The Monroe County Board of Elections rejected the nominating petitions submitted by Van White for the 25th Congressional primary because they didn't arrive on time.
Democratic Elections Commissioner Tom Ferrarese says the deadline to file was April 12th, and while White postmarked them that day, they didn't arrive at the Board of Elections until four days later.
"The petition was mailed to us, postmarked the 12th, and we did not receive it until the 16th," he said.
Ferrarese says the federal election for the 25th District is a court-ordered primary, and a regulation that the judge imposed is that any petition that is to be delivered must be received no later than one business day after the last day to file.
Ferrarese says the Board of Elections made those filing requirements available to candidates.
Four other Democratic candidates are on the ballot.
He adds White has the legal right to go to court over the Board of Election's ruling.
"From my perspective, our ruling was based on a federal court order. Beyond that, I can't say," he said.
White reportedly wants a judge to overrule the Board of Elections and put his name on the ballot.
WXXI’s calls and emails to White for comment have not been returned.