Kucinich Files Lawsuit Against U.S. District Court
Posted: Jan 3, 2008 06:27 AM MST
Thursday, Democratic presidential hopeful Dennis Kucinich found out he's off the Texas ballot. That's because the Texas Democratic Party said his application was "defective."
There was a hearing in federal court about this controversy around 11 a.m. Thursday.
On the application, candidates must sign an oath that requires them to support the Democratic nominee, whoever that shall be.
Kucinich crossed out that section. The Texas Democratic Party said it contacted the Kucinich campaign, and they told them he would sign it on the condition that the nominee pledge not use war as part of foreign relations.
It turns out the chairman of the Texas Democratic Party does not have the authority to allow such a change, because the Democratic Executive Committee and the Democratic National Committee approve the applications.
Since Kucinich did not resubmit his application by the deadline, he has been taken off of the Texas primary ballot. It doesn't end there.
Kucinich, along with his faithful supporter Willie Nelson, have filed a civil lawsuit with the U.S. District Court, requesting a temporary restraining order, charging that such a "blind loyalty oath" is a violation of the 1st and 14th amendment.
The chairman of the Texas Democratic Party said the oath is there for a reason.
"I think it's important for party unity. I think it's important for association of people of like minds, so that we don't have a situation where you've got someone who says, 'Well, I'm going to take advantage of running under your banner,'" said Texas Democratic Party chairman Boyd Richie.
"He basically set out that we'll stipulate to the evidence. There's not really a lot of discrepancy on what happened here or what the facts are, so he's just going to give us an opportunity to brief it, and then he'll make a ruling next week," said Kucinich's attorney Joe Turner.
Except for Kucinich's refusal to sign the oath, his application is in compliance with the state's party requirements.
The Texas Democratic Party, however, said he signed it without problem in 2003.
The Kucinich campaign is now waiting to hear when the U.S. District Court will hear arguments on its requested temporary restraining order.
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