Ballot access for 3rd Congressional District Libertarian candidate Edward Martin has been challenged by Brad Cummings, the chairman of the Jefferson County Republican Party.

Martin submitted the requisite number of petition signatures to place his name on the ballot, but he is also a registered Republican – a status that may threaten his candidacy as a libertarian.

The challenge will go before a judge, who will consider its legal viability. The Libertarian Party, however, aims to contest the challenge.

"We've got a Supreme Court case, I've just got to find a lawyer," said Libertarian Party chair Ken Moellman.

According to Moellman, the case Tashijan v. Republican Party contains language that indicates it is unconstitutional for a state to bar a candidate for running for office on one party's ticket while being registered as another.

Moellman earlier said that if any Libertarian candidate in Kentucky would be challenged, it would be Martin, due to his registration.

Now, he argues the move by Cummings shows Republicans are insecure about their candidate in the 3rd District – former U.S. Rep. Anne Northup (R-Louisville).

"I guess the Republican chairman in Louisville is concerned that Anne Northup is not a strong enough candidate," said Moellman.

Northup is facing freshman incumbent U.S. Rep. John Yarmuth (D-Louisville) in a rematch of their 2006 race.

Updated: Cummings confirmed he did make the challenge against Martin.

"I am standing up for what all political entities support: free, fair, open and legal elections," said Cummings.