Louisville rep disqualified from ballot before election, she plans to challenge decision

The Kentucky Court of Appeals has disqualified state Rep. Nima Kulkarni from the ballot in her House of Representatives primary with Election Day less than a week away.

However, the Louisville Democrat said she’s taking it up with the Kentucky Supreme Court.

In a unanimous opinion released Wednesday, the appeals court said Kulkarni’s filing paperwork rendered her candidacy invalid since one of the required witnesses was a registered Republican at the time she signed the form, rather than a Democrat as required by state law.

Kulkarni, an attorney by trade, told the Herald-Leader she is “absolutely” going to challenge the court’s ruling.

Early voting begins Thursday and lasts through Saturday, and Election Day is Tuesday.

However, Kulkarni can still seek emergency relief with the Kentucky Supreme Court.

Kentucky House of Representatives.
Kentucky House of Representatives.

“The Court of Appeals got it wrong and ignored major components of the law, disenfranchising voters a day before early voting begins,” Kulkarni said. “We are absolutely fighting this unjust decision.”

The Court of Appeals reversed a previous decision from Jefferson Circuit allowing her candidacy to hold.

The case against Kulkarni was brought by Dennis Horlander, a former state representative who Kulkarni unseated in 2018.

“I applaud the Court of Appeals for immediately reviewing this appeal. This shows how quickly our justice system can work and that it does work,” Steven Megerle, Horlander’s attorney said. “The Court of Appeals found what we had argued all along, that Republicans cannot nominate Democrats in partisan primaries and vice versa. ... This decision upholds the closed primary system that Kentucky has had.”

If the ruling holds, it would make Democrat William Zeitz the presumed nominee and representative. Zeitz is the only other person who filed in time to make the ballot in November.