Denver Jones, who lives in Candor and co-owns an electronics manufacturing company in Ithaca, was in Albany Tuesday.
The Libous campaign had challenged many of his petition signatures.
The New York State Board of Elections upheld many of those objections and ruled that Jones does not have enough valid signatures to appear on the ballot.
Originally, Jones' campaign had submitted more than 1,700 signatures.
However, currently, he only has 970 that are approved, 30 short of the 1,000 needed.
Jones and his campaign said they are confident that he will be able to get on the ballot.
NewsChannel 34 talked with Jones Tuesday afternoon. He said challenging Libous is a feat in itself, and he expected a battle.
"As it's progressed it's become obvious that they're trying to keep us off the ballot or make it so that it takes so long to get on the ballot that they're hoping that we can't do any campaigning. Neither one of those is going to happen as far as I'm concerned," said Jones.
The court hearing will be held Thursday in Albany.
Democrat and former Vestal Town Supervisor Anndrea Starzak is also running for the 52nd District State Senate seat.
A spokesman for Senator Libous said it appears that Jones could not get enough support from the people in the district to run, while Starzak could.
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