BUFFALO, N.Y. (WBEN) - Buffalo Mayor Byron Brown's effort to get his name on the November ballot is not over.
The incumbent mayor suffered two court defeats Thursday. But there is still room to wage one more appeal according to Erie County Elections Commissioner Ralph Mohr.
"As of now, India Walton will be the name that will appear on the ballot on the Democratic line in the Buffalo Mayoral race. There will also be a write-in spot where people can write in the name of another candidate other that Walton, if they desire," said Mohr.
A state appellate court unanimously overturned a previous ruling in favor of Brown on Thursday morning. Later in the day, the 2nd Circuit of the U.S. Court of Appeals issued a stay in the federal case, nullifying the preliminary injunction issued by U.S. District Judge John L. Sinatra Jr. that ordered the Erie County Board of Elections to place Brown on the ballot.
"Even though the state and federal courts issued a stay on Byron Brown's challenge to be put on the ballot, the federal ruling was only issued on the stay and not the merits," said political analyst Jack O'Donnell with O'Donnell and Associates. It provides Brown another opening to get back on the ballot. "He absolutely has a shot, but that window is closing," he added.
The final appeal on the merits of federal case can be filed with the State Court of Appeals in Albany, the state's highest court.
Brown, has continued to run as a write-in candidate since losing the Democratic primary election in June. He did not attempt to run on any other party line until filing with the Buffalo Party in August, months after the May 25 deadline, hoping the recent change in the election calendar would be ruled unconstitutional.
Meanwhile the ballot is being certified Friday in the Mayor's race. "Ballots are being mailed today. We're going to mail a little over a thousand ballots to military and overseas personnel. About 173 of those ballots go to residents of the city of Buffalo," said Mohr. If there is a court decision which would reverse the decisions from Thursday, we would re-mail ballots with an explanation as to why they are receiving a second ballot." He said It would only apply to 173 people.
Within the next two weeks, the Erie County Board of Elections will be mailing ballots to people in nursing homes, or to people who have requested ballots.
"We're going to hold off and wait and see what the courts decide before we mail a majority of those ballots, which could be in the neighborhood of 12 to 13-thousand," said Mohr.
Under federal law, the deadline for mailing ballots to military and overseas personnel is 45 days before an election. That would be Friday, September 17.
Mohr said there is no real deadline with respect to the remaining absentee ballots, although they try to get those out well in advance of the election
to give people an opportunity to return them. "Generally, those ballots go out the first or second day in October. We would like to mail them out a little earlier this year," he said.
Walton said Thursday's decision acknowledged the Legislature's right to set New York's political calendar.
"If everyday Buffalonians are late on rent, parking fees, or school assignments, they face consequences. There is no reason the rules should not apply to my GOP-backed opponent as well," she said.
A statement from Brown's campaign manager Conor Hurley said the write-in effort will continue.
"Our campaign remains focused on what has sustained us all along, which is ensuring that Buffalo's progress continues, and that no matter what method people vote by, that they will have the ability to cast their vote for a qualified and experienced candidate," Hurley said.
