Former Massey Energy CEO Don Blankenship must go to court if he wants to be the Constitution Party’s candidate for U.S. Senate in the November election.

On Thursday, West Virginia Secretary of State Mac 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.

In May, Blankenship unsuccessfully sought the Republican nomination for U.S. Senate.

On June 5, a new law took effect that was written to address ambiguities in the existing sore loser law.

The denial came two days after Blankenship filed to run as a candidate from the Constitution Party and indicated his campaign planned to challenge the “sore loser” law if blocked from running.

Blankenship said he will file a court claim next week against the “sore loser” law.