Adamczyk Off the Ballot Again
by Geoff Kelly - posted 6:22 pm, August 19, 2011
Today, the 4th Appellate Division of the New York State Supreme Court tossed Larry Adamczyk off the ballot for the Deomcratic primary for the Fillmore District seat in Buffalo Commons Council. Which I suppose means this is the last we’ll hear from his campaign, unless he’s already paid for and mailed another flyer.
Adamczyk was removed from contention because, by his own admission, he had not lived long enough in the district to qualify as a candidate. He appealed his disqualification, however, and Judge Donna Siwek reinstated him, ruling that, because it was a reapportionment year in which district boundaries changed, the city charter’s residency requirement should not obtain.
The Appellate Court ruled that the charter’s requirements for candidates were constitutional and did not provide any relief regarding reapportionment years, that the Erie County Board of Election did not exceed its authority in disqualifying Adamczyk, and that in nay case Adamczyk’s prior place of residence rendered the argument moot: He lived in the Delaware District, at an address that would not have been located in either the Fillmore District, into which his new residence was reapportioned, or the Ellicott District, where it was located prior to reapportionment—where, as a sponsored candidate of Mayor Byron Brown, he certainly never would have been a candidate, since he then would have been challenging the mayor’s ally, Darius Pridgen.
The court did not rule that last part. That was me. Here’s the court’s decision.
So the two candidates left in the Fillmore District are the incumbent, Council President Dave Franczyk, and community activist Sam Herbert.