Buffalo, N.Y. (WBEN) - In the complex battle over whether Buffalo Mayor Byron Brown's name should appear on the November ballot in the election, his Democratic opponent, India Walton, is celebrating a stay by a state appellate court judge of Judge Paul Wojtaszek's order that Brown's name be included on the ballot on the independent "Buffalo Party" line.
Judge Nancy Smith of the Fourth Department of the New York State Supreme Court's Appellate Division issued the stay Wednesday. Wojtaszek issued his decision last Friday, saying the state's deadline for independent nominating petitions was "excessively early" and unconstitutional.
In a statement Wednesday, the Walton campaign said, "This is clearly a wise decision," said Walton. "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."
The Walton campaign is waiting to hear the outcome of its federal appeal of Judge John Sinatra's preliminary injunction, also handed down Friday, which similarly grants Brown's "Buffalo Party" a ballot line. The Erie County Board of Elections has joined in that appeal effort.
The court challenges are upending the Board of Elections original deadline of 4pm Thursday to certify the ballot.
