AUBURN - Acting state Supreme Court Judge Peter Corning said Thursday he couldn't rule on the validity of arguments for and against banning 16 named petitioners running to become county committee members of the Independence Party.

The issue was one of a missed legal deadline and not the arguments' substance, Corning said.

Party leaders said they have other causes of action to file new legal petitions.

Corning said the petition to ban the candidates was filed on time in the court clerk's office, but because of delays on the part of the court the petition were not served on the respondents on time. Election law has very strict deadlines of when these steps must be taken.

Cayuga County Independence Party chairman Frederick Farrell was petitioning the judge to review a decision by the county Board of Elections that allowed the petitioners to run for the party's committee in the September primaries.

Farrell, who acted as his own attorney, said the petitioners switched affiliations from Republican to Independence in October, and they are attempting to take over the committee to control who is nominated for public office.

Thursday's decision was a replication of a case last year involving candidates for the Owasco Town Council on the Democratic party line. Corning ruled in favor of petitioners in that case, in part, because of similar court delays. But the state Appellate Division, Fourth Department, overturned Corning's decision and dismissed the petition.

Farrell said he may file new petitions as soon as today, based on other election law sections.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net