Downsizing Proposition Will Stay on Ballot

October 26, 2010 Updated Oct 26, 2010 at 2:56 PM EDT

By WKBW Programming

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Downsizing Proposition Will Stay on Ballot

October 26, 2010 Updated Oct 26, 2010 at 2:56 PM EDT

BUFFALO, NY (WKBW) - The referendum to downsize the Erie County Legislature from 15 to 11 members will remain on the November 2nd ballot.

The Erie County Board of Elections has withdrawn its appeal to remove the proposition from the ballot following an appellate court hearing in Rochester Monday. That appellate court had yet to issue a ruling on the appeal.

“Since a number of ballots have already been printed containing the downsizing proposition and all voting machines have been programed to count this question, the Board decided this afternoon to instruct its staff to immediately begin the process of sealing the voting machines and placing them on the trucks for delivery to the poll sites,” Commissioner Mohr announced. “The Board simply ran out of time to make any changes to the ballot.”

The Board of Elections had charged that the proposition was improper due to the fact that the county legislature did not approve the wording of the proposition and that the paperwork required to place it on the ballot was not certified according to election law. A charge the Board of Elections maintains.

“As it is, elections staff have already begun working through the night to print the half million ballots needed for next week’s election,” Mohr stated. “It will take the remainder of this week through Monday to finish printing the ballots and complete the delivery of election supplies so polls may open on time next Tuesday.” Commissioner Mohr concluded.