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An updated look at who could lead NY's 26th Congressional District following Higgins' departure

Posted at 6:28 PM, Dec 18, 2023
and last updated 2023-12-18 18:28:49-05

BUFFALO, N.Y. (WKBW) — Buffalo Mayor Byron W. Brown now poses the last major question mark among potential candidates for the upcoming vacancy in New York’s 26th Congressional District following the Dec. 10 declaration by County Executive Mark C. Poloncarz that he will forgo the contest.

And as of this point, those around Brown say he remains very much a candidate.

Brown, according to sources familiar with the situation, continues to make his case to Erie County Democratic Chairman Jeremy J. Zellner, who essentially controls the nomination for an April special election to replace Rep. Brian Higgins. The 19-year veteran of Congress will resign in early February to assume the helm of Shea’s Performing Arts Center.

Zellner’s decision is expected to virtually guarantee the election of his choice in the overwhelmingly Democratic district. Any qualifying Democrat could then mount a challenge in the June primary, however, as could a Republican in the November general election.

Now, with State Sen. Timothy M. Kennedy emerging as the early favorite following his official entrance into the race, Brown must persuade the chairman that he offers the best chance for party unity.

“This changes the landscape a lot,” one knowledgeable source said of the Poloncarz decision. “Now it’s time for the mayor to make up his mind.”

Brown is expected to emphasize several perceived advantages to Zellner.

They include:

  • His almost universal name recognition throughout the district as leader since 2006 of New York’s second-largest city.
  • Though African Americans comprise only 18% of the district, Brown is noting his appeal to minority Democrats as Buffalo’s first Black mayor. But he will also emphasize his “cross-over” record in past elections for mayor and State Senate. In his last contest in 2021, for example, he posted his healthiest pluralities in predominantly white districts like Delaware and South.
  • The potential to become Western New York’s first Black congressman, an effort sure to be encouraged by powerful New York City Black congressmen like Gregory Meeks and Hakim Jeffries, the House minority leader. Indeed, Brown supporters say the pair can tap into a host of political action committees aimed at electing more Black members of Congress.
  • The suggestion of a compromise allowing Brown to go to Washington in exchange for support to Kennedy as mayor, a post most observers believed he has long coveted. Such a move could vastly extend Zellner’s now limited patronage power throughout City Hall.

The source said the mayor has already begun presenting his arguments to Zellner, noting Brown wishes to preserve party unity and is not threatening a primary challenge to Kennedy should he fail to secure the special election nomination.
“He is reaching out to Jeremy and saying ‘I want to be part of the process',” the source said.

Zellner said a few days ago that Brown is encouraged to make his case.

"He wants to talk," Zellner said. "He's interested."

Still, Brown could be facing a daunting challenge in light of Kennedy’s advantages in demographics and fundraising. The senator has built one of the wealthiest legislative campaign funds in New York as chairman of the powerful Senate Transportation Committee. His more than $2 million campaign treasury is ineligible for a federal election, but could be leveraged in various ways to aid his cause.

Kennedy is also already garnering significant support among town and zone chairs in his bid for Zellner’s blessing, which is expected to offer a host of incumbency advantages leading to any potential primary in June.

Indeed, Zellner said Kennedy is "far ahead" of Brown and Legislator Jeanne Vinal (who has also expressed interest) in fashioning a campaign operation.

"I am very impressed at this point in what he has put together in fundraising and forming a team," Zellner said. "And whoever does this has to be ready."

The source close to Brown said the mayor is expected to reach a decision in early January.