Draft gives Nader spot on ballot Gwadosky’s decision expected by Sept. 8

Independent presidential candidate Ralph Nader should keep his place on the Maine ballot, according to a draft report released Thursday by the Secretary of State’s Office.

The report, although not the final word on the matter, comes as a blow to Maine Democrats, who challenged Nader’s candidacy on a number of technical points, including inaccuracies on his nominating petitions and the use of deception by some gathering signatures.

The report rejected all of the Democrats’ challenges.

“Democracy wins,” Nader supporter Nancy Oden said after receiving a copy of the 14-page report Thursday evening. “This is a very strong recommendation, and I think [Secretary of State Dan Gwadosky] would be hard-pressed not to accept it.”

The draft, written by Deputy Secretary of State Julie Flynn, head of the elections division, will serve as a recommendation to Gwadosky, who will issue a final decision by Sept. 8.

Before Gwadosky’s decision, lawyers for both sides will have a chance to respond to the draft report. The secretary’s final decision can be appealed to Superior Court.

Last month, the Secretary of State’s Office certified 4,128 signatures, 128 more than needed to put Nader and his vice presidential running mate, Peter Camejo, on the ballot. That number was since revised to 4,124.

In her report, Flynn found there was insufficient cause to invalidate those signatures based on the Democrats’ claims.

Maine Democratic Party chairwoman Dorothy Melanson, whose challenge was funded by the Democratic National Committee, said she was disappointed with the recommendation, but reserved further comment until she had a chance to review the findings with her lawyers.

“I imagine there will be a serious conference call tomorrow,” she said.

Democrats, anticipating a close election, have tried to knock Nader off the ballot in battleground states, with varying degrees of success.

Most recently, Nader lost his ballot status in Pennsylvania and Missouri after Democratic challenges.

Many Democrats blame Nader in part for their 2000 defeat to President Bush. They argue Nader’s appearance on the ballot, particularly in New Hampshire and Florida, handed the election to Bush by siphoning off votes from Democrat Al Gore, who lost both states by a combined 7,748 votes out of more than 6.5 million cast.

In those states, Nader, running as the Green Party nominee, received nearly 120,000 votes.

In Maine, which Gore won in 2000, Nader received 6 percent of the vote, doing equally well in each district and turning in one of his best statewide showings.

Among their contentions, Maine Democrats cited an error on the vast majority of the Nader petitions, which include the incorrect first name for one of the four electors who would cast Electoral College votes for the independent.

Instead of Joseph Noble Snowdeal, 477 of the 479 petitions mistakenly read John Noble Snowdeal.

In her report, Flynn found there was no evidence to suggest the error caused confusion among those signing the petitions.

Democrats also contended the petitions should be invalid because Camejo failed to unenroll from the Green Party and was therefore ineligible to run as an independent.

Flynn found the unenrollment requirement did not apply to presidential and vice presidential candidates.

On the use of deceit to gather signatures, Flynn found no evidence to suggest petitioners deliberately concealed the portion of the petition stating the candidates’ names.