According to a story in the morning’s Buffalo News, Jack Davis was informed yesterday in state court that he would not be able to run on his Save Jobs Party line.

Justice Richard M. Platkin of Albany disagreed with Davis’ contention that his petition to form a minor party line called Save Jobs and Farms should have been accepted even though he failed to file a certificate of acceptance on time, as required by state election law.

Davis argued that the state Board of Elections should have provided him an opportunity to submit the late application anyway and that the board acted “arbitrarily and capriciously” in not allowing him to file.

The judge ruled otherwise.

“The court concludes that this case is governed by myriad authorities holding that the failure to timely file a certificate of acceptance is a fatal defect that cannot be cured or excused,” Platkin wrote.

Davis said he would consider endorsing Democratic nominee Alice Kryzan if she would carry his anti-free trade banner, but he didn’t think she “got it.”

That leaves the race as follows: Chris Lee (R), Alice Kryzan (D), Jon Powers (WFP), and Anthony L. Fumerelle (I).