Kucinich seeks to get on Texas ballot
on Jan 17, 2008 at 5:11 pm
Democratic presidential candidate Dennis J. Kucinich, a member of the House from Ohio, on Thursday asked the Supreme Court to clear the way for him to get on the March 4 presidential primary ballot in Texas without having to sign a “loyalty oath.” In an application (07A593) filed with Justice Antonin Scalia as Circuit Justice, Kucinich, joined by supporter Willie Nelson, the country singer, sought a temporary order to bar enforcement of the state Democratic party’s required oath.
Kucinich, in filing to get on the March 4 Democratic ballot, crossed out a line on the filing papers that required him to swear that he would “fully support the Democratic nominee for President, whoever that shall be.” Kucinich contends that the oath requirement violates his constitutional rights to free speech and to gather support for his candidacy. Because of his refusal, the state Democratic Party declined to accept his application. Kucinich and Nelson then sued.
U.S. District Judge Lee Yeakel of Austin refused on Jan. 11 to bar enforcement of the oath requirement and to order Kucinich listed on the Democratic primary ballot. In an order Tuesday explanining the refusal, the judge said that a ban on enforcement would prevent the printing of ballots to be given out to absentee voters outside the U.S..
Earlier Thursday, the 5th Circuit Court also refused to bar the enforcement of the loyalty oath pending an appeal by Kucinich to the Supreme Court.
