The Erie County Board of Elections will decide Tuesday whether to appeal one or both decisions handed down Friday that allow Mayor Byron W. Brown to appear on the ballot in November on an independent line.
Jeremy J. Zellner, the Democratic commissioner at the Board of Elections who is also the Erie County Democratic Committee chairman, says he thinks the county should appeal.
“I’m publicly in favor of appealing,” Zellner said Saturday.
Republican Elections Commissioner Ralph M. Mohr said Saturday that he hasn’t made up his mind about how to proceed.
“I’ll decide that at the meeting,” Mohr said. He also said he thinks the rulings that allow Brown to be on the ballot mean there is no deadline anymore and that means other people may petition to be on independent lines for the upcoming election.
Both commissioners must agree in order for the county to move forward, Zellner said.
The decision will be made during a hearing scheduled for 2 p.m. Tuesday in the third-floor conference room at the board’s offices, 134 W. Eagle St.
The public will have a chance to weigh in. Participants and attendees of the public hearing will be required to wear masks inside the county facility.
Brown, who lost the Democratic primary to India B. Walton, missed a May filing deadline for the ballot line by nearly 14 weeks. On Aug. 27, the Erie County Board of Elections shot down Brown’s bid for his name to appear on an independent ballot line, ruling his submission was “untimely” because it was not filed by the deadline set earlier this year by the state Legislature.