Tioga County businessman Denver Jones wants to take on Libous in a Republican primary. But, Libous' campaign challenged the 1,700 petition signatures Jones submitted.
The state Board of Elections tossed nearly 800 of them, leaving Jones with 970 signatures, 30 short of the 1,000 vote threshold to qualify.
Jones then brought suit in State Supreme Court to have his petitions restored.
But instead, the Court invalidated even more signatures, dropping him down to 815.
State Senator Tom Libous said the petition gathering process is simply a matter of the law.
"You have to have 1,000 names, they've got be registered. We were able to prove that well over 800 of them were not even registered or were in different parties. He obviously did not do a serious job in looking for support from the people. He took anybody who would sign his petition," said Libous.
Jones' attorney, Douglas Walter Drazen, told NewsChannel 34 that he believes he has a solid argument to restore enough signatures to qualify, but that Jones has not yet made the decision whether to take the case to the Appellate Division.
Copyright 2016 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.