Ky. Supreme Court orders Louisville Democratic Rep. Nima Kulkarni back on election ballot

LOUISVILLE, Ky. (WDRB) – The Kentucky Supreme Court has ordered that incumbent state Rep. Nima Kulkarni (D-Louisville) will remain on the ballot as a candidate in Tuesday's 2024 Democratic primary, despite a lower court’s ruling that she be removed for filing improper paperwork while seeking reelection.

However, the ruling by Chief Justice Laurance VanMeter orders the Jefferson County Board of Elections and state Secretary of State not to certify the election until the issue is reviewed by the high court.

VanMeter scheduled oral arguments for June 6 in Frankfort.

"I am glad the Supreme Court has agreed to review our case," Kulkarni said in a statement. "Democracy should always prevail."

The state Court of Appeals ruled May 15 that Kulkarni should be disqualified from competing for the Democratic nomination because she failed to comply with a state law requiring the signatures of two witnesses who are Democratic voters in the 40th district when filing her election paperwork. One of Kulkarni's witnesses was a registered Republican.

While the witness later changed her voter registration to Democrat, she is ineligible to vote in this year's Democratic primary, the appeals court ruled.

When immigration attorney Kulkarni won office in 2018, she became the first Indian American ever elected to Kentucky's House of Representatives. She is seeking her fourth term.

The challenge to her eligibility was brought in a lawsuit filed by former Rep. Dennis Horlander, who previously held the 40th district seat for 22 years until Kulkarni upset him in the 2018 primary.

Horlander is not running for the seat this year.

In a statement, attorney, Steve Megerle, who represents Horlander, said he believes the Supreme Court will eventually uphold the disqualification.

"But as a constitutional matter, if Ms. Kulkarni is not disqualified by the Supreme Court, Section 38 of the State Constitution, and our strong doctrine of separation of powers, leaves the final decision to the House of Representatives, and the Republican supermajority, as to whether she is qualified to sit in the next session of the General Assembly and whether she is qualified and to hold office," he said. "I know several Republican members of the General Assembly have been watching this case with interest since it began, not just those in Jefferson County."

Kulkarni's primary challenger is William Zeitz. There are no Republicans in the race.

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