The D.C. Court of Appeals yesterday refused to review the city election board's decision to exclude Marie Dias Bemberry's name from the Sept. 14 Democratic primary ballot as a candidate for D.C. delegate.

The elections board ruled July 14 that Bembery could not be on the ballot because she failed to submit her nominating petitions on time.

Bembery appealed that decision to the court, arguing that her petitions should have been accepted because an aide who carried them was standing at the door to the board's District Building office before the 5 p.m. deadline July 7. Bembery had already stepped inside the office.

A three-judge panel, without comment, rejected her appeal.

Bembery, who wants to challenge incumbent Walter Fauntroy, said at a news conference yesterday: "We're not giving up. We're in this race to the finish." She said she is considering asking for a hearing by the full appeals court, adding: "If worse comes to worst, we will wage a very aggressive and sophisticated write-in campaign with the use of stickers."

The court yesterday also rejected without comment a separate appeal by realtor Patricia Wells, whose name was removed from the ballot by the board after it found she had not submitted the required number of signatures on nominating petitions to become a Democratic candidate for an at-large seat on the City Council.