PEN-L message, Nader in Washingotn Post

Parties to Injustice

Democrats Will Do Anything To Keep Me Off the Ballot

By Ralph Nader
Sunday, September 5, 2004; Page B03

This summer, swarms of Democratic Party lawyers, propagandists, harassers and assorted operatives have been conducting an unsavory war against my campaign's effort to secure a spot on the presidential ballots in various states. It is not enough that both major parties, in state after state, have used the legislatures to erect huge barriers, unique among Western democracies, to third party and independent candidacies. Now they are engaging in what can only be called dirty tricks and frivolous lawsuits to keep me and my running mate, Peter Miguel Camejo, off the ballot while draining precious dollars from our campaign chest.

This contemptuous drive is fueled with large amounts of unregulated money, much of it funneled through the National Progress Fund, an ostensibly independent group led by Toby Moffett, a former Democratic congressman who is currently a partner in a largely Republican lobbying firm called the Livingston Group. By contrast, to defend ourselves from the assault, we have to draw on funds that are limited and regulated by the Federal Election Commission.

News reports show that the National Progress Fund and other so-called independent 527 organizations (named for the section of the tax code under which they incorporate) were operating openly at the Democratic National Convention. They held meetings to discuss the best strategies and tactics to push the Nader-Camejo ticket off the ballot and they raised money from Democratic fat cats to accomplish their goals. It is evident that these "independent" groups are actually not independent but working closely with the Democratic Party.

In addition, chair of the Democratic Party of Maine, Dorothy Melanson, testified under oath in a public hearing before Maine's secretary of state last Monday that the national Democratic Party is funding efforts throughout the country to stop Nader-Camejo from appearing on ballots.

These ties with Democrats don't prevent the 527s from accepting help from entrenched corporate interests, or even Republican quarters, to finance challenges of the signatures we have collected to meet the requirements of ballot access. According to reports filed with the Internal Revenue Service, Robert Savoie, president of Louisiana-based Science & Engineering Associates, donated $25,000 to the National Progress Fund in June. A month before, Savoie gave $25,000 to the Republican National Committee.

In Pennsylvania, where a court last Monday barred us from appearing on the ballot, signature challenges have been mounted by Reed Smith, a law firm whose political action committee primarily gives to Republicans. A lawyer from the firm boasted to the New York Times that "8 to 10 lawyers in his firm were working pro bono on the case, 80 hours each a week for two weeks, and could end up working six more weeks." The firm is counsel to 29 of the top 30 U.S. banks, 26 of the Fortune 50 companies, nine of the top 10 pharmaceutical companies, and 50 of the world's leading drug and medical device manufacturers.

The melding of these interests demonstrates that it is the corporate-political duopoly that is working to limit voters' choices for this November. For all their talk about free markets, the major parties do not tolerate competition very well. They don't want voters to be able to consider a candidate who advocates health care for all; a crackdown on corporate crime, fraud and abuse; a shrinking of the military-industrial complex and corporate welfare; a living wage for all full-time workers; and a responsible withdrawal from Iraq.

The zeal of these ballot access sentries comes from a refusal to respect the rights of millions of voters to have the opportunity to vote for candidates of their choice. With their organized obstruction of our campaign's efforts just to get a place on the ballots, these authoritarians want to deny Americans more voices, choices and agendas. The voters are the losers.

Watching their bullying maneuvers and harassing lawsuits around the country, I marvel at the absence of condemnation by Sen. John F. Kerry or Terry McAuliffe, the Democratic National Committee chairman.

Sen. Kerry told us that he would look into this situation seven weeks ago but we have not heard back from him yet. Around the same time, McAuliffe told me in a phone conversation that he actively approved of these organized efforts, one of which is ironically called the Ballot Project. He urged me to run only in the 31 states considered to be locked up by one of the two candidates.

Challenging the signatures of your rivals is an old political tactic, and when you're collecting hundreds of thousands of signatures, there are bound to be some that don't withstand scrutiny. But the Democrats are not just seeking compliance with harsh election laws. They are using dirty tricks to intimidate citizens.

