Progressive activist Jerry Segal's request to appear on Maryland's U.S. Senate ballot has been denied by the 4th U.S. Circuit Court of Appeals.
"We knew that it was a big lift for them to change the ballot at this point, but it was something that was doable," Segal said Friday.
Segal had hoped to appear on the ballot representing the “Bread and Roses” party, which he said emphasizes promoting peace internationally and creating an equitable society at home.
Segal, 74, of Montgomery County, was on the Democratic primary ballot on June 26 after spending more than $1 million on the race.
Sen. Ben Cardin won the nomination and is seeking his third team on Nov. 6. He is opposed by Republican Tony Campbell and independent Neal Simon, whose campaign said it submitted more than 17,000 signatures to earn a ballot spot.
Segal filed a court challenge seeking to appear with the Bread and Roses party, a self-identified socialist group.
"The case was based very extensively on the role of the third parties," Segal said in an interview. "Free speech and campaigns is what makes for democratic elections."
The lower court cited a " sore loser" law stating that a candidate defeated for nomination can't appear on the ballot "at the next succeeding general election as a candidate for any office.”
A three-judge panel of the appeals court affirmed the decision, with the judges saying “we have reviewed the record and conclude that the district court did not abuse its discretion in denying the motion."