LOUISVILLE, Ky. (WDRB) – The Kentucky State Court of Appeals ruled Wednesday that incumbent state Rep. Nima Kulkarni, (Louisville-D), shall be removed from the ballot as a candidate, finding she filed improper paperwork while seeking re-election.
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.
Kulkarni beat a 20-year incumbent in Dennis Horlander, who is also a Democrat, for the District 40 seat in Louisville. The lawsuit was filed on behalf of Horlander, who is not running for the seat.
"For the last six years I have served diligently and to the best of my ability and I hope to be able to continue in that service," Kulkarni said in an interview with WDRB News in April.Â
One of the two required witnesses who are Democratic voters in the 40th District necessary to sign for Kulkarni’s reelection was a registered Republican, according to the court of appeals three-judge panel.
While the witness later changed her voter registration to Democrat, she is ineligible to vote this year, the appeals court ruled. The ruling overturns a Jefferson Circuit Court ruling.
"The reasoning behind such a mandatory provision is to ensure that the voters who sign a petition are eligible to vote for that candidate," according to the ruling.
One of the two necessary nominating witnesses was a registered Republican when she signed Kulkarni’s nomination papers, the appeals court ruled. She did not change her registration until after she signed the witness affidavit, after Kulkarni’s nomination papers were filed with the Kentucky Secretary of State, and after the January 5, 2024, deadline to submit nominating papers had expired.
In a statement, James Craig, who was representing Kulkarni, said they will take the decision to the Supreme Court.
"A decision striking a candidate from the ballot days before the election warrants further review by the Supreme Court, and we'll be there as soon as we can," Craig said in a statement to WDRB.
In her own statement to WDRB, Kulkarni said she is "absolutely" taking the ruling to the Supreme Court.
"The Court of Appeals got it wrong and ignored major components of the law," she said. "I am disappointed that they chose to disenfranchise voters one day before early voting begins. We are absolutely fighting this unjust decision."
Horlander is not running for office and won't gain if Kulkarni is removed. Her primary challenger, William Zeitz, would likely win because there are no Republicans in the race.
This story will be updated.
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