Erie County

Langworthy Intensifying Push For GOP Chairmanship

From the Morning Memo:

This week 11 Republican county chairmen from the North Country region of New York State delivered a letter to GOP State Chairman Ed Cox, asking for his resignation.

In the letter, they called the 2018 election cycle disastrous for NYGOP on nearly all levels. Specifically, they pointed to losses by large margins, ceding control of the state Senate, and squandering “a credible opportunity against a flawed governor.”

The county leaders said the gubernatorial candidate, Marc Molinaro, was not to blame as he was left to run with no time to raise money, no clear endorsement and no solidarity from the party. Molinaro reentered the race last year at the urging of county chairs after the party couldn’t rally behind other interested candidates.

The chairmen blamed Cox and party leadership for the perceived disorder.

“Mr. Chairman, the North Country Republicans request that you graciously resign from your position and allow a new leader to take the reins,” they wrote. “Waiting for the undeniable outcome of an election for State Chairman would only delay the needed restructuring and revitalization our party sorely needs and would send a message to the citizens of our state that we aren’t serious about becoming a viable party again.”

Despite the letter Cox told Daily News reporter Ken Lovett, who broke the story, that he did not have plans to leave. That could set up for a contested state chairmanship race this fall.

Erie County GOP boss Nick Langworthy was not among those who called for Cox’s resignation. However, a chairman told Lovett he was “likely the favorite” to replace him.

Langworthy had no comment on the letter and has not publicly lobbied for the job, but a senior GOP source said he has been quietly working to build support for several years now as the heir apparent. That effort has intensified in the aftermath of the 2018 election and he has recently been traveling the state to speak with colleagues the source said.

It is not clear yet when the state party’s reorganization meeting will be. They are required to hold it within the first 21 days following New York’s primary, but some expect the Legislature to move the primary from September to June to coincide with federal elections this year.

Erie County Executive Pours Cold Water On New Stadium Talk

From the Morning Memo:

The Buffalo Bills are following through on a promise to do an internal analysis regarding the possibility of a new stadium.

Many people in the WNY area received a survey that asked a number of questions – including one that inquired, in broad terms, that if the team were to build a new stadium would the preferred choice be downtown Buffalo or north, south east or west of the city?

The survey certainly seemed to excite fans and members of the local media. However, Erie County Executive Mark Poloncarz has long warned people not to get ahead of themselves on the issue of a new stadium. And he’s not changing his tune yet.

“This is not surprising,” he said. “We expected this. This is what generally is done when you’ve got a stadium lease that is coming up. This happened the last time there was a stadium lease that was due.”

Poloncarz pointed out the county does its own analysis, as well. The current lease goes through 2022, and, he said, especially if a new stadium is a possibility, it’s important to get an early start.

“I can tell you just to negotiate the last lease, it took almost a full year in negotiations and then another four months, five months to finalize it in paper,” the county executive cautioned. “So if it took that long and we knew we weren’t going anywhere other than staying at the existing facility, it certainly is going to take much longer to determine what the long term plans are.”

The county executive also noted that there are very limited spaces where a new stadium could be built. Even if a spot is located, it could mean less parking, which would likely curtailed the much-covered Bills tailgating culture. He said nobody at this point has determined if a new facility is even appropriate.

Poloncarz maintains that the current stadium in Orchard Park can last another 20 years with some additional upgrades.

“It’s a determination that’s going to be made in the long-term, not just by the Buffalo Bills, but by my office and the governor’s office,” he said.

Finally, he pointed out, as new stadiums are being built around the NFL, the costs are not only-covered through state and local taxpayer money, but directly from the fans through personal seat licenses.

“If you expect this market to be able to pay the prices that they do in Dallas or Atlanta or Los Angeles, it’s not going to happen,” Poloncarz said. “This is Buffalo. We’re more like Kansas City. We’re more like Cleveland and you can’t expect that what they do in the larger markets is going to carry over here because truthfully people couldn’t afford to go to the games.”

Erie County Clerk Issues Warning To Expected New DMV Chief

From the Morning Memo:

The state Department of Motor Vehicles has been without a permanent commissioner for several years now, but that should soon come to an end.

A source confirmed reports that Buffalo Comptroller Mark Schroeder is resigning his city post to run the DMV. Erie County Clerk Mickey Kearns said the change can’t come soon enough.

“The one thing I do know about Mark is he will listen, and believe me, he will be hearing from me a lot because there are many things that need to change,” Kearns said. “There are many things that are broken at the state DMV. We haven’t had a leader there in a long time.”

