A State Supreme court has thrown Rep. Nan Hayworth off of the Independence Party line after determining that she didn’t submit 770 valid petitions. The ruling was handed down by the Hon. Sam D. Walker – a Democrat.

Hayworth’s campaign submitted 814 signatures. The court threw out 66 signatures that the Board of Election had deemed valid. That left Hayworth’s campaign with 748 valid signatures, which is 22 short of the required 770 that was needed to secure ballot access.

The Hayworth campaign is currently reviewing the ruling.

Update: Hayworth campaign is going to appeal the ruling to the Appellate Division 2nd Department in Brooklyn.

“We want to make sure that the Independent voters in the district have a place to vote, because they have been disenfranchised by this decision,” campaign attorney Guy Parisi said.

In 2010 the John Hall campaign also attempted to invalidate Hayworth’s attempt to get on the Independence line, but their case was thrown out by a state supreme court.

From an optics standpoint, getting the Independence line would be good for Hayworth who has been positioning herself as a more moderate Republican. In 2010, she was a vocal critique of the Affordable Care Act, which gained her a lot of tea party support in the district. Since then, she has broken with her party on several votes including one that would have allowed drilling in ANWR – the Alaskan National Wildlife Refuge.

With or without the Independence line, Hayworth will face off against Democrat Sean Patrick Maloney in November.

Hayworth Order