Rep. Vito Fossella (R-N.Y.), who decided earlier this year against running for reelection, is trying to get back onto the November ballot for his seat, reports the New York Daily News.

The newspaper spoke to a source close to Fossella who said that "it's absolutely true" that the six-term congressman is plotting a comeback. Fossella said he wouldn't seek his party's nomination for the New York City seat after he was arrested on a drunk driving charge in May and then admitted to having fathered a child with his mistress.

Former state Assemblyman Robert Straniere won last week's GOP primary. He will face City Councilman Michael McMahon, who won the Democratic primary.

A candidate can only be replaced on the ballot if he dies, moves out of the state or is nominated to a judgeship.