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Failed GOP U.S. Senate candidate Don Blankenship will make 3rd-party bid in West Virginia

Blankenship’s move could complicate efforts to defeat Democrat Joe Manchin, but state law might keep him off the November ballot

♦By Rich Shumate, editor

CHARLESTON, West Virginia (CFP) — Two weeks after coming in a distant third in a Republican primary for West Virginia’s U.S. Senate seat, Don Blankenship, a former coal baron who went to prison for his role in a deadly mine disaster, has announced he has accepted a third-party nomination for the seat, a move that could harm Republican prospects for defeating incumbent Democratic U.S. Senator Joe Manchin in November.

Don Blankenship

However, to get on the ballot, Blankenship may need to successfully challenge a state law that prevents losing candidates in major-party primaries from running in the general election under the banner of a third party, which he is vowing to do.

“The political establishment is determined to keep me—the most anti-establishment candidate in the nation—out of the United States Senate,” Blankenship said in a May 21 statement announcing that he had accepted a nomination from the Constitution Party.

“Although the establishment will likely begin their efforts against us by mounting a legal challenge to my candidacy, we are confident that—if challenged—our legal position will prevail, absent a politically motivated decision by the courts.”

Blankenship’s statement also included a comment from the Constitution Party’s vice chair, Phil Hudok, saying that the party looked upon Blankenship’s candidacy as a “great opportunity to put the principles of our party on display and to elect someone who will represent the values of West Virginians instead of those of the DC establishment.”

Blankenship, the former CEO of Massey Energy, spent a year in federal prison for violating mine safety regulations after 29 miners died in an explosion in his company’s Upper Big Branch Mine in 2010, the deadliest U.S. mine accident in the last 40 years.

He has insisted that federal mine inspectors were responsible for the accident and that he was unfairly prosecuted by the Obama Justice Department.

Attorney General Patrick Morrisey

Republican leaders were relieved when Blankenship was defeated in the May 8 primary by Attorney General Patrick Morrisey, after President Donald Trump intervened and urged his followers not to support Blankenship because he could not win a general election against Manchin.

However, since his defeat, Blankenship has refused to endorse Morrisey and has continued a public feud with the top Republican in the Senate, Majority Leader Mitch McConnell, who spearheaded the stop-Blankenship effort.

To get on the ballot in West Virginia, a minor party candidate needs to collect roughly 4,400 petition signatures by August 1. However, under the state’s “sour grapes” law, candidates who lose a primary in May aren’t eligible to get on the November ballot through the petition process, according to a guide for candidates prepared by the West Virginia Secretary of State’s office

In his statement, Blankenship did not indicate what legal argument he planned to advance to try to get around the prohibition.

As attorney general, Morrisey would normally be responsible for defending the state’s legal position in court. A spokesman for Morrisey’s office declined say if he would recuse himself when asked by the Charleston Gazette-Mail.

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