Erie County Republicans are expected this week to name Elma Council Member James Malczewski to a vacant seat in the County Legislature, setting up the possibility of a nasty tiff with their traditional Conservative Party allies.
The situation stems from the November election of Minority Leader Joseph C. Lorigo, a Conservative from West Seneca, to State Supreme Court. While the County Charter requires a vacancy to be filled by the same party as the vacated member, Republicans are committed to naming one of their own. That presents a conflict with the minor party, which is backing Lindsay Bratek-Lorigo, a Conservative and daughter-in-law of Erie County Conservative Chairman Ralph C. Lorigo.
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"According to the Erie County Charter, the replacement has to be a registered Conservative," Ralph Lorigo said. "So if the Republicans put forth someone who is not a Conservative, that is not acceptable."
The chairman contends the GOP is exploiting a "quirk" in new election laws allowing anyone to change parties at any time. The expectation is that Malczewski will switch from Republican to Conservative in order to be seated, and then immediately return to the GOP.
"I presume Jim will do that," Ralph Lorigo said.
That's exactly the course Erie County Republican Chairman Michael A. Kracker expects his caucus to follow when it meets Thursday.
"After a thorough and open process, I made the decision in consultation with party leaders," Kracker said. "My expectation is that Jim will be seated. I have met with the chairman (Ralph Lorigo). He feels differently about the direction we are going and I respect that," he said. "But we will move forward."
Kracker said the party had been enthused from the beginning about Malczewski, 51, a 12-year veteran of the Town Board who is also a small business owner and hockey coach.
"Ultimately, my responsibility is to provide the most capable candidate who is ready to step in and serve," Kracker said. "I know the decision will not be unanimous."
Lorigo said Bratek-Lorigo, 25, who is married to the new judge, is qualified for the post. He noted her three degrees from Canisius College and experience as a staffer in the County Legislature and Assembly.
"She's a young woman and we need to be inclusive instead of just recycling," Ralph Lorigo said. "She reflects the electorate."
Ralph Lorigo hinted at the possibility of more parliamentary wrangling when the Legislature takes up the appointment on Thursday. He said a majority of the three-member caucus needs to approve the appointment, and noted the possibility that one legislator may not vote.
"The Conservatives, by statute have this right and it cannot be ignored," the chairman said.
While some observers have noted the possibility of a split in the traditional Republican-Conservative partnership, Ralph Lorigo declined to comment. But he noted the importance of the Lindsay Bratek-Lorigo appointment to his party.
"It would be an affront to the Conservative Party if they don't seat a true Conservative as meant by the intention of the law," he said.
