AUSTIN, Texas -- Is Texas' U.S. Senate race even really a race? Or is it a foregone conclusion for Republican Ted Cruz?

Democrat Paul Sadler says his tea party-backed opponent is too extreme and that he'll prove it during a pivotal debate Tuesday night in Dallas.

It could bolster his otherwise long-shot campaign.

Sadler plans to press Cruz on his support of building a fence stretching Texas' entire border with Mexico. He also says Texans don't support Cruz's calls to abolish the U.S. Department of Education or wipe all of the White House-backed health care reform law.

Cruz has refused to respond to Sadler's charges. Cruz spokesman Sean Rushton called the debate, "another opportunity to champion the voices of thousands of Texans who want Washington to stop spending money we don't have."

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AUSTIN, Texas - The Libertarian candidate for Texas' open U.S. Senate seat has filed a federal complaint saying he was unfairly excluded from a debate between Republican Ted Cruz and Democrat Paul Sadler.

Cruz and Sadler meet Tuesday night in a debate hosted by WFAA in Dallas. They are seeking to succeed retiring Sen. Kay Bailey Hutchison.

Libertarian John Jay Myers alleges in a Sept. 25 complaint to the Federal Communications Commission that WFAA's criteria for inviting candidates was based on "partisan favoritism."

Myers says the station told him it used five criteria, including holding previous elected office. He says Cruz doesn't meet all the requirements.

Cruz was appointed state solicitor general, serving from 2003 until 2008. Sadler is an ex-state representative.

Myers plans to respond to his opponents' debate comments via YouTube.