Lawsuit over EC leg. downsizing measure

BUFFALO, N.Y. (WIVB) - A courtroom battle could decide whether Erie County voters will have the choice to downsize the County Legislature.

Erie County voters were supposed to get a crack at downsizing the Legislature. But a technicality has, for now, derailed the ballot referendum, that if approved, would shrink the legislature from 15 to 11.

Downsizing advocate Kevin Gaughan wasted no time filing a lawsuit in State Supreme Court, challenging the decision by the Erie County Board of Elections to throw out the ballot referendum.

"I disagree with their hyper-technical objection to a very important opportunity for county residents to go to a voting booth and decide for themselves," explained Gaughan.

Democratic Elections Commissioner Dennis Ward cites state election law as the reason for the board's decision. He says the law requires County Clerk Kathy Hochul to certify the paperwork and send it to the board.

Ward explained, "The election law says very specifically that the text has to be certified by the County Clerk and forwarded to the Board of Elections. That's what we're talking about here."

In this case, the clerk of the Legislature sent the paperwork over. County Clerk Kathy Hochul says she can't recall this being an issue in the past.

"Historically, the County Clerk's office has not been the party that transmits resolutions for referendum to the Board of Elections. So to start this practice in 2010, I have a real problem with that," said Hochul.

Members of the Legislature's Republican caucus plan to file a lawsuit challenging the Board of Elections.

Erie County Legislator John Mills said, "It smacks of politics. It's a technicality, obviously. We think it's a weak technicality, but it's in the law. And it's unfortunate."

County Executive Chris Collins joined with Republican lawmakers to lend his support to the legal challenge.

"We're confident that the courts will uphold the will of the people, and that this will be on the ballot November 2nd," said Collins.

A hearing on Kevin Gaughan's lawsuit is scheduled for Tuesday afternoon in State Supreme Court.