DENVER – Jon Keyser, the former state representative who resigned his seat to run for U.S. Senate, failed to make the ballot Monday, falling 86 valid signatures short in one of Colorado’s congressional districts.

Colorado Secretary of State Wayne Williams said Monday that Keyser submitted 16,067 signatures. Of those 11,436 were valid. He only needed 10,500 valid signatures but 1,500 had to come from each of Colorado’s seven congressional districts.

Keyser’s campaign spokesman responded in an email almost immediately that this isn’t the end of the matter as the Republican tries to get his name on the June 28 primary ballot.

“We are confident that we secured the necessary number of signatures to appear on the ballot and we will be pursuing legal action to ensure thousands of Coloradans are not disenfranchised,” said Matt Connelly, Keyser’s communications director.

Keyser has five days to appeal to Denver District Court where his campaign can challenge any of the 604 signatures that the Secretary of State deemed invalid in Congressional District 3. Keyser turned in 2,018 signatures from that district, so only had 1,414 valid signatures.

El Paso County Commissioner Darryl Glenn and former Colorado State University athletic director Jack Graham are on the ballot. Glenn won his seat through Colorado’s caucus system. Graham petitioned on.

Two other Republican candidates are waiting to hear if their petitions are valid: El Paso County businessman Robert Blaha and former Aurora City Councilman Ryan Frazier.

According to campaign finance reports filed with the Federal Election Commission, Keyser’s campaign paid Clear Creek Strategies in Denver $140,250 for petition gathering in the first quarter of 2016. The campaign spent a total of $200,099.75 during that period.

Keyser had received $300,209 in contributions during that period and had loaned his own campaign $100,000.

Graham paid Kennedy Enterprises, of Colorado Springs, $236,267, FEC reports show. Campaigns are not allowed to duplicate signatures, so any that Graham used to get on the ballot cannot be used by another candidate. Names can be considered invalid for a number of reasons including not being registered to vote, or not being a registered Republican. Additionally several signatures did not have an identifiable congressional district.

Jon Keyser will be on the ballot for U.S. Senate, according to a Denver District Court Judge who ruled Friday that Keyser turned in enough valid signatures to compete in the June Republican primary.