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Briefs filed in Nader litigation in Arkansas Supreme Court

The Fort Smith, Arkansas, Times Record reports: In briefs leading up to Thursday's arguments before the state Supreme Court, attorneys for the state Democratic Party on Tuesday asked the court to uphold a circuit judge's order keeping Ralph Nader off the Nov. 2 general election ballot, while Nader's lawyer said leaving the order intact would deprive Nader of his right to run for president.

Democratic Party lawyers said Pulaski County Circuit Judge Tim Fox was correct when he ruled that the people who signed petitions to get Nader on the ballot did not formally name him as their personal choice for president. ...

Fox “made much of the use of the possessive pronominal adjective ‘their’ preceding the object ‘candidate’ and ruled that the petition failed to comply with the requirement that the candidate named be “their candidates for president and vice president of every elector that signs the petition,” Hilburn wrote in the brief. ...

State Democratic Party attorney Robin Carroll argued that the circuit court judge’s ruling should be upheld because Nader supporters did not comply with the political group nominating process designed by the Legislature “and instead attempted an end run around Arkansas’ prohibition on independent candidates gaining access to the presidential ballot.” -- Briefs Filed In Nader Challenge (The Times Record - Fort Smith, Arkansas)


Arkansas anti-Nader forces claim Arkansas has no procedure for an independent candidate to get on the ballot for president. But in Storer v Brown, 415 US 724 (1974), the US Supreme Court said that states must have procedures for both new parties and independent candidates. See page 745.