Kucinich files lawsuit

http://www.elpasotimes.com/ci_7867042

Kucinich files lawsuit after party denies him place on ballot
The Associated Press
01/02/2008

AUSTIN—Democratic presidential candidate Dennis Kucinich, along with supporter Willie Nelson, have filed a lawsuit to get Kucinich on the ballot in Texas after they say the Texas Democratic Party rejected his application.

The civil lawsuit was delivered late Wednesday afternoon to U.S. District Court for the Western District of the United States, Kucinich spokesman Andy Juniewicz said late Wednesday evening.

The lawsuit says that Kucinich was informed by the Texas Democratic Party on Wednesday that his application was "defective" because he crossed out a loyalty oath in the application that said he would swear to support whoever the Democratic nominee for president might be.

The lawsuit asks that a temporary restraining order be issued to stop the Texas Democratic Party from certifying to the Texas Secretary of State a list of candidates and to restrict the secretary of state from accepting any list that doesn't include the name of a qualified candidate who refuses the loyalty oath.

Kucinich, a congressman from Ohio, also wants the court to declare that the oath requirement violates the First Amendment and the 14th Amendment in the Constitution.

"He's right to challenge a blind loyalty oath to the Democratic Party because it's un-American," Willie Nelson said in a news release from the Kucinich campaign.

Calls for comment made to the Texas Democratic Party and the secretary of state's office after business hours on Wednesday were not immediately returned.