The U.S. Supreme Court has declined to grant certiorari to review the Indiana Supreme Court’s split 3-2 opinion that kept former candidate John Rust off the ballot.

Rust, a Republican, failed to vote in two consecutive primaries, as  required by law to be on the ballot.

Rust challenged the law and won at the trial court level, but lost at the Supreme Court.

“The United States Supreme Court only accepts approximately one percent of cases filed, so while their decision to not accept Rust’s case is not surprising, it is disappointing,” he stated.

Jim Banks ran unopposed and will face Democrat Valarie McCray and Libertarian Andy Horning in November election.

“My fight for the majority of Hoosiers to have ballot access will continue even stronger at the state level. This is not and has  never been about one man’s ballot access, he noted.  “It is about all Hoosier voters who are disenfranchised and about our state of Indiana having the lowest voter turnout in the nation. I will never stop fighting for Hoosiers to have choices on our ballots.”