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KUCINICH v. TEXAS DEMOCRATIC PARTY

No. 08-50038.

563 F.3d 161 (2009)

Dennis J. KUCINICH; Kucinich for President 2008, Inc.; Willie Nelson, Plaintiffs-Appellants, v. TEXAS DEMOCRATIC PARTY; Phil Wilson, Individually and in his official capacity as Secretary of State; Boyd L. Richie, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 2009.

Attorney(s) appearing for the Case

Donald J. McTigue (argued), McTigue Law Group, Columbus, OH, Joseph Andrew Turner, Law Office of Joseph A. Turner, Austin, TX, for Plaintiffs-Appellants.

Chad Wilson Dunn (argued) and Kembel Scott Brazil, Brazil & Dunn, Houston, TX, for Texas Democratic Party and Boyd L. Richie.

Kathlyn C. Wilson, General Litigation Div., Austin, TX, for Phil Wilson.

Before JONES, Chief Judge, and OWEN and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

This appeal addresses the constitutionality of a Texas Democratic Party rule that requires prospective presidential candidates to swear that they will "fully support" the party's presidential nominee, "whoever that shall be," in order to qualify for the primary ballot. Former candidate Dennis Kucinich ("Kucinich") and his supporters urge that the oath is unconstitutionally vague and unduly burdens their respective rights to qualify for...

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