Keith Russell Judd, Idaho's third-most-popular Democrat running for president, has made a last ditch effort to win some delegates.
The federal inmate, who appeared next to Sens. Barack Obama and Hillary Clinton on Idaho's (and only on Idaho's) Democratic presidential ballot last month, is suing the Idaho Democratic Party.
Idaho Secretary of State Ben Ysursa approved Judd for the Democratic ballot when he sent in the required $1,000 check. Ysursa has said that he had no legal reason to exclude Judd.
Judd now argues that the Feb. 5 Idaho caucuses were unconstitutional and that the party should use the results of the May 27 primary election instead. Judd, who remains imprisoned at a minimum security federal prison in Beaumont, Texas, mailed his complaint to Ada County District Court on April 22, anticipating a win on May 27. He was confident of beating both Clinton and presumptive nominee Obama based on reports from unnamed "television broadcasters," according to the "emergency election injunction" complaint he filed.
Judd did receive 734 votes in Idaho on May 27, nearly 2 percent of the total.
His lawsuit did not arrive in Ada County district court until June 2, according to a date stamp. It is before Judge Deborah Bail, who at press time had not yet reviewed the case.
Idaho Democratic Party spokesman Chuck Oxley said the party's delegate selection plan was completed in 2006 and anyone who wanted to participate could have spoken up then.
"We have a selection plan that is approved by the DNC [Democratic National Committee] and that is what we go by," Oxley said.
That plan was implemented on Saturday in Boise at the state convention, where a slate of delegates to the August convention in Denver was chosen.
Judd cites the National Voter Registration Act, the Help America Vote Act, the Voting Rights Act and Articles I and II of the U.S. Constitution in his claim.