A New York Supreme Court Judge issued a ruling that will keep third-party candidate Anthony Frascone on the November ballot in the race for the state's 17th Congressional District. The decision, which comes days before Saturday's start to early voting and weeks after mail-in ballots were sent out, muddies the water ahead of one of the most competitive House races in the country. Judge Janet Malone ruled against the Petitioner's challenge to remove Frascone's name from the ballot after determining the statute of limitations to bring this type of lawsuit had passed and that the group of voters from all four counties in the district failed to prove Frascone was an invalid candidate. Attorneys for the petitioners argued Frascone's 2022 conviction for insurance fraud should have disqualified him from the race but the judge disagreed. “We appreciate Judge Malone’s thorough and thoughtful determination, however, we are still perplexed by the Local Boards' desire to advocate on behalf of a convict in contravention of the election law," petitioners' attorney Keith Corbett told News 12 in a statement. "My clients are weighing their appellate option." Frascone defeated Democratic candidate and former Rep. Mondaire Jones in a low-turnout June primary election. Democrats have accused Republicans including Rep. Mike Lawler's campaign of propping up Frascone to siphon votes from Jones to help Lawler win reelection. Frascone has not campaigned or raised money for this race, though neither is a requirement for a candidate to remain on the ballot in New York state. For the first time on the record, Frascone responded to News 12's request for comment as he defended his campaign and said it was "God's will" that he's still on the ballot. "I won the election fair and square, I had the votes so I'm the candidate and we'll see what happens on Election Day," Frascone said. Generally, the Working Families Party backs Democratic candidates that align with their more progressive views. Jones was backed by the third-line party but had lost its support during a very public spat in June after Jones endorsed Westchester County Executive George Latimer in his primary race against progressive Democratic Rep. Jamaal Bowman in the state's 16th Congressional District. Jones was also criticized by the progressive arm of the party for his outspoken support of Israel in its war against Hamas. Latimer went on to easily defeat Bowman, and is a heavy favorite to win next month against Republican Dr. Miriam Levitt Flisser. Despite the split, the party said it is still encouraging all Working Families Party voters in the 17th district to skip the party's line entirely and cast their votes for the same candidates on the Democratic line. "Mike Lawler is trying to trick you," New York Working Families Party co-chair Ana María Achilla said. "Do not let Mike Lawler disrespect your intelligence." Chris Russell, a spokesperson for Lawler's campaign told News 12 in a statement: "The Working Families Party should have done a better job of getting out the vote in the primary." There are just over 1,500 people registered with the Working Families Party in this district, according to the state board of elections. Lawler won his first term two years ago by roughly 1,800 votes. The latest polling on this race had Lawler up 1% in a head-to-head with Jones but found Frascone polling at 3% in a three-way race. This is considered one of the most competitive and closely watched congressional races in the country; one which political experts believe could determine which party controls the House next year.