The debate over downsizing the Erie County Legislature is now in the hands of the New York State Supreme Court. State Supreme Court Justice Frank Sedita Junior will hear hear arguments from activists challenging the Erie County Board of Elections' decision to remove a downsizing proposal on November's ballot. The proposal, would give residents a chance to decide whether or not to reduce the size of the legislature from 15 members to 11. The Erie County Board of Elections cancelled the vote because of a technical error with filing. Following the cancellation, local downsizing activist Kevin Gaughan filed suit against the board of elections, joined by and the the legislature's Republican Caucus.
"Unfortunately the Erie County Board of Elections are using taxpayer time, money, and energy to thwart the taxpayer will and that's what is fundamentally wrong here," said Gaughan. "That's what I'm asking the court to change and to fix."
The Erie County Board of Elections Commissioners did not comment following today's court appearance. All parties involved are expected back in court Wednesday morning