LOUISVILLE, Ky. — The Kentucky Supreme Court has confirmed state Rep. Nima Kulkarni’s disqualification from the May primary, but who will run for House District 40 in November is unknown.

State law requires two members of the same party to sign the nomination papers and one signature on Kulkarni’s paperwork didn’t meet that requirement. According to the Aug. 22 ruling, Sharon LaRue and Catherine Ward signed Kulkarni’s nomination paperwork under oath as registered voters of the Democratic party. When she signed the document, LaRue was a registered Republican.

The Court allowed Kulkarni’s name to remain on the May primary ballot while it evaluated her eligibility. On June 6, the Supreme Court ruled an appeals court was correct to disqualify Kulkarni from running in the primary. Kulkarni moved for discretionary review and the Court issued the order Thursday to explain their ruling.

Kulkarni. D-Louisville, won nearly 80% of the vote in the primary, defeating a lone challenger, William Zeitz, a truck driver with no political experience. Kulkarni’s candidacy had been contested by Dennis Horlander, a former Democratic state representative. She beat Horlander in the 2018 primary and again in 2020. Secretary of State Michael Adams, R-Ky., did not certify the results of the District 40 race because his office needed to determine if Kulkarni was an eligible candidate.

The state Supreme Court ruled Kentucky law says candidates must make sure they meet all the requirements to be put on a ballot. The court says Kulkarni did not comply with the signature requirement and added “we must conclude the failure to do so is fatal to her candidacy.”

After the ruling, Secretary Adams released a statement saying, “Today, in Kulkarni v. Horlander, the Supreme Court of Kentucky stated, ‘the effect of the disqualification of a candidate subsequent to the election is that no election has occurred and the true and legitimate will of the people has not yet been expressed.’ I take this as a directive to me to certify that a vacancy exists in the nomination for state representative in the 40th District. I intend to permit the Democratic and Republican Parties to nominate candidates for this office, and give the people a choice.”

Horlander’s attorney, Steven Megerle, says there is no way Kulkarni should be allowed to appear on a November ballot. He told Spectrum News her disqualification should prevent her from being nominated or be allowed to run. Megerle cited KRS 118.345 which says, in part, “No candidate who has been defeated or disqualified for the nomination for any office in a primary shall have his or her name placed on ballots…” 

Megerle said, “If a candidate can be disqualified by eight appellate court judges and turn around and be nominated again, what the hell do we have courts for?”

He went on to say he the Supreme Court's decision isn't final yet and he anticipates Jefferson circuit court will clarify the issue with directions on what steps the parties will need to take to proceed.

Kulkarni's attorney, James Craig said in a statement to Spectrum News, "We appreciate the Secretary’s swift work, which the voters of District 40 deserved. Notwithstanding today’s decision, Rep. Kulkarni remains eligible to seek her party’s nomination after the declaration of a vacancy, and she intends to seek the nomination."

A spokesperson for the Democratic Caucus said, “While we are still reviewing the Supreme Court’s opinion and corresponding decision by the Secretary of State, we are concerned about giving Republicans a chance to be on the ballot when their party didn’t field a single candidate before the early January filing deadline. Whatever happens going forward, we remain committed to making sure voters of this district have someone who best represents them for the next two years.”