The Texas primaries are scheduled for March 4, but the Texas Democratic Party and a federal judge will not allow Ohio Congressman Dennis Kucinich's name to appear on the ballot.
Kucinich and singer Willie Nelson sued the Texas Democratic Party after the candidate was not allowed on the ballot for his failure to sign an oath on the application that requires a candidate to "fully support" the Democratic Party's presidential nominee.
Kucinich's attorney Donald McTigue said co-plaintiffs Kucinich and Nelson filed an appeal Monday to the 5th U.S. Circuit Court of Appeals in New Orleans.
U.S. District Judge Lee Yeakel on Jan. 11 upheld the Texas Democratic Party's refusal to allow Kucinich on the Democratic primary ballot.
McTigue said Yeakel used a balancing test on the case.
"He said that he felt that the burden imposed on the First Amendment rights was outweighed by the interest of the party," McTigue said.
Hector Nieto, deputy communications director for the Texas Democratic Party, said Kucinich scratched out and refused to sign the part of the oath in question. Nieto said the congressman submitted his application by the
Jan. 2 deadline and was contacted immediately regarding the failure to sign.
When the Texas Democratic Party informed him that not signing would result in removal from the ballot, Kucinich still declined, Nieto said. He said the party's chairman does not have the authority to change the rules for one person.
"It is unfortunate," Neito said. "We wish we could have him on the ballot."
He said Kucinich signed the oath during his candidacy for the presidency in 2004.
"The Texas Democratic Party has specific rules and regulations that candidates must follow in order to be placed on the ballot for the Texas primary," he said.
Nieto said the rules were set up at the state convention and later approved by the Democratic National Committee. The oath in question has been part of the application for more than 30 years.
Kucinich can try to change the rules at this June's convention if he wishes to run again in 2012, Nieto said.
Former Sen. John Edwards and Sens. Hillary Clinton and Barack Obama filed for the 2008 Texas Democratic Primary ballot by the deadline, according to the Texas Democratic Party's Web site.
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