West Virginia’s high court rejected controversial former coal magnate Don Blankenship’s efforts Wednesday to be included on the ballot for the state’s general election for U.S. Senate in November, according to multiple reports.
Blankenship was trying to sue his way into the contest after being beaten in the Republican primary by West Virginia Attorney General Patrick Morrisey.
Blankenship took legal action when West Virginia Secretary of State Mac Warner blocked him from becoming an independent or third-party candidate by enforcing the state’s “sore loser” law. The law prevents unsuccessful candidates from major parties switching to minor parties and bidding for office again.
Blankenship told local media he planned to take his case to a federal appeals court if his challenge failed, the Dayton Daily News reported.
Blankenship, who was convicted of violating safety standards following a deadly explosion in 2010 at one of his Massey Energy mines, stirred controversy during the GOP primary for racial appeals.
Blankenship approved ads in which he called Senate Majority Leader Mitch McConnell, R-Ky., “Cocaine Mitch” and made an offensive reference to wife Elaine Chao’s Asian heritage, calling her family “China people.” Chao was born in Taiwan and is a member of the Trump administration, serving as transportation secretary in President Trump’s Cabinet.
Unless Blankenship prevails in his appeal, Morrisey will vie against incumbent Democratic Sen. Joe Manchin in the general election on Nov. 6.
“No more distractions to hide lying liberal Joe Manchin’s record of supporting pro-abortion policies, gun control, and Hillary Clinton’s campaign against coal miners,” Morrisey said in a statement Wednesday after the court’s ruling.
Manchin faces a tough re-election campaign given Trump’s popularity in the traditionally red state. The president won West Virginia by 42 percentage points in 2016.
