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Kansas Democrat Chad Taylor, who quit the U.S. Senate race there on Sept. 3, has found his exit blocked by a Republican who wont let him off the ballot.

Republican Secretary of State Kris Kobach rejected Taylors withdrawal letter as deficient, forcing the Democrat to stay in the contest where he could siphon votes from independent Greg Orman, who is running neck-and-neck with Republican incumbent Pat Roberts.

Taylor has sued to be removed from the ballot, which must be finalized by Sept. 19. The Kansas Supreme Court is scheduled to hear arguments today in Topeka.

The court battle comes as Republicans fight for a net gain of six seats in the Nov. 4 election that would give them control of the U.S. Senate. Democrats now hold 55 seats and are defending 21 of them. Republicans are defending 15 seats.

Roberts, whos held his post since 1997, trailed Orman 37 percent to 36 percent, according to SurveyUSA poll results released Sept. 8, in which voters were asked how they would vote knowing Taylor no longer wants to run yet will remain on the ballot. Ten percent said theyd vote for Taylor.

By keeping my name on the ballot despite my explicit and timely withdrawal, the Secretary of State is conscripting me to run for office, in violation of my First Amendment rights, Taylor said in court papers.

A state prosecutor in Kansass Shawnee County who struggled to raise money in the race, Taylor claims his withdrawal letter was approved by an official in Kobachs office before being rejected by the secretary of state.

Lawyers for Kobach said in court papers that the Democratic nominee failed to declare hes incapable of fulfilling the duties of the office if elected, as required by law, making his withdrawal letter ineffectual.

The letter was delivered to Kobachs office in the late afternoon of Sept. 3, the last day Taylor could legally drop out of the race, according to the secretary of states lawyers. The court said it will hear 20 minutes of argument from each side.

The case is Taylor v. Kobach, 14-112431-S, Kansas Supreme Court (Topeka).

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Kansas Senate Race Dropout Sues to Get Name Off Ballot