Blankenship ballot bid denied by state Supreme Court

CHARLESTON, W.VA. » The state Supreme Court on Wednesday denied a lastminute bid by former coal CEO Don Blankenship to get his name on the ballot in November’s U.S. Senate race in West Virginia.

The court upheld a decision by the secretary of state denying Blankenship’s application for a third-party candidacy.

“The West Virginia Secretary of State is ordered to take whatever measures are necessary to ensure that Donald L. Blankenship does not appear on the 2018 General Election Ballot for the Office of United States Senator for the State of West Virginia,” the decision said.

The court itself is in a state of upheaval. One of the judges hearing the case Wednesday was filling in for a suspended justice, and two sat in for judges who retired after lawmakers voted to impeach them over allegations of improper use of court funds.

The justices issued the decision in the form of an order, rather than an opinion that would have laid out how each one voted and included comments from a majority ruling.

In a statement, Blankenship thanked his supporters and said he will evaluate his next step with his attorneys, which could include an appeal.

“For those who believe in democracy, it is a frightening decision,” he said. “Americans desperately need to pay attention as the politicians continue to move voters to the sidelines and out of the election process.”

Secretary of State Mac Warner had blocked Blankenship’s bid to run as the Constitution Party’s nominee, based on the state’s “sore loser” law. It prohibits major-party primary candidates who lose from switching to a minor party. Blankenship finished third in the Republican primary in May.

Warner said in a statement that the decision “puts the issue to rest and allows voters going to the polls to know with certainty who will be on the ballot.”

He said it also validates the sore loser law, “ending any chance for those candidates thinking they will have endless bites at the same apple.”

West Virginia Wesleyan political history professor Robert Rupp said he wasn’t surprised by the ruling, which along with the “sore loser” law “is just evidence that they’re not going to open up the system and make it easier and acceptable to those who want to run for office.”