FORT LAUDERDALE, Fla. (CBSMiami/AP) — A federal judge rejected a lawsuit filed by Libertarian Party candidate Adrian Wyllie who was trying to be part of the next gubernatorial debate.

U.S. District Judge James Cohn denied the emergency motion without comment Tuesday.

The next debate between Republican Gov. Rick Scott and Democratic challenger Charlie Crist is set for Wednesday evening at Broward College in Davie.

CBS4 Anchor Eliott Rodriguez will moderate the debate that will air live on CBS4 from 7-8pm and will stream live on CBSMiami.com.

READ: Final Preps Underway For Florida’s Gubernatorial Debate On CBS4

Wyllie’s lawyers had argued that debate organizers raised the polling percentage he was required to meet in order to take part in the debate.

The organizers countered that the 15 percent polling threshold has been in place for years.

The third and final debate in the Florida governor’s race is Oct. 21 in Jacksonville, again without Wyllie. Most polls show a neck-and-neck race between Scott and Crist.

(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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