Ed Martin

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A state Appeals Court panel decided today that Louisville businessman and Libertarian candidate Ed Martin should not be on ballots in the 3rd Congressional District race. Martin, however, says he will reignite his political efforts in the near future.

The Appeals Court panel was considering an appeal of a circuit court ruling filed by Jefferson County Republican Party Chairman Bradford Cummings  and backed by Secretary of State Trey Grayson (R-Richwood) and Jefferson County Clerk Bobbie Holsclaw.

Martin's candidacy as the Libertarian nominee in the race was initially challenged by Cummings in late August, on the grounds that Martin was a registered Republican.

Martin defeated that challenge in circuit court last month, but Cummings appealed that decision.

Cummings' appeal claimed Kentucky law did not allow those still registered as Republicans to run as independent candidates - a category Libertarian candidates in Kentucky fall in, as the Libertarian Party is legally recognized as a political group and not a political party in the Commonwealth.

Polwatchers reports two of three judges on a panel ruled to overturn the circuit court decision and ordered Jefferson County - which is almost entirely contained within the 3rd District - to post notices that inform voters that votes for Martin will not be counted.

While Ed Martin’s candidacy as a Libertarian in the 3rd Congressional District was upheld earlier this month, the decision by the lower-court judge was contested, and is now before the state Court of Appeals. Still, Libertarian Party of Kentucky Chair Ken Moellman told PolitickerKY.com he was confident of success for Martin, arguing the legal question of Martin’s candidacy was a “constitutional issue” the party would appeal all the way to the Supreme Court, if necessary.

“We are confident in our position and have been all along,” said Moellman.

Martin’s effort to run in the 3rd Congressional District against U.S. Rep. John Yarmuth (D-Louisville) and former U.S. Rep. Anne Northup (R-Louisville) as a Libertarian was contested on the grounds that Martin is a registered Republican. The candidacy was challenged in a complaint initiated by Jefferson County Republican Party Chair Brad Cummings.

According to Kentucky law, an “independent candidate” cannot be a registered member of a “qualified” political party. The Libertarian Party is not classified as an official “political party” in Kentucky, but rather a “political group.”

A circuit court judge agreed with Martin’s assertion that his registration status should not impact his ability to run as a Libertarian, distinguishing between “political groups” and “independents,” but Cummings appealed the decision.

Bruce Lunsford (D) is still trying to gain some traction in his challenge to U.S. Sen. Mitch McConnell (R), but a visit from U.S. Sen. Hillary Clinton (D) may give his campaign a boost. Find out who else is among this week's Winners & Losers. | CLICK HERE

Businessman Ed Martin will be on November’s general election ballots in the 3rd Congressional District race, as a motion to dismiss the challenge to his candidacy was successful, Martin tells PolitickerKY.com.

“This is my Inherit the Wind moment,” Martin told PolitickerKY.com this morning, referencing the classic film. “It was the layperson trying to fight for my first and 14th Amendment rights.”

Martin’s candidacy as a Libertarian was challenged by Jefferson County Republican Party Chair Brad Cummings on the grounds that Martin was still a registered Republican. Cummings’ challenge was dismissed this morning.

Libertarian Party of Kentucky Chair Ken Moellman said the motion to dismiss the challenge was based on four grounds, including constitutional arguments and challenges to the legal definition of third parties in state law books.

Ballot access for 3rd Congressional District Libertarian candidate Edward Martin has been challenged by Brad Cummings, the chairman of the Jefferson County Republican Party.

Martin submitted the requisite number of petition signatures to place his name on the ballot, but he is also a registered Republican – a status that may threaten his candidacy as a libertarian.

The challenge will go before a judge, who will consider its legal viability. The Libertarian Party, however, aims to contest the challenge.

"We've got a Supreme Court case, I've just got to find a lawyer," said Libertarian Party chair Ken Moellman.