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Rayburn, R-Canandaigua, announced Wednesday that he was kicked off the Aug. 23 primary ballot. He filed petitions to join three other Republicans seeking the nomination 鈥� U.S. Rep. Claudia Tenney, Mario Fratto and George Phillips.聽

According to Rayburn's campaign, Tenney's supporters challenged his petitions. There were court proceedings and then the ruling on Wednesday that he did not collect enough valid signatures to qualify for the primary.聽

To be eligible for the primary, he needed a minimum of 1,062 signatures.聽

"I'm disappointed that I will not appear on the primary ballot," Rayburn said. "We ran into some issues with some of our petitions, knocking us down below the required number of signatures. At the same time, I'm frustrated with the disservice being done to the residents of this district."聽

He continued, "I had only 17 days to collect and vet more than 1,000 signatures. My opponents, however, had 38 days to do the same. Unlike Ms. Tenney, I sought out the approval of district residents and received their signatures in support of my campaign to represent them. Her petition signatures are from an entirely different district: the one she had initially announced her run for."聽

Rayburn's complaint stems from a ruling made by state Supreme Court Judge Patrick McAllister after the state Court of Appeals threw out the initial set of congressional district maps. As McAllister oversaw the redrawing of new district lines, he changed the date of the primary from June 28 to Aug. 23 and allowed candidates who already filed petitions to submit a certificate of designation to secure their spot on the primary ballot.聽

There was no prohibition on using the certificate to run in a different district. When Tenney collected signatures to run for reelection, she initially planned to run in the 23rd district 鈥� a largely Southern Tier district. When the new maps were drawn, she changed course and opted to run in the 24th, a 12-county district that stretches from western New York to the North Country. All of Cayuga is in the district.聽

With Rayburn's ouster, there will be a three-way primary for the GOP nomination. Tenney is considered the favorite since she is the incumbent. Fratto, of Geneva, is an attorney and operates his family's granite manufacturing business. Phillips is a former Broome County legislator who has faced Tenney in two other GOP primaries for Congress. He lost both of those races.聽