Another Kentucky Democrat gets booted from the ballot over a filing error

Democrat Richard Henderson has now been removed from the November ballot for state representative over an error in his paperwork to file for the election. Henderson attempted to run in Kentucky House District 58, which comprises most of Shelby County, against Republican incumbent Rep. Jennifer Decker, who won the seat in 2020 with a 30 percentage-point margin.

The case against Henderson was brought by Shelby County’s Republican Judge Executive Dan Ison and Shelby County resident Janrose Stillwell. One of the lawyers representing Ison and Stillwell is Republican Majority Whip Rep. Jason Nemes.

The Kentucky Lantern first reported on Henderson’s disqualification. He is not the first Democrat to be removed from the ballot over a filing mistake this year. The Kentucky Supreme Court ruled that Democratic Rep. Nima Kulkarni was not legally able to appear on the ballot after seemingly winning her primary election in a Louisville House District.

Kulkarni and Henderson made nearly identical mistakes. The form to register as a candidate requires two signatures from members of the same political party as the candidate, under Kentucky statute . One of the two people who signed Kulkarni’s application was a Republican, as were both of the signatories on Henderson’s form.

In her decision, Shelby County Circuit Court Judge Melanie H. Brummer cited the Kulkarni case as providing clear guidance.

“A candidate must strictly comply with election laws to be a bona fide nominated candidate in a primary election,” Brummer wrote. “At the time the affidavit was signed and Henderson’s nomination papers were filed, Mr. and Mrs. Muntzinger were not members of the same political party to which Henderson belonged.”

In an interview with Kentucky Public Radio, Henderson said he accepts the decision though he is disappointed, calling his mistake a “victimless crime.”

“I don't want to add any more controversy to this already. I've just accepted the fact that, at the end of the day, I should have done the due diligence on [the signatures],” Henderson said. “I’ve accepted that.”

Henderson said he intends to run again in 2026. Decker ran unopposed in 2022, and because of his disqualification, she will once again run as the only option for state representative of House District 58.

“Now, this may be a setback for us temporarily, but we are going to come back and make another attempt in 2026,” Henderson said. “I'm still keeping my face and name recognition out there in politics so that hopefully, when 2026 comes around, we'll have a little bit more momentum.”

Henderson’s lawyer Fielding E. Ballard agreed that they wouldn’t be taking any further actions in the case, saying the statute and Supreme Court decision are “pretty strong.”

Neither the lawyers representing the plaintiffs who challenged Henderson’s candidacy in court nor Rep. Decker responded to requests for comment.

State government and politics reporting is supported in part by the Corporation for Public Broadcasting.