Judge throws out lawsuit to reinstate Kurita

By: By ERIK SCHELZIG
By: By ERIK SCHELZIG

NASHVILLE, Tenn. (AP) -- A federal judge has thrown out Democratic state Sen. Rosalind Kurita's bid to be restored as her party's nominee.

U.S. District Court Judge Robert Echols dismissed Kurita's lawsuit against the state Democratic Party's executive committee for voiding her primary win.

Kurita's lawyers had argued that the process of replacing her on the ballot with Clarksville attorney Tim Barnes was unconstitutional.

Attorneys for the state and the Democratic Party argued in court last week that Tennessee law and previous legal opinions have determined that the sole responsibility for deciding nominees lies with the parties.

Kurita has mounted a write-in campaign to recapture the Senate District 22 seat that represents Montgomery, Houston and Cheatham counties. There is no Republican running.

(Copyright 2008 by The Associated Press. All Rights Reserved.)


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