Posted at Ballot Access News
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.
This brings Barr back down to 45 state ballot access, one state short of Ron Paul in 1988 and Ralph Nader this year. However, he still has court cases in Maine and Oklahoma, and a recount challenging the Connecticut Secretary of State’s determination that the Libertarian Party petition did not have enough valid signatures is underway.