His lawyers are scheduled to argue his case Tuesday before a panel of federal appeals judges in Philadelphia to put him back in the race.
A judge agreed last week that he should not be on the ballot in New Jersey's 8th legislative District because he does not meet a four-year residency requirement.
The nine-time Olympic gold medalist wants to run for office as a Democrat, challenging Republican incumbent Dawn Addiego.
Lewis had grown up in New Jersey but had settled in California. He has owned homes in New Jersey since 2005 but also pays taxes and utilities on homes in California.