat Says:

    Does it have to do with me submitting my prior post from another IP address? Just curious.

  23. DebbieKat Says:

    Hmm. Guess my repost didn’t work. Does thirdpartywatch now block posts with internet url’s in them?

  24. Roscoe Says:

    What, are West Virginia election officials so incompetent they need from August 1 to prepare election ballots? Delaware is just holding its primary tomorrow and they will be able to have everything ready to go by November. Of course, if the LP would just hold its convention in the
    Fall of the year before the election, there should be plenty of time to get all the petitions done, etc. etc.

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