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Two reinstated in Fillmore Council race

A State Supreme Court justice Thursday reinstated two challengers in the Fillmore District Democratic primary for the Buffalo Common Council, re-establishing the possibility of a spirited race against incumbent David A. Franczyk.

Laurence F. Adamczyk and Samuel A. Herbert both were ordered back on the Sept. 13 ballot by Justice Donna M. Siwek after the two had previously been removed by commissioners of the Erie County Board of Elections.

Franczyk had objected to Adamczyk's candidacy based on his acknowledgment that he had not resided in Fillmore for one year as required by the City Charter.

The board agreed and ordered Adamczyk, the former Democratic elections commissioner, off the ballot.

But Adamczyk went to court to challenge the residency requirement as it applied to his candidacy, and Siwek agreed.

"The new Fillmore District did not come into existence until on or about June 7, 2011, and a strict application of the residency requirement under these facts would disenfranchise any concerned citizens," Siwek ruled, "who, by reason of a last-minute change of boundary lines, find themselves no longer technically able to meet residency requirements for the newly created Council districts."

Siwek also found Herbert submitted the required number of signatures on designating petitions to qualify for the ballot, setting up a three-way race.

In the University District, board officials ruled Rochelle Ricchiazzi can compete in the primary against incumbent Bonnie E. Russell and challenger Pamela D. Cahill, while Democratic Elections Commissioner Dennis E. Ward said challenger Aaron Jackson was ruled off the ballot by State Supreme Court Justice Diane Y. Devlin on a residency issue.

Attorney Gillian Brown was also ruled off the City Court ballot, according to Ward.

All rulings are subject to appeal in court.

email: rmccarthy@buffnews.com

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