Walsh added the lawsuit was to "ensure the integrity of the process."
Clyne said if the judge dismisses the lawsuit the original Independence party objection would go back to the county board of elections.
Working Families Party of the Capital District spokeswoman Karen Scharff told The Spotlight last week that her party thought Messina was the better candidate and that they never gave Cunningham their support partly because he never interviewed for it.
She said Cunningham was disrespectful to the party and was trying to use the Working Families Party for another ballot line, rather than because he believed its political philosophy.
Scharff said the same of the Democrats' regard for the county's Independence Party.
"The Democrats obviously have some sort of deal with the Independence Party in the town of Bethlehem," said Scharff.
However, the Working Families Party has also endorsed Bethlehem Independence Party Chairman Mark Jordan for Town Board along with Messina for supervisor. Messina carried the petitions for both of them, saying Jordan "didn't collect a single signature."
Jordan, on the other hand, voted along with the rest of the Albany County Independence Party executive committee, including Assemblyman Tim Gordon and Albany County Chairman Paul Caputo, to unanimously endorse Cunningham over their own party member for supervisor.
Jordan said he understands Scharff's position, but objected to her characterization of his own party.
"There's no deal in the Town Board races," he said. "The Republicans never came to the Independence Party to interview, we only had Democrats and our own members to choose from."
Republican Highway Superintendent Gregg Sagendorph did interview and receive the Independence Party endorsement for his re-election bid, which he has in the past, but is running unopposed.
For updates on the Thursday, Aug. 6, ruling on the Independence Party petition objection, visit www.spotlightnews.com.