BUFFALO, N.Y. (WIVB) – Buffalo Mayor Byron Brown has lost his first attempt at getting his name on the ballot in November under a newly created “Buffalo Party.” Brown’s campaign is expected to appeal.

After a hearing on Friday afternoon, the two commissioners from the Erie County Board of Elections have denied the Brown campaign’s petition to run on independent line because the commissioners say it was not filed before the May 25 deadline to do so.

India Walton defeated Brown in the June primary election to earn the Democratic nomination for Buffalo mayor. Brown has continued to run as a write-in candidate, but sought this challenge as a way to get listed on the ballot.

Earlier this year, New York State lawmakers changed election law to require candidates to file independent petitions 23 weeks in advance of the November election. Up until this year, candidates had up until 11 weeks before the election to file such petitions.

On Aug. 17, the Brown campaign filed a petition in the hopes that the Board of Elections would consider using the traditional previous deadline. The petition contained 3,500 signatures supporting Brown’s bid to run under a new Buffalo Party. Only 750 valid signatures would be needed if the deadline was not an issue.

“I would like to congratulate the Erie County Board of Elections on meeting its constitutional duty to uphold state law and reject this untimely submission of ballot petitions,” Walton said in a statement shortly after the decision was announced. “It is a shame that Byron Brown saw fit to subject the Board to this frivolous waste of time, rather than obeying the law, and showing voters and legislators the respect they deserve.”

This is a developing story. Check back for updates.

Latest news in the Buffalo mayoral race