By Charles Wolfe
The Associated Press

FRANKFORT - A political rival Friday asked the Kentucky Court of Appeals to knock Ernie Fletcher out of the Republican race for governor.

Bob Heleringer, running mate of gubernatorial candidate Steve Nunn, requested an injunction that, if granted, would have the effect of rendering Fletcher ineligible for the GOP nomination.

It was Heleringer's second attempt this week to get an injunction. A Franklin County Circuit Court judge denied his first request Tuesday.

Heleringer wants the appeals court to find that "Ernie Fletcher filed an illegal, ineligible slate" for the primary, Tom Hectus, one of Heleringer's attorneys, told reporters at the court office.

The appeals court declined to grant an emergency injunction but did not rule it out later.

A three-judge panel gave the Fletcher campaign until Thursday to file a response, after which the panel would decide whether to have a hearing, its order said.

The claim is based on a ruling in a separate court case in which an Oldham County judge declared Fletcher's running mate, Hunter Bates, was not a legal candidate because he had lived outside the state for most of the last six years.

Bates is a former aide to U.S. Sen. Mitch McConnell, R-Ky., and lived much of that time in the Washington, D.C., suburb of Alexandria, Va.

Fletcher plans to select a substitute running mate.

Another of Heleringer's attorneys, Mike Karem, said he will ask the Kentucky Registry of Election Finance to prohibit Fletcher from spending money that was contributed to a Fletcher-Bates campaign.

The motion filed Friday was a new action, not a direct appeal of the denial of injunction by Franklin Circuit Judge William L. Graham.

Fletcher's campaign issued a statement criticizing Nunn and Heleringer for "the decision to return the Republican primary to the courtroom."

"While our opponents spend their time in the courtroom, we will continue taking our message of restoring hope and prosperity to all Kentuckians," the statement said.