Despite 'sore loser' law, Don Blankenship trying third party bid for US Senate in West Virginia West Virginia's 'sore loser' prevents a losing primary candidate from re-filing.

Don Blankenship, the former coal baron who spent time in federal prison and finished third in the West Virginia Republican primary in May, is wading back into the state's U.S. Senate race, this time attempting filing paperwork to run as a member of the Constitution Party.

Blakenship tweeted photos of himself filing the paperwork on Tuesday, saying in part, "I am the only candidate who cannot be bought by out of state billionaires and I will work hard to drain the swamp."

Blakenship was convicted in 2015 for conspiracy to violate mine safety and health standards in the aftermath of the 2010 Upper Big Branch Mine disaster that resulted in the death of 29 miners.

In a statement posted on Facebook, Blankenship conceded that he does not expect the filing to be certified due to West Virginia's "sore loser" law that prohibits candidates that lost in a primary to run in the general election, but that he believes his name will be on the ballot in November.

"The political establishment cannot retroactively enact laws that prohibit individuals who become members of some political parties from being on the ballot while allowing individuals who become members of other political parties to be on the ballot," Mr. Blakenship wrote Monday.

"This is what the Communist or Nazi party would do and is a perfect example of political party behavior that violates an American's guaranteed right to equal opportunity. It is a clearly discriminatory law and exactly what George Washington warned of in his farewell address," he continued.

In West Virginia's May 8th Republican primary, Blankenship received just under 20 percent of the vote according to election returns from the West Virginia Secretary of State. Blankenship finished behind Rep. Evan Jenkins, and the ultimate winner, state Attorney General Patrick Morrisey.

Morrisey is facing Democratic Sen. Joe Manchin in November in a race that could be crucial to the control of the U.S. Senate.

Responding to the news Tuesday, Morrisey decried Blankenship as a "distraction."

"Voters won't be distracted by efforts to divert attention away from lying liberal Joe Manchin’s record of supporting pro-abortion policies, gun control, and Hillary Clinton’s campaign against coal miners," Morrisey said in a statement released by his campaign.

Manchin is one of ten Democrats up for re-election in states that Donald Trump captured in the 2016 election.

Representatives for the Manchin campaign did not immediately respond to ABC News' request for comment.

Representatives for the Secretary of State's office did not immediately respond to ABC News' request for comment.

Correction: An earlier version of this story stated that Don Blankenship is a convicted felon, which he is not. Blankenship was convicted of a misdemeanor charge for conspiring to violate federal mine safety laws. He was acquitted of felony charges. He served one year in federal prison.