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Appellate Division upholds ballot authorization

  
   By Robert J. McCarthy

   The Appellate Division of State Supreme Court has upheld a lower court decision allowing the authorization of two non-Democratic County Legislature candidates to run on the Democratic line on election ballots this November following the claim of a missed filing deadline.

   Erie County Democratic Chairman Jeremy J. Zellner announced the appellate ruling, saying it is a win victory for the party in the controversy.

   "The Democratic Party believes that voters deserve a choice at the ballot box and we are committed to preservng the pubic's right to fair and open elections," he said.

   Republican Elections Commissioner Ralph M. Mohr filed the appeal of an August decision by State Supreme Court Justice Henry J. Nowak dismissing the GOP lawsuit that sought invalidation of the legislative candidacies of William C. Conrad III against Republican incumbent Kevin R. Hardwick in District 4, and of Alan K. Getter against Republican incumbent Edward A. Rath III in District 6. The case also involves 16 candidates on the town level.

   Republicans claimed the Democrats had failed to postmark their authorizations allowing candidates registered with another party to run on their line by the July 15 deadline, while Democrats submitted a Postal Service affidavit pointing to post office error as the reason.

  Nowak ruled that a “timely mailing can be demonstrated absent a timely postmark.”

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About Politics Now

Robert J. McCarthy

Robert J. McCarthy

A native of Schenectady, Robert J. McCarthy came to The Buffalo News in 1982 following a six-year stint at the Olean Times Herald. He is a graduate of St. Bonaventure University, and has been covering local, state and national politics since 1992.

rmccarthy@buffnews.com


Tom Precious

Tom Precious

Tom Precious joined The Buffalo News in 1997 as bureau chief at the state Capitol, where he covers everything from statewide politics and state government fiscal affairs to health care, environmental and municipal government matters. Prior to The News, he worked for news outlets in Albany and Washington, DC.

tprecious@buffnews.com


Jill Terreri

Jill Terreri

Jill Terreri is an Amherst native and has covered politics and government in upstate New York since 2003. She joined The Buffalo News in 2012 and covers City Hall.

@jillterreri | jterreri@buffnews.com


Jerry Zremski

Jerry Zremski

Jerry Zremski, The Buffalo News Washington bureau chief, has reported from the nation's capital since 1989 after joining The News as a business reporter in 1984. A graduate of Syracuse University, Zremski is a former Nieman fellow in journalism at Harvard University. In 2007, he served as president of the National Press Club.

@JerryZremski | jzremski@buffnews.com

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