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People often pick "none of the above" on a multiple-choice test, however, at least one person thinks it can be right.

David Gatchell, who is running for U.S. Senate and Governor of Tennessee, wants to give voters the option of rejecting candidates. So, in 2005 he legally changed his middle name from Leroy to "None of the Above."

It is even on his driver's license - at least most of it is. It reads "David None of th Gatchell."

"That's all the letters their computers could hold," said the 59-year-old software developer. "They weren't able to put in the quotation marks, either."

The state election commission has a problem with the middle name as well. In April the commissioners unanimously decided to bar his middle name from the ballot. They said the name would be confusing and misleading to voters.

Gatchell took the case to court in August, but a state judge ruled against him. Gatchell does not think he got a fair shake. He said that the judge didn't even listen to his arguments and had already prepared her decision.

"It's not possible for me to get a fair judgment in state court because the judges are partisan politicians, and both parties don't like NOTA," he said.

Gatchell thought of the "NOTA" idea in 2001 because he was frustrated with having to decide between two candidates he did not like.

"I was convinced that I was the smartest person in the world," Gatchell said. "Until I Googled the idea and found out I wasn't the first person to think of it."

William White, Director of Voters for None of the Above, founded the organization in 1996, but he doesn't claim he came up with the idea.

According to White, the way NOTA would work would be simple. "NOTA: A New Election" would appear at the bottom of the ballot. If NOTA received more votes than any of the candidates, no one is elected. Instead, a follow-up special election is held with new candidates. NOTA would remain on the ballot in the special election.

White said NOTA would help improve voter turnout, end must-hire elections where people are forced to vote for the lesser evil, and reduce negative campaigning.

However, White said the fundamental issue of voter consent is the foundation of NOTA.

"The basic idea of democracy is that the government must obtain consent of the governed," White said. "English common law says that all legitimate consent must include the ability to withhold consent."

According to White, courts have supported this idea by stating that a proposal must be able to be answered with a yes or a no.

"Simply giving people the choice between plan A and plan B does not allow them to reject both of them," White said.

Gatchell's catchy middle name might not be on the ballot, but it is catching on with people he meets.

"Almost everyone I talk to think it ought to be an option," he said. "They may never use it but they think it should be the option."

Gatchell said he is not the first Tennessee candidate to run for two offices at the same time (John Hooker), or change his middle name to a political slogan (Byron "Low Tax" Looper). However, he is doing things differently.

He isn't even sure if he will vote for himself for Senate and he said if he wins either race he will resign immediately following a follow-up election.

Politicians from both parties should be on the lookout for NOTA, but not there is no reason to fear David "None of the Above" Gatchell.

"I promise I won't murder any of my opponents," he said.


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