Mayor Brown loses 2 court decisions, will not be on November ballot
Reprinted from 2WGRZ
BUFFALO, N.Y. — Buffalo Mayor Byron Brown suffered two losses in court on Thursday in his attempt to get on the November ballot and win a fifth term at City Hall.
First, A New York State appellate court ruled that Brown "first chose to participate in the Democratic primary election in lieu of filing a timely independent nominating petition. States are constitutionally permitted to preclude candidates who lose one primary election from subsequently running on another ballot line."
Then the U.S. 2nd Circuit of Appeals Court said Mayor Byron will not be on the November ballot.
2 On Your Side received a confirmation that Brown will not be on the ballot from the Erie County Board of Elections.
The decision by the New Your State's Fourth Department was one of two that prompted the Erie County Board of Elections last week to wait to print ballots in the race while obeying court orders simultaneously.
"We are very glad the Fourth Department has upheld the rule of law," Walton said in a statement about the decision. "Buffalo voters deserve clear, transparent election laws. This decision is an acknowledgement of the duly elected New York State legislature’s right to set our political calendar.
"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."
When Brown lost the Democratic primary to newcomer India Walton in June, he gathered petition signatures seeking an independent line on the ballot for a new Buffalo Party.
The Erie County Board of Elections commissioners rejected the petitions, noting they were almost three months late. The Brown campaign legal team responded by filing challenges in both state and federal courts, claiming the state election law deadline for independent candidate petitions was unconstitutional.
Judges in both cases ordered Brown’s name on the ballot. But the state court ruling was challenged in appellate court, with Walton’s attorneys getting a temporary order blocking completion of the Buffalo mayoral ballot.