Leg. downsizing back on ballot in EC

BUFFALO, N.Y. (WIVB) - A State Supreme Court justice held the key to putting Legislature downsizing on the ballot in Erie County this November.

The judge's written decision is 18 to 20 pages long, but late Thursday afternoon, he summarized his ruling which, as it stands now, means the referendum to shrink the County Legislature will be on the general election ballot.

For the third day in a row, downsizing advocates, including Kevin Gaughan, gathered at State Supreme Court where Justice Frank Sedita overruled a decision by both Erie County Elections Commissions to scrap a referendum that if approved by voters on election day, would reduce the legislature from 15 to 11.

Justice Sedita said, "The proper officer to certify, from everything I've seen in evidence, is the legislative clerk."

The Elections Commissioners threw out the referendum last week, arguing that the paperwork was certified improperly when presented to them by the legislative clerk. To them, state election law clearly required the County Clerk to certify and transmit it. The judge had a different interpretation, and when summarizing his ruling, cited, in part, County Clerk Kathy Hochul's affidavit.

"I'm pleased the judge did what he did, that the voters of Erie County have a say on important resolution," said Hochul.

Noticeably absent from the courtroom were the two Elections Commissioners. An appeal to a higher court is now in the works.

Michael Perley, the Election Commissioners' attorney, said, "I disagree with the court's interpretation of the matter. [My clients] had other matters to attend to."

With downsizing, at least four legislators and an assortment of patronage hires would lose their jobs. Often referred to as the "downsizing guru," Kevin Gaughan was ecstatic about the ruling. He initiated this legal challenge. The County Executive and the majority of legislators jumped on.

Erie County Executive Chris Collins said, "It was a proper ruling, well thought out. The judge took it seriously and we agree with it."

"This decision is a great triumph for every Erie County residents who want to decide the size and cost of government," said Gaughan.

Again, a judge reversed the Elections Commissioners' decision, meaning this case is now likely moving onto a higher court. In the meantime, the county clerk did a survey on Thursday of other clerk's around the state. Of of the ten who got back to her, she claims they all handled similar propositions via the same bureaucratic path as was done in Erie County.