A judge ruled Thursday that Rep. Nima Kulkarni, D-Louisville, can stay on the ballot after her filing paperwork was challenged.
Kulkarni’s candidacy on the May 21 primary ballot was challenged by former state representative Dennis Horlander, who she had unseated in a 2018 Democratic primary.
Horlander’s petition sought to disqualify Kulkarni on the basis that one of her paperwork co-signers was a registered Republican at the time of signing. Also, another signatory’s spouse, who notarized the petition, could potentially pose a conflict of interest, Horlander argued.
Jefferson Circuit Judge Mitch Perry ruled that wasn’t enough to kick Kulkarni off the ballot for the primary election.
“The Court is mindful too of Kentucky’s longstanding history and tradition that ‘liberal construction in favor of broad voter participation is deeply embedded in Kentucky law,’ Perry wrote. “Viewed in that permissive light, the Court cannot justify interfering in the electoral process on the inadequate grounds presented here.”
Horlander’s petition largely centered around Sharon LaRue, who was one of two “registered voters of the same party from the district” required by law to sign Kulkarni’s candidate paperwork.
LaRue was a Republican at the time, but weeks later became a Democrat on Jan. 8, according to records obtained from the Jefferson County Clerk’s Office.
LaRue signed Kulkarni’s filing on Dec. 22, 2023, according to the suit, as well as records obtained from the Kentucky Secretary of State’s Office.
Kulkarni had said the challenge was based on “an outdated technicality to disenfranchise voters.” She called it outdated because LaRue is now a Democrat and became one before the filing paperwork was certified by the Secretary of State’s Office on Jan. 17.
A spokesperson for Secretary of State Michael Adams confirmed the date of certification.
Perry, in his ruling, emphasized that Kulkarni had no prior knowledge of the signatory’s Republican affiliation and took immediate corrective action once informed. Additionally, the court ruled that the notarization by the spouse of another signatory did not constitute a conflict of interest.
That’s because the notary’s spouse was neither a party to nor had a direct beneficial interest in the petition.
It’s possible Perry’s ruling isn’t the end of the story. Horlander’s attorney, Steven Megerle, filed a notice of appeal later Thursday to kick the case up to the state’s Court of Appeals. However, the primary election will take place in less than a month.
The only other person to have filed for Kulkarni’s office is Louisville Democrat William Zeitz.
Sharon LaRue was one of two “registered voters of the same party from the district” required by law to sign Kulkarni’s candidate paperwork. She was a Republican at the time, but weeks later became a Democrat on Jan. 8, according to records obtained from the Jefferson County Clerk’s Office.
LaRue signed Kulkarni’s filing on Dec. 22, 2023, according to the suit, as well as records obtained from the Kentucky Secretary of State’s Office.
In a comment on the ruling, Megerle expressed confidence the Court of Appeals would overturn Perry’s ruling.
“Apparently, election petition requirements apply to everyone but Nima Kulkarni,” Megerle wrote.
“Now the law is Republicans can nominate Democrats, and Democrats nominate Republicans in partisan primaries as long as they switch parties before the petition is certified and after the filing deadline.”
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