After incumbent U.S. Rep. Thomas Massie lost his primary election for the 4th Congressional District seat to Shelbyville farmer and former Navy SEAL Ed Gallrein in Kentucky’s May 19 primary election, some are wondering what Massie’s options could be to still get votes in November.
According to unofficial election results from the Kentucky Secretary of State’s Office, Gallrein won 55% of the vote in the election and will face Democratic nominee Melissa Strange on the Nov. 3 ballot.
“Thank you to President Trump for his endorsement, and to the voters of Kentucky’s 4th District for your trust and support. Tonight, true Republicans made their voices heard and stood up for the values and principles they believe in,” Gallrein said in a Facebook post. “I’m honored by the confidence you’ve placed in me, and I will work every day to be a champion for Kentucky and our nation. God bless Kentucky, and God bless America.”
Massie, who has been in office since 2012, and his supporters blamed the loss on his opponent “buying a congressional seat.”
Many Kentuckians have taken to the internet with plans to submit write-in votes for Massie in November, but voters who try to go that route may be wasting their ballot, according to state election laws.
How can a candidate still be added to the KY ballot after the primary?
To get on Kentucky’s general election ballot, candidates must meet one of three ballot access laws:
In Massie’s case, Kentucky’s “sore loser law” would bar him from continuing to vie for the 4th Congressional District seat. KRS 117.265 states that “any candidate who is defeated or disqualified in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election, unless there is a vacancy pursuant to KRS 118.105(3).”
Even if Massie were not already barred from the race under state statute, write-in votes for him also would not count unless he filed a declaration of intent with the Kentucky Secretary of State’s Office by the Oct. 23 deadline.
But the path back to Congress is not completely blocked for Massie. According to state law, he could potentially file to run as an independent candidate in the race to fill outgoing U.S. Sen. Mitch McConnell’s seat, potentially facing Republican candidate Andy Barr and Democratic candidate Charles Booker in November. He would have until June 2 to submit his candidacy, according to the Secretary of State’s website.
Midwest Connect reporter Marina Johnson and Cincinnati Enquirer reporter Jolene Almendarez contributed. Reach reporter Bailey Reed at bereed@usatodayco.com.
This article originally appeared on Louisville Courier Journal: Could Massie be a write-in for November election? What state law says
Reporting by Bailey Reed, Louisville Courier Journal / Louisville Courier Journal
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