The Court of Appeals has refused to hear the appeal of Erie County Republicans challenging the candidacies of several non-Democrats seeking to run this year on the Democratic Party line.
The result is that William C. Conrad III will run against Republican incumbent Kevin R. Hardwick in District 4 of the County Legislature, and Alan K. Getter will challenge Republican incumbent Edward A. Rath III in District 6. The case also involved 16 candidates on the town level.
Republicans claimed Democrats had failed to postmark their authorizations allowing candidates registered with another party to run on their line by the July 15 deadline, while Democrats submitted a Postal Service affidavit pointing to post office error as the reason.
The Appellate Division rejected the GOP appeal, and the state’s high court announced later that it would not hear an appeal to the original ruling of State Supreme Court Justice Henry J. Nowak. He ruled that a “timely mailing can be demonstrated absent a timely postmark.”