BUFFALO (WBEN) - The Erie County Board of Elections met Friday to certify the ballot for the November election. The ballot picture became clearer after two court decisions were handed down in the race for Buffalo mayor.
Commissioners Jeremy Zellner and Ralph Mohr were waiting for decisions on whether Byron Brown could be on the ballot on the Buffalo Party line. 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 Sinatra Jr. that ordered the Erie County Board of Elections to place Brown on the ballot.
"As you are aware, the Appeals Court of Rochester yesterday reversed the decision of the lower state court and held that the filing deadlines established by the State Legislature were constitutional and the state had a legitimate interest in setting those deadlines," said Mohr. "That was followed by a decision that came approximately an hour later by the Federal Appeals Court in New York City, which blocked Judge Sinatra's preliminary injunction, which previously prohibited us from enforcing the deadline.
"The petition, which was filed by Mayor Brown, was ruled invalid by the Board of Elections based upon that deadline, so we're going to continue to certify the ballot and to act in accordance with the ruling of the Board of Elections as confirmed by the courts," he continued. "There still might be the possibility of an appeal, which could be exercised by Mayor Brown."
India Walton has been challenging Brown's entry saying the Buffalo Party line came after the deadline in May. In June, Walton defeated Brown in the mayoral primary.
