Fletcher chose Steve Pence, United States Attorney for the Western District of Kentucky, as his new running mate. Heleringer continued his legal challenge, first claiming that Bates' ineligibility should have invalidated the entire Fletcher/Bates ticket and then that Fletcher should not have been allowed to name a replacement for an unqualified candidate. The Kentucky Supreme Court rejected that argument on May 7, 2003, though the justices' reasons for doing so varied and the final opinion conceded that "his is a close case on the law, and Heleringer has presented legal issues worthy of this court's time and attention". The state Board of Elections instructed all county clerks to count absentee ballots cast for Fletcher and Bates as votes for Fletcher and Pence.