CHARLESTON, W.Va. (WSAZ) - Don Blankenship's quest to be on the Nov. 18 general election ballot is headed to the state's high court.
The former Massey Energy CEO ran as a Republican in the May primary for the U.S. Senate seat and lost to West Virginia Attorney General Patrick Morrisey.
The seat is currently held by U.S. Sen. Joe Manchin, a West Virginia Democrat.
At the end of July, West Virginia Secretary of State Mac Warner denied Blankenship's request to run for the seat as a member of the Constitution party.
"Today my attorneys filed a petition with the Supreme Court of Appeals of West Virginia and requested that the Court order the West Virginia Secretary of State to correct its recent decision to deny me access to the 2018 General Election ballot as the Constitution Party’s candidate for U.S. Senate. The petition makes clear that the law relied upon by the Secretary of State in denying my ballot access is flawed in multiple ways and violates the Constitutions of both West Virginia and the United States," Blankenship said in a news release.
Secretary of State Warner denied Blankenship's candidacy after determining his filing violated the state's "sore loser law," which prohibits candidates who lost primary campaigns from running for the same offices in general elections.
"According to the plain language of the law, which controls my decision, a candidate who loses the primary election cannot use the nomination-certificate process to run another campaign in the general election," Warner said in his announcement.
"Any other decision would be contrary to the law."