By Kevin Murphy
KANSAS CITY Kan. (Reuters) - Kansas election officials must remove the name of the Democratic candidate for U.S. Senate from the November election ballot, the Kansas Supreme Court ruled on Thursday in a decision that could help decide which party will control the chamber.
Democrat Chad Taylor properly withdrew from the race when he submitted papers two weeks ago and Kansas Secretary of State Kris Kobach is ordered not to include him on the ballot, the state supreme court ruled.
Taylor's candidacy was being watched nationally because Republicans are trying to gain control of the Senate in the Nov. 4 elections and had counted on incumbent Senator Pat Roberts winning.
Taylor's withdrawal leaves Roberts and independent Greg Orman as the two main candidates. If Democrats do not have to list a candidate, it could shift votes to Orman.
Kobach, a Republican who said politics played no role in his ruling, said Democrats must name a new candidate by noon Sept. 26. He had said under state law that a replacement was required and the supreme court did not address that argument on Thursday.
"I was disappointed in the decision but now we move on," Kobach said in an interview, adding that he would explore legal options if Democrats do not comply.
Roberts' campaign manager alleged on Thursday that Democrats conspired nationally to pressure Taylor to remove himself from the ballot and the supreme court acted politically in a ruling that disenfranchised Kansas voters.
"This is not only a travesty to Kansas voters, but it's travesty to the judicial system and our electoral process," Bliss said in a statement.
The decision was unsigned. Four of the state supreme court justices were appointed by a Democratic governor, two by a Republican and there is one vacancy on the court.
"No matter who's on or off the ballot, Greg Orman is running as an independent against the broken system in Washington that has failed Kansas and failed America," Orman's campaign manager, Jim Jonas, said on Thursday.
Kobach had said Taylor failed to comply with state law when he withdrew his candidacy because he did not specifically state that he would be incapable of serving in the Senate if elected.
Taylor, the Shawnee County district attorney, said politics motivated Kobach's decision and a specific statement was not necessary as long as he cited the correct state law. The court agreed.
(Reporting by Kevin Murphy; Editing by Sandra Maler, Eric Walsh and Mohammad Zargham)