West Virginia Congressional candidate Don Blankenship joined Neil Cavuto to discuss his plan to land on the November U.S. Senate ballot despite coming in third in the Republican primary.

The Mountain State is one of many that have a "sore loser" law that generally bars runners-up in bipartisan primaries from running independently or under another party's banner.

Blankenship, a former coal baron, is seeking to be named the Constitution Party's candidate on the ballot and told Cavuto his retained counsel told him it is possible.

Cavuto pointed out that Blankenship served a year in prison for the charge of conspiracy to violate mine safety laws after his former company's Upper Big Branch mine exploded with fatal results.


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"It's a little bit bigger than a misdemeanor when 29 people were killed in a mining accident," Cavuto said, as Blankenship said he was not convicted of any of the felony charges brought by the Department of Justice.

Blankenship said the Obama-led "government blew up the coal mine" in Raleigh County, about 60 miles east of Logan.

He said he is a "better candidate" than incumbent Democrat Joe Manchin III and Republican contender Patrick Morrisey.

"Based on the law, I'm confident we will be on the ballot," he said.

Cavuto asked whether his drive to remain on the ballot is part of his continued feud with Senate Majority Leader Mitch McConnell.

Blankenship responded that he candidacy is about much more than the senator whose constituency lies just across the Tug Fork River from his native Williamson.

"Manchin... came out and said I had blood on my hands after the explosion," he said. "[We] hear about the DOJ being so corrupt."

"I'm a better candidate than the other two," he said, adding that he blames the media as well as Donald Trump Jr. for aiding his primary defeat.

Trump Jr. called on supporters of his presidential father to reject Blankenship's candidacy shortly before votes were cast.

"It just seems that after failing to get [the Republican nomination] and placing third, you're bitter and angry," Cavuto said.


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