In a comment at Ballot Access News, the chair of the Libertarian Party of Louisiana explains why they missed the deadline to put Bob Barr on the ballot. Louisiana has one of the easiest ballot access requirements among all states, with no need to get signatures from voters – just a slate of electors to put the Presidential candidate on the ballot. There is an organized and active Libertarian Party in Louisiana, which is officially recognized as a political party by the state (unlike in some other states).
The Barr campaign’s attempt to complete the required paperwork got caught up in the confusion in the final week for regular filing, with both the electors needed to sign off on the papers as well as the Secretary of State’s office subject to evacuation due to Hurricane Gustav. Several smaller parties (including the Socialist and Reform Parties) also had the same problem. Several other parties and candidates avoided the problem by filing well ahead of the deadline.
The Libertarian and Socialist parties submitted their paperwork and sued the state, and the Libertarians (but not the Socialists) were initially granted injunctive relief by the court and placed on the ballot. However, an appeals court later reversed that ruling. The case is currently being appealed to the US Supreme Court.
Adrien Monteleone’s explanation of why the Libertarian Party was not among those that filed well ahead of the deadline:
We wanted to file these papers on the first day. However, the Barr campaign took it upon itself, without contacting the state party or the La SoS, to file and pay themselves. They did so incorrectly. The process of receiving the incorrect paperwork back from the SoS, forwarding to the Barr campaign for proper form of payment, and then getting it back in return took till the Wednesday before the Storm hit. It was on Thursday we were informed by the SoS that we in fact, as a recognized party, DID NOT need the payment. Had the SoS office been knowledgeable about the fact that we are to file in the same manner as the Dems and Reps from day one, we would have filed our paperwork on the first day.
Combine the Barr campaign’s lack of communication with the state party, the ignorance of the Secretary of State’s office of their own laws, and the hurricane closing the offices on the last day of filing (not to mention scattering some electors) and you see why we missed the Sept 2nd deadline.
Had we had even just the correct info from the SoS, the rest would have been irrelevant. The case required us to prove there was an action by the SoS which prevented us from filing – the combination of improper information of the requirements, as well as closing the offices on the last day (and lack of communication from them on re-opening) is what prevented the LPL from filing timely. Hence why we were granted the injunction.
In another comment on the same post, Richard Winger points out that
The Fifth Circuit opinion itself says the Dems & Reps didn’t file til Sep. 5. And, indeed, the Reps couldn’t have filed on Sep. 2, since they didn’t nominate for either pres or v-p until Sep. 3.