Nader Resurrects Lawsuit Against Democratic Party for 2004 Attempts to Keep Him Off Ballots

On November 30, 2009, Ralph Nader re-filed his lawsuit against the Democratic National Committee, concerning its actions in the 2004 presidential election, when the party coordinated challenges to Nader’s ballot position in 18 states. Nader charges that the challenges were not made in good faith, but were designed to soak up the campaign’s resources.

Nader had filed a similar case in 2007, but the U.S. Court of Appeals, D.C. Circuit, ruled in 2009 that the District of Columbia statute of limitations means that he should have filed within 3 years of when the events occurred. But, Maine has a six-year statute of limitations for cases like this, so the new lawsuit is filed in state court in Maine. Maine was one of the states in which the Democratic Party sponsored and financed a challenge to Nader’s petition, although that Maine challenge, like most of the party’s challenges in 2004, did not succeed. The new case is Nader v The Maine Democratic Party, the Democratic National Committee, Kerry-Edwards 2004, The Ballot Project, Dorothy Melanson, Terry McAuliffe and Toby Moffett. It is in Superior Court in Washington County, Maine, no. macsc-cv-2009-57. Here is the 55-page complaint.


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