UPDATE 8/9/18 @ 7:15 p.m.

Don Blankenship's quest to be on the Nov. 18 general election ballot is headed to the state's high court.

The former Massey Energy CEO ran as a Republican in the May primary for the U.S. Senate seat and lost to West Virginia Attorney General Patrick Morrisey.

The seat is currently held by U.S. Sen. Joe Manchin, a West Virginia Democrat.

At the end of July, West Virginia Secretary of State Mac Warner denied Blankenship's request to run for the seat as a member of the Constitution party.

"Today my attorneys filed a petition with the Supreme Court of Appeals of West Virginia and requested that the Court order the West Virginia Secretary of State to correct its recent decision to deny me access to the 2018 General Election ballot as the Constitution Party’s candidate for U.S. Senate. The petition makes clear that the law relied upon by the Secretary of State in denying my ballot access is flawed in multiple ways and violates the Constitutions of both West Virginia and the United States," Blankenship said in a news release.

Secretary of State Warner denied Blankenship's candidacy after determining his filing violated the state's "sore loser law," which prohibits candidates who lost primary campaigns from running for the same offices in general elections.

"According to the plain language of the law, which controls my decision, a candidate who loses the primary election cannot use the nomination-certificate process to run another campaign in the general election," Warner said in his announcement.

"Any other decision would be contrary to the law."

UPDATE 7/26/18 @ 11:45 a.m.

The West Virginia Secretary of State has denied Don Blankenship's request to run for U.S. Senate in the general election.

Secretary of State Mac Warner says that he will not approve the candidacy application filed by Don Blankenship, according to a news release. Warner notified Blankenship Thursday morning by letter of his decision.

The former coal operator filed Tuesday to run for U.S. Senate in the Constitution Party. Blankenship ran as a Republican in the May primary and lost to West Virginia Attorney General Patrick Morrisey.

"According to the plain language of the law, which controls my decision, a candidate who loses the Primary Election cannot use the nomination-certificate process to run another campaign in the General Election. Any other decision would be contrary to the law," Warner said.

Blankenship has indicated he would appeal Warner's decision if he was ruled ineligible to run.

He released the following statement on Thursday:

"The establishment politicians are at it again. This time they think they can control who can and who can not run for elected office. The Republican Party thinks you should be allowed to run for office, but only if you move from another party to theirs (or the co-establishment Democrats.) The Republicans won’t allow you to move from their party to another one and run for office.

"We are confident that the denial of my certificate of announcement will be overturned, and I am looking forward to running a spirited campaign for U.S. Senate as the only candidate who is not supported by Planned Parenthood and opiate drug distributing companies."

If you want to read the letter that was sent to Blankenship, click on the link to the right of this article.

Keep checking WSAZ Mobile and WSAZ.com for the latest information.

UPDATE 7/24/18 @ 10:40 p.m.

Former coal operator Don Blankenship filed Tuesday to run for the U.S. Senate -- this time in the Constitution Party.

Blankenship ran as a Republican in the May primary and lost to West Virginia Attorney General Patrick Morrisey.

Now he wants to face off against Morrisey again in November. He would also face off against incumbent Joe Manchin, a Democrat.

Blankenship was the former CEO of Massey Energy before he went to prison.

"Well because i think we need a different senator than what we've got, and we don't need the other one that might win if I'm not in the race," Blankenship responded to why he's running.

Morrisey responded to Blankenship's actions Tuesday evening, saying in part, "Voters wont be distracted by efforts to divert attention away from Joe Manchin's record of supporting pro-abortion policies, gun control and Hillary Clinton's campaign against coal miners."

UPDATE 7/18/18 @ 3:55 p.m.

Former coal baron Don Blankenship has announced plans to file for candidacy by next week to run for U.S. Senate in the Constitution Party.

Blankenship, who ran as a Republican in the May primary, and other GOP candidates were defeated by West Virginia Attorney General Patrick Morrisey who won the Republican nomination.

In a release, Blankenship said a letter was sent Tuesday to the West Virginia Secretary of State to announce his candidacy with the Constitution Party.

Blankenship was the former CEO of Massey Energy. He said he plans to run an "aggressive campaign" and challenge what he says has become a corrupt two-party system.

ORIGINAL STORY 5/21/18

Former Massey Energy CEO Don Blankenship says he will make another run for the United States Senate.

Blankenship announced Monday he will run as a member of the Constitution Party.

Blankenship lost in the primary to Patrick Morrisey, who won the Republican nomination. If both are on the ballot in November, they will face Incumbent Joe Manchin in the general election.

Blankenship says he intends to run an "aggressive campaign."

“The political establishment is determined to keep me—the most anti-establishment candidate in the nation—out of the United States Senate. Since the Fox News Debate when I regained the lead in the polls (following false ads against me by a Mitch McConnell controlled SuperPAC) the press and the establishment have colluded and lied to convince the public that I am a moron, a bigot, and a felon. They even went so far as to lie about my chances against Senator Joe Manchin in the general election,” Blankenship said.

Blankenship says he is honored to receive the nomination of the Constitution Party, the nation’s third largest political party in terms of its state affiliates voter registration.

“I hold in the highest regard the founding principles of the United States Constitution and I am willing to fight to protect both West Virginia and America from all enemies—foreign and domestic,” Blankenship said. “It is especially appropriate for me to be nominated by the Constitution Party given its staunch and uncompromising commitment to upholding the United States Constitution. My First, Second, Fourth, Fifth, Sixth, and Eighth Amendment rights were violated when I was falsely charged and politically imprisoned following the unfortunate mining accident at Upper Big Branch—a tragedy wholly caused by the actions of the establishment and the federal government. It is no surprise then that the establishment has worked so hard to cover-up the truth. In fact, were it not for the Sixth Amendment guarantee of a jury trial the Obama Department of Justice would have tyrannically and maliciously imprisoned me for life.”

West Virginia has a sour grapes law that doesn’t allow a losing candidate in the primary to file as a third party candidate in the same race in the general election.

WSAZ reached out to the West Virginia Secretary of State's Office to see if Blankenship can run for Senate in the general election.

“THE “SORE LOSER” or “SOUR GRAPES” LAW (W. Va. Code 3523) Candidates affiliated with a recognized political party who run for election in a primary election and who lose the nomination cannot change her or his voter registration to a minor party organization/unaffiliated candidate to take advantage of the later filing deadlines and have their name on the subsequent general election ballot,” according to the Secretary of State's Office.

Officials say West Virginia Code 3523 was just updated during the last legislative session.

“Lawmakers added two provisions to state code to make it abundantly clear that a member of a recognized political party, who ran in the primary, can not avail themselves to the provisions of this code,” said Steve Connolly, deputy secretary and chief legal counsel of the Secretary of State’s Office.

Connolly says it's still very early on and they just learned about Blankenship’s decision Monday morning.

“There is a lot of hurdles and obstacles and a lot of navigating that the Blankenship campaign will have to do to allow this to move forward,” Connolly said.

Connolly says he believes this matter will ultimately end up in court and the office will respect the determination by a judge.

Blankenship spent a year in prison over a fatal 2010 explosion at one of his mines.

He finished third in the GOP primary this month. The president opposed him.

West Virginia secretary of state spokesman Steve Adams says Blankenship has officially switched his party affiliation to the Constitution Party.