Davis’ congressional bid is over
A State Supreme Court justice Thursday rejected congressional candidate Jack Davis’ attempt to remain on the November ballot, ending his third attempt to win the job.
Davis said Thursday he left a voice mail with Democratic primary winner Alice J. Kryzan to congratulate her on her victory but would not commit to helping her in her campaign against Republican Christopher J. Lee.
Davis said he would help Kryzan in the campaign if he thought she accepted his anti-free trade message but expressed his doubts. “I don’t think she understands my message,” he said.
Justice Richard M. Platkin of Albany disagreed with Davis’ contention that his petition to form a minor party line called Save Jobs and Farms should have been accepted even though he failed to file a certificate of acceptance on time, as required by state election law.
Davis argued that the state Board of Elections should have provided him an opportunity to submit the late application anyway and that the board acted “arbitrarily and capriciously” in not allowing him to file.
The judge ruled otherwise.
“The court concludes that this case is governed by myriad authorities holding that the failure to timely file a certificate of acceptance is a fatal defect that cannot be cured or excused,” Platkin wrote.
The decision removes one more name from the general election ballot headed by Democrat Kryzan and Republican Lee. Jon Powers, who finished second in the Sept. 9 Democratic primary, remains on the Working Families line, while attorney Anthony L. Fumerelle is the Independence candidate. Powers still has not indicated if he will campaign as the Working Families candidate and did not return a phone call Thursday.
The decision ends Davis’ third and most concerted effort to succeed Rep. Thomas M. Reynolds, R-Clarence, in Washington.
“It’s very disappointing,” he said. “I could have done some good, and I’m not going to get that opportunity to do it again.”
