New challenge arises as Kulkarni is renominated as Democratic candidate in KY House election

LOUISVILLE — Another legal obstacle to Democratic Rep. Nima Kulkarni’s reelection was filed in Franklin Circuit Court Tuesday afternoon.?

William Zeitz, a Democrat who challenged Kulkarni in May’s primary election, has joined with Dennis Horlander, a Democrat who previously represented the 40th House District, in suing election officials after Republican Secretary of State Michael Adams declared a nominating vacancy on the Nov. 5 ballot.

After the state Supreme Court disqualified Kulkarni from the primary election because of problems in her filing papers, Adams declared a vacancy in the nomination process and invited both parties to choose candidates for the general election.

The Louisville Democratic Party nominated Kulkarni Friday evening and she filed with the Secretary of State’s Office Tuesday morning. Louisville Republicans have not yet named a candidate. They have until Monday at 4 p.m.?

Zeitz and Horlander are asking Franklin Circuit Judge Phillip Shepherd to void Kulkarni’s nomination and certify Zeitz as the winner of the May primary. They are represented by Steven Megerle, who represented Horlander’s previous lawsuit challenging the validity of Kulkarni’s nomination papers.?

The foundation of Megerle’s argument is a recent state law that bars disqualified primary candidates from running for the same office. Megerle said Zeitz feels that Kulkarni’s campaign “stole the nomination from him and they manipulated the process” and that he should be certified as the primary election winner.?

“In every case where a candidate is disqualified before the election, the other candidate received their certificate of nomination from either the county clerk or the Secretary of State, depending on who they filed with,” Megerle said.?

A motion hour on Horlander’s first case was set for Tuesday morning in Jefferson Circuit Court, but Megerle withdrew motions on Sunday. Those had included disqualifying Kulkarni as an eligible candidate for the nomination process and certifying Zeitz as the winner of the primary election.?

Kulkarni is seeking a fourth term in office. She previously defeated Horlander in the 2018 and 2020 Democratic primaries for the 40th House District. According to the unofficial votes from this year’s May primary, she received 78% of votes over another Democratic candidate, William Zeitz. No Republicans filed for the primary election.?

Her attorney, James Craig, said in a statement Tuesday morning after the motion hour that those withdrawn motions? should be the conclusion of the matter, calling it “not only a win for Rep. Kulkarni, but it is a win for the voters.”?

“Their intent has been clear throughout this process,” Craig said. “She was nominated by nearly 80% of her district, and she (was) chosen again by her party last Friday.”

Michon Lindstrom, a spokesperson for the Secretary of State’s office said: “While we previously have taken no position in this dispute other than to follow court orders, we will vigorously resist this lawsuit’s demand for an injunction that would prevent the timely printing of ballots for Kentucky voters.”

The deadline to print ballots for the general election is Sept. 16.?

This story has been updated with new information.