DENVER – Ryan Frazier appealed to the Colorado Supreme Court on Tuesday a ruling that he failed to qualify as a candidate for U.S. Senate.

The Colorado Secretary of State’s Office determined April 28 that Frazier failed to turn in enough valid signatures to appear on the Republican primary ballot in June.

State law allows candidates to petition onto the ballot by collecting 10,500 signatures from verifiable registered Republicans. At least 1,500 must come from each of Colorado’s seven congressional districts.

Frazier was 52 signatures short in the 1st Congressional District, six signatures short in the 2nd District, missed by 306 in the 3rd District and was 44 signatures shy in the 6th District.

Frazier challenged that ruling in Denver District Court on the grounds that the secretary of state erroneously threw out a number of valid signatures.

Judge Elizabeth Starrs ruled that many of the signatures invalidated by the secretary of state should be considered valid given additional evidence Frazier’s attorney brought forward in court.

But Frazier was still left several hundred signatures short in the 3rd District.

Starrs’ ruling restored Colorado Springs businessman Robert Blaha to the ballot for the Senate race. Blaha will compete against El Paso County Commissioner Darryl Glenn, former Colorado State University athletic director Jack Graham and former state Rep. Jon Keyser.

Starrs ruled Frazier should appear on the ballot despite falling short because his appeal would come after ballots were printed for military and overseas voters.

If Frazier’s appeal is denied or the Supreme Court decides not to hear the case, he will be out of the race and any votes cast for him will not be counted.