Donald J. Lucas, an independent candidate in the 118th Assembly District, was tossed off the ballot Friday after he failed to submit a vital acceptance form to the state Board of Elections on time.

Robert A. Brehm, deputy state elections board spokesman, said Mr. Lucas's first certificate accepting his nomination as the River District Party candidate was incomplete because it lacked a notary's acknowledgment that the candidate had signed the form in his or her presence. Although the Massena man tried to submit a second complete certificate, Mr. Brehm said, it did not meet the Aug. 22 deadline.

A three-commissioner panel unanimously ruled that Mr. Lucas's petition is invalid. The candidate now has until Wednesday to challenge that ruling in front of a state Supreme Court judge.

Mr. Lucas, who attended today's meeting in Albany, could not be reached for comment.

Democrat Addie J. Russell and Republican Robert W. "Bobby" Cantwell III are the two other candidates for the vacant seat.

"It's unfortunate to say the least," said Mr. Cantwell. "I think Don Lucas is a straight-up guy and I welcomed him to the campaign. I hope he can find his way through this. It's an unfortunate circumstance."

Mrs. Russell agreed that it was "unfortunate" that Mr. Lucas had been removed.

"We should be encouraging people to be active in government, and questionable loopholes like the ones that got Don kicked off act as impediments to — and not agents of — the change and progress we need," she said in a press release.

The Democrat vowed to fight for the "valid and pressing issues" that Mr. Lucas raised "about the depletion of north country waters."