Hearing officer Barbara Goodman said Tuesday that Tio Hardiman submitted enough signatures to get on the March ballot. But his candidate for lieutenant governor - Brunell Donald - was not legally registered to vote.
Hardiman says Donald moved and did not immediately register at the new address.
The State Board of Elections could decide the issue Thursday after another recommendation from the staff attorney.
Complicating matters is that for the first time, governor and lieutenant governor candidates appear on the ballot together.
Executive Director Rupert Borgsmiller says it's likely courts will decide the matter.