That's the way it seemed to a 58-year-old supporter of ours in Oregon. On Aug. 12, 2004, she was at home with her two grandchildren when she answered a knock on her door and found a man and woman who she said began threatening her with jail if there was any false information on the petitions she was collecting for our ballot access. These people, who called themselves "investigators," were dispatched by a law firm that has worked extensively with Oregon trade unions that have supported Democratic candidates. In many states our signature gatherers have been subjected to similar treatment in what is clearly an orchestrated campaign.

And some people who merely signed Nader-Camejo petitions have also been pressured. One person in Nevada got a call from someone who urged him to admit that he was tricked into signing our petition. When the petition signer said he had signed voluntarily, the caller continued to try to persuade him to claim that he had not signed the petition. After numerous requests, the caller identified himself and admitted he was from the Democratic National Committee in Las Vegas. A call to the number on the caller ID was answered, "Hello, DNC." We have similar reports from around the country.

Ballot access laws are so arbitrary and complex that they leave small parties open to legal pestering. In Arizona, large Democratic donors hired three corporate law firms to file frivolous challenges to our clearly ample number of signatures. For example, 1,349 signatures of registered voters were invalidated because the person who collected them had given his or her correct full address but had neglected to include the correct name of the county. The purpose of these exercises are, in lobbyist Moffett's words, "to neutralize [Nader's] campaign by forcing him to spend money and resources defending these things."

A covey of Democratic operatives in Illinois convinced the election board to disqualify signatures because the registered voters had moved since registering to vote even though they still lived in Illinois. The Democratic speaker of the state House of Representatives sent state employees, contractors and interns to review and challenge our ballot access petitions. The speaker wouldn't say -- when asked either by reporters or in a Freedom of Information Act request my campaign filed in July -- whether these state employees took leave from their taxpayer-paid jobs.

In other states, Democratic operatives are using a grace period after the filing date and directly calling voters who signed, pressing them to withdraw their signatures or say that they were misled so that the Democrats could allege fraud later in court.

The Democratic Party's machine is operating in many other ways, too. Its apparatchiks were waiting at the Virginia secretary of state's office on Aug. 20 to say that our signature gatherers did not arrive in time, when in fact they arrived with 25 minutes to spare. The head of the state Elections Division, who happens to be the former executive director of the Virginia Democratic Party, refused even to accept our petitions until she was ordered to do so by the state attorney general.

To excuse and distract from this accumulation of organized misdeeds, the Democrats are feeding the press the Big Lie that the Republicans are bankrolling and supporting us. If the Republicans were to spend one-quarter as much to support us as the Democrats are spending to obstruct our access to ballots and our supporters' civil liberties, we would be on all 50 state ballots by now.

We have not been accepting signatures obtained through organized Republican Party efforts in the three or four states where we have learned of such activity.

We are trying, of course, to win over some Republican and independent voters who voted for George Bush in 2000 but are furious with him over endless deficits, federal regulation of local education, corporate subsidies and handouts, the sovereignty-shredding World Trade Organization and North American Free Trade Agreement, the big-government- snooping Patriot Act and, lately, the Iraq quagmire.

In 2000 about 25 percent of our vote came from people who told exit pollsters they otherwise would have voted for Bush. Yet the most recent independent review of our current campaign found that only 4 percent of our donations came from people who have also given to the Republican Party. The Center for Responsive Politics found that this group of 51 people gave $406,000 to the Republicans and $53,000 to Nader-Camejo. Amusingly, however, the center found that our Republican backers gave even more, $63,000, to the Democrats.

When I talked to Kerry, I cautioned him that if he did not order a stop to the dirty tricks of his Democratic underlings and allies, he may face a mini-Watergate type of scandal. For Democrats and Republicans who care about civil liberties, free speech and an equal right to run for elective office, this festering situation should invite their very focused demands to cease and desist.

Hand it to the Democrats to keep some costs down, though. A contractor they hired in Michigan to make phone calls to check the validity of our tens of thousands of signatures outsourced the work to India.

Author's e-mail: kzeese@xxxxxxxxxxxxx

Ralph Nader is an independent candidate for president and author of "The Good Fight: Declare Your Independence and Close the Democracy Gap" (Regan Books/HarperCollins).