This one's a doozy, and I haven't seen anything about it anywhere.
On March 1, 2012, Gregory Ackers, of Austin, Texas, filed a pro se Complaint in Federal Court in South Bend, Indiana, asking the Court to certify a class action on behalf of every voter in the United States, and demanding taht the St. Joseph County Democratic party pay $10.6 billion (yes, Billion) in damages.
Do I have your attention? Okay, jump past the squiggle for more.
Ackers summarized his action, stating "Defendant has violated voter registration fraud regulations, as well as conpsiracy against rights."
So what are the actual claims?
Count I. Defendant illegally placed manufactured & or uncertified onlo a PRESIDENTIAL PRIMARY PETITION viol. 42 USC 1973i(c) signatures onto a PRESIDENTIAL PRIMARY PETITION viol. 42 USC 1973i(c), therby commissioning VOTER REGISTRATION FRAUD.
As for the specific supporting facts, he stated:
This specific PRESIDENTIAL PRIMARY PETITION was manufactured by Dfdt. St. Joseph Co. (Ind) Democratic Pty in the Month of Oct. 2008.
Oh my, where to start? Okay, let's start with Fed.R.Civ.P. 9(b), which requires allegations of fraud to be plead "with particularity," meaning "the who, what, when, where, and how" of the alleged fraud.
Do you see a who? Not a general who, a specific who, as in 'who are you actually saying did this?' Nope. Neither do I.
How about a what? Nope. A general statement, but not specific.
When? I'll give him the when.
Where? Not really, not with enough specificity.
How? That's the big one and it just ain't there.
But wait. Are there other matters to consider? Well yes, of course there are. You see, 42 USC 1973i(c) says this:
(c) False information in registering or voting; penalties
Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.
Do you see the part about fines and prison? That's a criminal statute. It's up to the government to enforce that statute. It doesn't create a private cause of action. That means it doesn't give a private citizen the right to sue for a breach.
What else?
Count II. Within CLAIM or (COUNT)2 Dfdt has engaged in "CONSPIRACY AGAINST RIGHTS" by abrogating 18 USC 241. Pltfs. maintain that "2 or more persons conspired to injure, oppress, threten or intimidate the free exercise of any rights secured by the cosntitution or laws of the U.S., whose cosntitution avows "right of all citizens to vote."
And the supporting facts?
In re; CAUSES OF ACTION Dfdts viol. election rule 42 USC 1873i(c) (false info.) This statute prohibits giving "false" info to election offc for purpose of est. elibigility to register to vote or to vote.Dfdt deceptively falsified signatures onto a PRESIDENTIAL PRIMARY PETITION for (then Sen.) Barack Obama (a Democrat) during the mo. of Oct. 2008.Plaintiffs also alleg viol. of 18 USC 241 "CONSPIRACY AGAINST RIGHTS" (see Anderson V.U.S.)
Oh gosh. This is just as bad. Once again the claim requires pleading with particularity and utterly fails. And once again, it is based upon 42 USC 1873i(c), which gives no private right of action.
How about this 18 USC 241? Here you go:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Once again, this is a criminal statute and offers no private right of action.
But I have yet to get to the punchline. Ready? Here you go.
REQUEST FOR RELIEF
I request the following relief:
DAMAGES: The entire cost of 2008 Presdtl Election was 5.3 Billion $s according to THE CENTER FOR RESPONSIVE POLITICS; a pvt., non-partisan group involved in reporting election costs. 2008 Presdtl Election was subverted by Dfdts thrgouh FRAUD,FORGERY & viol. of Pltfs CIVIL RIGHTS.Pltfs. pray to dist. for 5.3 Billion & in COMPENSATORY DAMAGES & 5.3 Billion $ in PUNITIVE DAMAGES.Pltfs demand damages be paid by Dfdt. jointly,severally & individuall to class .Pltfs pray for CLASS CERT. & JURY TRIAL within dist. Pltfs also pray for costs of attys & fees.
All the abbreviations, capitalizations, and spacing errors are in the original.
I suspect the Defendant will not even be required to answer, that this will be dismissed by the Court sua sponte. Before it disappears, though, I thought everybody might like to get a peek at the newest in Republican insanity. Also, I wonder if the same case has been filed by this guy anywhere else in the country.