The State Supreme Court on Thursday dismissed a lawsuit brought by Republican candidate in the 18th congressional district, Chele Farley, seeking to remove Serve America Movement party candidate Scott Smith from the Libertarian Party line.

What You Need To Know

  • A lawsuit seeking to remove SAM candidate Scott Smith from the Libertarian Party line in NY18 was shot down by a judge in Westchester Supreme Court on Thursday

  • The suit was filed by Republican candidate Chele Farley

  • Over 40,000 early votes have been cast in the 18th congressional district

It was revealed on Wednesday that Smith did not, in fact, receive the nomination from the Libertarian Party. Smith confirmed this to be true, conceding in a written affirmation to the court he was not entitled to the ballot line.

"I did pursue the Libertarian line early on and sought their endorsement, but that never should have occurred on the ballot because the State Committee never filed the Wilson Pakula," said Smith. "I never filed an acceptance letter and thought the issue was dead at that point. I only learned I was on the ballot when I was contacted by the Orange County Committee chair."

A Wilson Pakula is the form granting written permission for candidates to run on a particular party line if not registered with that party. ​

In a statement, Farley said in part “I’m disappointed by this ruling. This was not an error made by any of the three candidates in this race, nor was it our duty to catch. It was the responsibility of the NYS Board of Elections to check party registration, but they are overwhelmed and understaffed. We have to wonder how many other races have been impacted by similar blunders that simply haven’t yet been caught."

The State Board of Elections, in its affidavit, said making the changes requested by Farley “is simply not possible this close to Election Day.”

The court agreed and the case was dismissed. Democratic candidate and sitting U.S. Rep. Sean Maloney declined to comment.

So far, over 40,000 early votes have been cast in the district.