The New York Court of Appeals has kicked a candidate for member of the New York State Democratic Committee off the September primary ballot for failing to explicitly state she is a woman.

Penny Mintz, who was running to be the female member of the committee in the 66th State Assembly District, will officially not appear on the ballot next month. The decision, which was split 5-2, affirmed an opinion by Manhattan Supreme Court Justice Carol Edmead and the Appellate Division, First Department.