Posted at Ballot Access News
On December 5, Ralph Nader filed this brief in the U.S. Court of Appeals, D.C. Circuit, in Nader v Democratic National Committee, 08-7074. He argues that the lower court erred when it refused to permit a trial in his lawsuit for damages against Democratic Party behavior in 2004.
The brief says, “The Conspirators filed 29 complaints before 19 tribunals (i.e., in 19 states) within 12 weeks, regardless of probable cause and regardless of the merits of the cases, as part of a coordinated nationwide effort to bankrupt the Plaintiff Candidates’ campaign and effectively bar them from running for public office; and in certain key states, where litigation alone would not be sufficient to accomplish their improper purpose, the Conspirators engaged in coordinated acts of sabotage and other systematic efforts to prevent the Plaintiff Candidates from complying with state election laws, in order to manufacture legal grounds for their otherwise baseless litigation.”
This brief further highlights the extent to which the Democratic Party’s challenge in Pennsylvania was brought using state government resources, which was illegal, since challengers to Pennsylvania petitions must be private, not government, entities.