COLTON — An anticipated primary for the Republican Party nomination in the state’s 45th Senate District will not take place.

State Board of Elections staff recommended on April 15 that the nominating petitions of retired English teacher Kevin Beary of Colton be dismissed, saying they did not contain enough valid signatures to earn him a place on the June 23 primary ballot. That determination was upheld by the elections board on Monday, and a legal review of Beary’s petitions has been withdrawn.

The decision leaves current Assemblyman Dan Stec, R-Queensbury, as the only Republican running to succeed longtime state Sen. Betty Little, who is retiring at the end of her current term. Stec will face Democrat Kimberly Davis, the Clinton County treasurer, in the November general election.

Beary had filed petitions to run for the GOP nomination containing 361 signatures on March 30 — the deadline under revised elections rules put in place because of the COVID-19 pandemic. A review by state Board of Elections staff invalidated 156 of those signatures, leaving Beary with only 205.

An executive order issued by Gov. Andrew M. Cuomo set the minimum number of required signatures at 300.

“Therefore, as the petition does not contain the requisite number of signatures, it is found to be invalid,” an April 27 determination by elections board co-executive directors Robert A. Brehm and Todd D. Valentine states.

Prior to the BOE ruling, the state Supreme Court had convened a hearing on challenges to Beary’s petitions filed by three Queensbury-area Republicans. The challenges cited the initial determination by BOE staff that the petitions were deficient.

Beary sought to have the challenges dismissed, arguing that the objections filed to his petitions referred to them as being for the Working Families Party nomination — which he had not sought. But state Supreme Court Justice Justin Corcoran noted that other documents in the case made it clear the matter involved the Republican nomination.

Corcoran did not rule on Beary’s status, instead adjourning the matter until April 29 — the last date for the elections board to decide on Beary’s petitions.

As a result of the BOE ruling on April 27 that effectively ended his campaign, the objections to Beary’s petitions were withdrawn when the court hearing reconvened.

“I think it’s unfair to the voters,” Beary said of the elections board ruling. The decision deprives voters in the 45th Senate District — particularly those in the western end of the district — of a choice, he said.

Beary noted that Stec, like Little, is from Queensbury — an area he said has more in common with Albany than the rural areas of Franklin and St. Lawrence counties. Voters in those areas should have at least had the opportunity to have their voices heard in the primary, he said.

Beary also decried the “technical maneuvers” and the state’s difficult-to-navigate ballot access regulations that are weighted toward incumbents and candidates who have the backing of party leadership.

Despite his disappointment, Beary said he plans to make another run for elected office, probably in 2022, after the lines for state and federal elective districts are redrawn as a result of the census. Those changes may make the district more competitive for someone like him who is outside the major party power structure, he said.

And even if he doesn’t win, Beary said another bid for office will enable him to get his ideas out to more voters. “I don’t necessarily have to win the election” to make an impact, he said.