Rep. Nima Kulkarni, D-Louisville, asks a question during the June meeting of the Commission on Race and Access to Opportunity. (LRC Public Information)
The Kentucky Supreme Court denied a challenge that sought to disqualify Louisville Rep. Nima Kulkarni from seeking reelection this fall.
In an unpublished opinion released Thursday, the state’s highest court unanimously denied a motion from Kulkarni’s primary challenger, William Zeitz, and previous opponent, former Rep. Dennis Horlander. Zeitz and Horlander sought an appeal of a Franklin County Circuit Court decision that allowed a vacancy in the 40th House District primary election to stand.
“Because the Democratic primary election was a nullity, a vacancy was created that needed to be filled,” the court’s opinion said. “No candidate emerged from the primary for either party. The Democratic candidates both were undone by Kulkarni’s victory and subsequent disqualification.”
James Craig, Kulkarni’s attorney, called the court’s decision “a big and final win” for the representative.
“This case has finally ended where we knew it would from the start,” Craig said. “The Kentucky House District 40 voters chose her by a wide margin in the primary, and we’ve been to two circuit courts and the Kentucky Supreme Court to save their voice. Today’s unanimous decision protects the voices of the voters. The Democratic nominating process was done correctly and with integrity. This is a big win for my client Rep. Kulkarni, but it is a bigger win for democracy.”
For months, Horlander has sought to legally bar Kulkarni from the ballot after challenging the validity of her candidacy papers. One of her two signatories was not a registered Democrat, as required by state law, at the time of signing. In that case, the Supreme Court disqualified Kulkarni, effectively nullifying the primary election in the 40th House District.
Subsequently, Republican Secretary of State Michael Adams permitted the local political parties to nominate candidates for the general election. Democrats selected Kulkarni. Republicans did not nominate a candidate.
Kulkarni defeated Horlander in the 2018 and 2020 Democratic primaries for the 40th House District. In an unofficial vote count, Kulkarni received 78% of ballots cast in the May primary election. Zeitz received the remaining 22%.
In September, Zeitz and Horlander previously appealed to the Kentucky Court of Appeals, but a panel of judges denied that motion after requesting the Supreme Court review the matter. The Supreme Court denied that transfer.
Zeitz and Horlander’s attorney, Steven Megerle, said in a statement that Adams’ interpretation of the law “is now confirmed to be correct.”
“The result is Nirupama Kulkarni has no opponent and will be elected with these quirky facts. William Zeitz, an Army tank veteran, who served overseas and here who did nothing wrong is out,” Megerle said. “Politics often benefits the privileged like Ms. Kulkarni, not asphalt truck drivers like Bill Zeitz. But our Commonwealth’s compact gives the final say to the collective body of the General Assembly to determine qualifications of its members. And I hope there might just be a robust discussion by that branch to finally determine whether Nirupama Kulkarni or William Zeitz should be seated for the people of House District 40. “
Kentucky’s general election ends Tuesday, Nov. 5.