updated 8/14/2006 4:49:44 AM ET 2006-08-14T08:49:44

A Tennessee court has ruled that a U.S. Senate candidate can't use his middle name on the ballot. The middle name is "None of the Above."

The court ruled that David Gatchell doesn't have the right to use a middle name. Gatchell, who changed his middle name from Leroy, says he plans to appeal.

He argues that a number of state gubernatorial candidates — including Walt “Combat” Ward — have been allowed to include their nicknames on ballots.

He ran as an independent in the 2002 governor’s race on the platform that Tennessee election ballots should include a "None of the Above" choice for voters who don't care for any of the candidates. He won less than one percent of the vote.

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