Second lawsuit aimed at Nima Kulkarni's election eligibility denied, but appeal coming

Another challenge to state Rep. Nima Kulkarni's eligibility in the upcoming general election has fallen short in Franklin Circuit Court, but another appeal is coming.

In a new ruling, Judge Phillip Shepherd ruled the Louisville Democrat should remain on the ballot on Nov. 5 to potentially represent House District 40 for two more years in the General Assembly.

The decision came six days after a lawsuit was filed on behalf of her primary opponent that called on the court to rule Kulkarni ineligible and nominate him as the Democrats' candidate instead.

In a call about an hour after the ruling was released, attorney Steven Megerle said he'd already filed for the Court of Appeals to overturn it, as he and his clients "respectfully disagree" with portions of Shepherd's decision.

And Tuesday, the Court of Appeals recommended sending the case to the Kentucky Supreme Court, citing “great and immediate public importance” for a ruling.

Kulkarni's eligibility has been in question for months, with an earlier lawsuit filed in March over an error in her nomination paperwork. While votes for her in the primary were counted as courts considered whether she should be eligible, the state Supreme Court eventually upheld an earlier Court of Appeals decision that her candidacy was not valid.

Secretary of State Michael Adams declared a vacancy on the ballot last month, and the Louisville Democratic Party chose to renominate Kulkarni, who's been in office since 2019. A second lawsuit, which led to Monday's ruling by Shepherd, was filed days later on behalf of William Zeitz, a Louisville truck driver who finished second in the May primary, along with former state Rep. Dennis Horlander, who had filed the first lawsuit.

James Craig, an attorney representing Kulkarni, said voters in the district have made it clear they want Kulkarni to return to Frankfort — she landed about 80% of the vote in her earlier race against Zeitz — and Shepherd made the right ruling in his decision.

"Elections matter," Craig said. "Representative Kulkarni has now been chosen twice by the people of her district to represent them this year, and the person opposing her can't garner 20% of the votes in his own district, didn't apply for the nomination from the Democratic Party (and) couldn't have gotten a single vote in the nomination process."

Shepherd's ruling, issued after a court hearing earlier Monday morning, said he agreed with the state Supreme Court's interpretation of earlier precedent that found a disqualification of a candidate after votes are tallied does not mean the candidate who finished second should be elevated to a win.

As such, Shepherd wrote, there is "no basis" to declare Zeitz the winner. Adams is "vested with the authority" to declare a vacancy in such cases and gave "appropriate deference" to local parties to nominate candidates, he added.

Republicans have not nominated a candidate to run for the seat, according to filings with the secretary of state's office. No GOP members ran in the primary.

Ballots for the general election in Jefferson County are set to begin printing Sept. 16, the county clerk's office has said.

This story may be updated.

Reach Lucas Aulbach at laulbach@courier-journal.com.

This article originally appeared on Louisville Courier Journal: Second lawsuit aimed at Nima Kulkarni's election eligibility denied, but appeal coming