Vote 'None of the Above'?

Via the August 4-11 issue of The Week, from an AP article of the same title by by Beth Rucker:

A gubernatorial and U.S. Senate candidate felt so strongly about giving voters a "None of the Above" choice that he made it his middle name. Now, David "None of the Above" Gatchell is challenging the State Election Commission in court to get his middle name on the Nov. 7 ballot. Gatchell, a software developer from Franklin, 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. The issue was so important to him that he decided to change his middle name in August from Leroy to None of the Above... Tennessee election officials approved his petition to be on the ballot as an independent in both races, but in April the State Election Commission voted 5-0 to exclude his middle name from the ballot. A state law passed after Byron (Low Tax) Looper ran for state Senate in 1998 says if four or more members of the election commission vote that a candidate's name or part of the name is confusing or misleading, they may either omit the confusing or misleading portion of the name or require further information about the candidate be included on the ballot. Looper, who had his legal name changed to include (Low Tax), is now in prison for murdering his opponent, Sen. Tommy Burks on Oct. 19, 1998. Gatchell is suing the election commission to have None of the Above included on the ballot.

Another AP story by Erik Schelzig reported:

A man running for governor and the U.S. Senate does not have the right to use his middle name, "None of the Above," on the November ballot, a court ruled Friday... Gatchell, who changed his middle name from Leroy, said he planned to appeal. He argues that a number of state gubernatorial candidates - such as Walt "Combat" Ward and Carl "Twofeathers" Whitaker - have been allowed to include their nicknames on ballots, and that his middle name has been widely reported by news media and is known across the Internet.