As noted earlier, on September 17 a Kentucky state court ruled that Libertarian candidate Edward Martin should remain on the ballot as a candidate for U.S. House, 3rd district. On September 23, the man who had challenged Martin’s ballot status filed an appeal in the State Court of Appeals. Cummings v Martin.
The issue is Martin’s voter registration. He is a registered Republican, even though he is a dues-paying member of the Kentucky Libertarian Party and is the party’s choice to run for Congress. Kentucky law says an independent candidate must not be a registered member of a qualified party. The lower court had interpreted that law not to apply to bona fide political parties, even if they are unqualified parties. The appeal brief says that legally, unqualified parties are just the same as independent candidates.
Are registered Democrats allowed to run as Republicans in Kentucky? (keeping in mind that Ed Whitfield used another loophole to switch in 1994)
If not, then there’s probably a reason to suspect this law will be changed to close a ‘loophole’.
No, a registered Democrat would not be permitted to run in the Kentucky Republican primary. sec. 118.125.
In Tashjian v Republican Party of Connecticut, the U.S. Supreme Court said it would violate the rights of a political party to be told by the state that it could not nominate a non-member. 479 US 208, at page 215 (1986).
Our candidate’s response was filed today. Looking very good here, folks. Either way the ruling comes out, we win. I like that scenario.