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In a blow to the reelection hopes of Republican Sen. Pat Roberts, the Kansas Supreme Court on Thursday struck the name of a Democratic challenger from the November ballot, pitting the embattled incumbent against a well-funded and surging independent candidate.

Democrat Chad Taylor, a district attorney from the Topeka area,exited the race this monthin a move that put independent businessman Greg Orman into a one-on-one race against Roberts. But the state's Republican secretary of state, Kris Kobach, declined Taylor's request to have his name removed from the ballot on technical grounds, prompting court action.

Taylors attorney argued this week that the Democrat complied with the law when he quit the Senate race, citing language Taylor used in a letter announcing hiswithdrawal.

In the court's 10-page ruling, it said the "plain meaning" of the language used by Taylor "effectively declares he is incapable of fulfilling the duties of office if elected."

Democrats accused Kobach of playing partisan politics, hoping to weaken Orman's challenge by keeping Taylor's name on the ballot and potentially splitting the anti-Roberts votes.

Roberts struggled through a difficult primary against a tea party challenger and has suffered from perceptions he had grown detached from the state after more than 30 years in Washington. With some polls showing Roberts in serious trouble, the National Republican Senatorial Committee enlisted a team of staffers this month to travel to Kansas to work on his campaign.

"This is not only a travesty to Kansas voters, but its a travesty to the judicial system and our electoral process," Corry Bliss, Roberts' campaign manager, said in a statement Thursday calling the court one comprised of "liberal activist" judges.

The majority of the justices on the court were appointed by Democratic governors.

In a news conference this week, Kobach told reporters that state law allowed him the right to appoint a replacement for the Democrat, though he did not say if he would do so. Following the ruling Thursday, Kobachsaid he would give the Democratic Party the opportunity to appoint its own successor by Sept. 26- an announcement ignored by party officials, who applauded the ruling.

Democrats now have a clear legal obligation to name a candidate to fill the vacancy on the ballot,said NRSC spokesman Brad Dayspring.

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In blow to GOP, Kansas Supreme Court affirms Democrat's ballot exit

The Kansas Supreme Court ruled Thursday that Democrat Chad Taylor's name must be removed from the ballot for U.S. Senate, dealing a blow to Republicans in the battle for the Senate majority.

In a 10-page ruling, the court ruled that when Taylor ended his Senate campaign, he fulfilled all of the requirements to have his name taken of the ballot. In doing so, they overruled Secretary of State Kris Kobach (R), who argued Taylor's name must stay on since he never explicitly said he was incapable of serving.

The court wrote that "that the uncontroverted contents of Taylor's September 3 letter timely satisfy the statutory requirements for withdrawal."

Kobach said that he would extend the deadline for overseas absentee ballots to be printed and demanded that the state Democratic Party nominate a replacement for Taylor. It wasn't immediately clear whether the party would do so.

The court's ruling is a setback for vulnerable Sen. Pat Roberts (R) because it enables his main opponent to pursue anti-Roberts voters without serious competition.

Long seen as a safe Republican hold, Kansas has suddenly become competitive in recent weeks, amid struggles by Roberts. Republicans need to gain six sets to win the majority. A GOP loss in Kansas could be a devastating setback.

In a statement, Roberts campaign manager Corry Bliss blasted the court's ruling and charged it was politically motivated.

"This is not only a travesty to Kansas voters, but its a travesty to the judicial system and our electoral process," said Bliss.

Roberts's main challenger is independent candidate Greg Orman. Had Taylor's name stayed on the ballot, the Democrat could have drawn anti-Roberts votes that would probably otherwise go to Orman.

Some Democrats unaware that Taylor ended his campaign might have voted for him if his name was on the ballot simply because of his party affiliation.

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Court orders Democrat Chad Taylor off Kansas ballot, dealing blow to GOP

Kansas must remove the name of the Democratic candidate for U.S. Senate from the ballot, the state Supreme Court ruled Thursday in a decision that could hinder three-term Sen. Pat Roberts' re-election in November and hurt Republicans hoping to win a Senate majority.

The court's unanimous decision means Roberts could be left with one major opponent, independent Greg Orman. Democrats believe Orman has a better shot at defeating the 78-year-old than their own former candidate, Chad Taylor.

Republicans need a net gain of six seats to take the Senate majority from Democrats, and Kansas is one of about a dozen races nationally that could determine the outcome. Recent opinion polls suggested Roberts may be vulnerable in a head-to-head race with Orman, a 45-year-old Olathe businessman and co-founder of a private equity firm.

Secretary of State Kris Kobach, a Republican and strong Roberts supporter, had refused to remove Taylor's name from the ballot, saying the Democrat's formal letter didn't comply with a law limiting withdrawals. The Supreme Court concluded that it did, even though Taylor didn't spell out his reasons for exiting the race something Kobach said was required.

Kobach said afterward that state law still obligates Democrats to pick a new nominee. Kobach set a noon Sept. 26 deadline, citing a law that says party committees "shall" fill candidacy vacancies. He pushed back the deadline for printing ballots a week, to later that same day.

"At this point, I am assuming that the Democrat Party will comply with the law," Kobach said at a news conference.

The court specifically avoided answering the question of whether Democrats must pick a new nominee. Within minutes of its ruling, an attorney for David Orel, a disgruntled Democratic voter from Kansas City, Kansas whose son works on GOP Gov. Sam Brownback's re-election campaign filed a new petition with the high court to force Democrats to name a candidate.

State Democratic Party Chairwoman Joan Wagnon did not immediately return telephone messages Thursday evening, but she's said previously that the party doesn't expect to pick a new nominee.

And Pedro Irigonegaray, a Topeka attorney representing Taylor, said Kobach is "absolutely wrong" about Democrats being required to name a new nominee.

"I would suggest that Mr. Kobach pay attention to the duties of his office and stop wasting state money on a political effort going nowhere," he said.

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Kansas Court: Remove Democrat From Senate Ballot

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