Arguing that neither Obama or McCain met the nominating deadline for the Texas ballot, the campaign of Libertarian Party nominee Bob Barr is trying to get them removed from the ballot.

The Libertarians are contending that the Democratic and Republican nominees are disqualified from appearing on the ballot because they missed the state’s Aug. 26 deadline to certify candidates. During the national conventions, Mr. Obama was not voted as the nominee until Aug. 27 and Mr. McCain claimed the GOP nomination on Sept. 3.

For those who are thinking, “those wacky Libertarians,” the precedent for this case may actually have been set by a case by two former candidates from the Democratic and Republican parties:

Part of the legal basis for the suit is Bush vs. Gore, by which the U.S. Supreme Court held that “the clearly expressed intent of the legislature must prevail,” and that election laws must be uniformly applied and interpreted.

The argument from the state-level parties is that they can nominate whomever they wish, regardless of action by the national party.  State conventions are typically held some time before the national ones, so if this is how the law is seen, Barr and co. may not get far.  But, if the law is seen as pertaining to the national nominations, they could have a case.

The Libertarians and other third parties have always typically found obstacles to ballot access, usually the ridiculous numbers of signatures needed to even get on the ballot.  Even then, they are often challenged on the veracity of these signatures.  For example, as an “official member” of the Libertarian Party, I’ve been sent emails asking for help on verifying disputed signatures in my own state.

In any case, the Supreme Court of Texas has not yet rejected the case, asking all parties to submit their arguments.  I look forward to following the case.  I have no doubt that the Democrats and Republicans will prevail, but I think at the very least the legislation might be ruled far too vague.  It would then have to be re-written to be clearer.