A state Appeals Court panel decided today that Louisville businessman and Libertarian candidate Ed Martin should not be on ballots in the 3rd Congressional District race. Martin, however, says he will reignite his political efforts in the near future.

The Appeals Court panel was considering an appeal of a circuit court ruling filed by Jefferson County Republican Party Chairman Bradford Cummings  and backed by Secretary of State Trey Grayson (R-Richwood) and Jefferson County Clerk Bobbie Holsclaw.

Martin's candidacy as the Libertarian nominee in the race was initially challenged by Cummings in late August, on the grounds that Martin was a registered Republican.

Martin defeated that challenge in circuit court last month, but Cummings appealed that decision.

Cummings' appeal claimed Kentucky law did not allow those still registered as Republicans to run as independent candidates - a category Libertarian candidates in Kentucky fall in, as the Libertarian Party is legally recognized as a political group and not a political party in the Commonwealth.

Polwatchers reports two of three judges on a panel ruled to overturn the circuit court decision and ordered Jefferson County - which is almost entirely contained within the 3rd District - to post notices that inform voters that votes for Martin will not be counted.

If the ruling is not further appealed, KY-3 voters will have the choice between U.S. Rep. John Yarmuth (D-Louisville) and former U.S. Rep. Anne Northup (R-Louisville).

The Libertarian Party of Kentucky chairman earlier threatened to appeal the case all the way to the Supreme Court of the United States, but Martin - who represented himself throughout the appeal process - appears to be accepting the decision for now.

"I'll be back in a year or so...devoid of rookie mistakes," Martin wrote in an e-mail to PolitickerKY.com.

Martin also took aim at the Republican efforts to challenge his candidacy.

"Nice to see they are focusing their efforts on eliminating third party candidates such as myself, when the economy is in collapse due in no small part to the legislation the Republican led Congress and Senate passed 8 to 9 years ago," said Martin.

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