Summit County District Attorney Mark Hurlbert, who is running for the state Senate, fell short of making the primary ballot and said he’s not sure whether he plans to petition on, The Summit Daily News reports.

Hurlbert got 29 percent of the delegate vote while challenger Tim Leonard captured 71 percent. Candidates need 30 percent to make the ballot outright.

“I’m sorry Mark,” Sen. Al White, R-Hayden, who nominated Hurlbert, said afterward.

Here’s State Bill’s 2010 Senate Election Tracker: