Assembly candidate David Kimmel is expected to have his name taken off the Republican primary ballot due to an error in his petitions.

Kimmel said his signatures were challenged, and it looks like they will be thrown out for not properly identifying what office he was seeking.

"There is case law that backs this up, and I am not going to clog the courts by challenging this," Kimmel said.

"I am going to stay in the race on the Conservative line, and it will be a three-way race."

Kimmel was seeking to challenge incumbent Republican Assemblywoman Janet Duprey in a Sept. 14 primary for the 114th District.

He collected 1,245 signatures, which was 745 more than the required amount, but he said he did not properly note on his petitions that he was seeking to become a member of the Assembly.

State Board of Elections Communications Director John Conklin said three general challenges to Kimmel's petitions have been filed.

People have until July 26 to file specific challenges, which will then be reviewed by a bi-partisan panel.

Conklin said that if Kimmel did not properly identify which office he was seeking, the signatures most likely will be thrown out.

"If he didn't do that, then he's got a problem."

Duprey said she was not the one who challenged Kimmel's petitions.

"The process is clear, and it is clearly spelled out how petitions are to be done, and it is up to the candidate to make sure they are done right," she said.

While having Kimmel's signatures thrown out will eliminate a primary, Duprey will still have to contend with him as a Conservative Party candidate.

She is also being challenged by Democrat Rudy Johnson of Malone.

"It looks like it will be a three-way race, and I am taking it seriously and will be working hard throughout the district," Duprey said.

Kimmel said the move to challenge his Republican petitions may backfire on the party.

"I am actually relieved that I will not be shackled by party chains and instead will be able to independently do what is in the best interests of the people of the 114th Assembly District.

"This political move by the Republican bosses may have inadvertently made me the most valuable commodity in the freshman class when I get to Albany.

"It is consistent with my pledge since day one, to work with anyone genuinely interested in fixing our dire economic problems regardless of party affiliation. I see this as a real positive change in events."

Johnson said news of Kimmel's pending removal from the Republican ballot will not affect his campaign.

"We are sticking to our message that we want to go to Albany and bring some new ideas, and we believe we can solidify the North Country with one loud voice."

E-mail Joe LoTemplio at:

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