By JAKE ZUCKERMAN
CHARLESTON, W.Va. — The briefs are in, and a decision that could swing a key U.S. Senate election now lies with the West Virginia Supreme Court of Appeals.
Attorneys for Secretary of State Mac Warner filed their brief with the court Tuesday, arguing that the state’s “sore loser” or “sour grapes” law should keep former Massey Energy Co. CEO Don Blankenship off of the Senate ballot with the Constitution Party, given his loss in the Republican primary.
“Mr. Blankenship, a candidate who took advantage of the publicity and structure afforded by associating with the Republican Party — and lost the Republican Party’s primary election — now seeks to commandeer a procedure that this court determined served ‘as a primary-election bypass for [independent and third-party candidates]’ … in an effort to claw his way onto the general election ballot,” the filing states. “In short, Mr. Blankenship is a sore loser — the very sort of sore loser West Virginia law has sought to keep off the ballot since 1919.”
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