Downsizing Referendum to Appear on November Ballot

October 7, 2010 Updated Oct 7, 2010 at 4:26 PM EDT

By Ginger Geoffery

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Downsizing Referendum to Appear on November Ballot

October 7, 2010 Updated Oct 7, 2010 at 4:26 PM EDT

BUFFALO, NY (WKBW) - Residents of Erie County will have the opportunity to vote whether to downsize the Erie County Legislature this November.

State Supreme Court Justice Frank Sedita made his ruling Thursday afternoon after hearing arguments this week, allowing the referendum to shrink the size of the legislature from 15 to 11 members to appear on the ballot in the November general election.

That referendum had been stopped in its tracks by a problem with the paperwork submitted to the Board of Elections.

The problem had to do with who delivered the paperwork to the Board. The Board of Elections Commissioners say the County Clerk is supposed to do it, but the Clerk of the Legislature delivered it instead.

Downsizing advocate Kevin Gaughan, with the support of the legislature, filed suit in court after the referendum had been taken off the ballot.