Her run for Congress was the result of the decision of Bob Ney to bow out of the race and plead guilty to corruption charges.

Padgett announced that Ney and House Majority Leader John Boehner, who represents another district in Ohio, had asked her to run in his place.

On August 10, Ohio Attorney General Jim Petro ruled that the "sore loser" provision in Ohio law (ORC 3513.04, which says that "No person who seeks party nomination for an office or position at a primary election by declaration of candidacy or by declaration of intent to be a write-in candidate ... shall be permitted to become a candidate by nominating petition or by declaration of intent to be a write-in candidate at the following general election")[8] did not apply to Padgett running for Ney's seat because it was for a different office.

[10] That provision (ORC section 3513.052(B))[11] prevents someone from running for office "if that person, for the same election, has already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition, or has become a candidate through party nomination at a primary election or by the filling of a vacancy.

[5] The Ohio Democratic Party initially indicated that it would contest Padgett's eligibility by filing a lawsuit when she became a candidate.

[9][13] However, on August 18, the party said that it would not, because Padgett faced six opponents in the special primary and avoiding a lawsuit would save money for their fall campaign.

[14] The Tuscarawas County elections board heard the complaint on August 20 and voted 2–1 along party lines to reject it.

[17] Ney aide John Bennett also withdrew, and candidate Gregory Zelenitz was rejected by the Tuscarawas County Board of Elections.

[19] She faced Zack Space, a Dover, Ohio lawyer and hotel developer, in the November general election.

[21] Stewart won the seat, and Padgett retired from Ohio politics when her term expired in December 2008.