In 2008, Kelley emerged as an independent candidate for the U.S. House against Republican John C. Fleming, who barely managed to hold the seat vacated by McCrery, who retired from the House after twenty-one years of service.
In 2008, Kelley emerged as an independent candidate for the U.S. House against Republican John C. Fleming and Democrat Paul Carmouche. McCrery retires in January 2009 from the House after twenty-one years of service.