Cox said Fox did a poll of candidates registered to appear on the South Carolina primary ballot to determine who would be in the debate, and even though Cox actually finished first in one independent South Carolina county straw poll and placed second in another, he was left off the roster.
Cox said in the Fox poll, he actually was ahead of Jim Gilmore and Ron Paul. He said he was fifth against other candidates in an IowaPolitics.com survey.
"So, what did Fox do? They changed the rules, throwing out their poll and using new criteria that allowed their chosen 10 to participate while excluding Cox," his campaign said.
Cox did file a law suite against Fox News that he lost, he will be present in the audience despite not be permitted to be allowed in the debate.