In many ways, Kearns and Schroeder are cut from the same cloth. Both served the same South Buffalo Assembly district known for its “conservative Democratic” politics.

They also both have been known for sometimes bucking party leadership. Schroeder challenged Buffalo Mayor Byron Brown in 2017, who also happens to be the state Democratic Party chairman, compliments of Gov. Andrew Cuomo.

At the moment, it happens to be Kearns who is in worse standing with local Democrats, having run and won two recent races for clerk on the Republican line.

Similarities aside, Kearns said geography could be one of the most important things he and Schroeder have in common as his former colleague prepares to ascend to a new post.

“Obviously, if you have a commissioner that’s from Western New York, he is going to understand Upstate and Western New York and hopefully he won’t forget about us,” he said.

Despite all their history, it’s possible that the relationship between Schroeder and Kearns could quickly sour.

The county comptroller has been steadfast in his vow not to process drivers licenses for undocumented immigrants, which is a top priority for a number of progressive advocacy groups as the Democrats prepare to take control of the entire state Legislature kin Albany.

Cuomo has already indicated his willingness to sign this legislation if it passes both houses, and he is also the one who would appoint the new DMV chief. Kearns said he doesn’t know Schroeder’s stance on the issue, but said if he plans to enforce any new driver’s license law, he’ll face a fight – and not just in Buffalo.

“He may be in for a tempest of a storm with the county clerks throughout the state of New York if that matter gets passed by the Legislature, and that’s something that I want to warn him on,” he said.

There’s history on this issue dating back to the days of former Gov. Eliot Spitzer, who had to retreat from his push to give undocumented immigrations driver’s licenses after a significant backlash against the proposal, which even tripped up then Sen. Hillary Clinton during her first presidential run.

And leading the charge against the idea at the time: Then Erie County Clerk Kathy Hochul, who, of course, is now Cuomo’s lieutenant governor. Back then, though, she vowed to have immigrants arrested if they showed up at her local office to apply for a license.

Schroeder has not made any official comment on this subject, and his office indicated he would not do so until Cuomo announced any appointment.

Erie County Bans Smoking In Bus Shelters, Cars With Kids

From the Morning Law:

The Erie County Legislature has passed a far-reaching bill that will dictate where people can both smoke and buy tobacco products.

The Public Health Protection Act Of 2018 has three separate parts. The Democratic conference said it’s the county’s most substantial anti-tobacco bill since the passage of the Clean Air Act in 1996.

First, the legislation will make it illegal for anybody to smoke in a vehicle with a child under the age of 18 present. Breaking the law would come with a $50 fine, and that penalty will increase by $50 for each additional offense.

The same penalty would apply to a stipulation banning smoking in or near Niagara Frontier Transportation Authority bus shelters.

“I am proud to sponsor this legislation,” said Erie County Legislature Chair Peter Savage. “We have known about the dangers posed by tobacco and tobacco related products for years. This law is the next logical step.”

“Public transportation users should not be forced to endure second-hand smoke. Protecting children’s health has been a prime motivation behind smoking regulation and they deserve to be protected in vehicles.”

Finally, the bill bans the marketing and sale of products containing tobacco or nicotine in pharmacies and other healthcare institutions. The provision includes e-cigarettes.

The bill passed unanimously although some legislators expressed concern parts of it could be considered government overreach. County Executive Mark Poloncarz has indicated he’s likely to sign the legislation, pointing out he proposed a portion of it in his 2016 State of the County.

NY-27 Update: Multiple Ballot Issue Explained

The Erie County Board of Elections has explained why roughly 600 voters received multiple absentee ballots in New York’s 27th Congressional District.

The BOE said federal rules required overseas military absentees be sent out 45 days prior to election. At the time, the New York State slate of candidates was not yet finalized because of judicial conventions so voters were essentially sent two half ballots.

To further confuse matters, there was a late change to the gubernatorial ballot when the Working Families Party dropped Cynthia Nixon as its designee and Governor Andrew Cuomo accepted the line. That meant a third, full, corrected ballot was sent out.

The BOE said in some cases, voters sent back multiple ballots, however, they were presorted so they were only counted once today. If voters did not send in the final ballot they received their votes will still be counted.

Elections officials said the exception is if they voted for someone who ultimately was not on the ballot line chosen, for instance Nixon on WFP. It would not affect other votes on the ballot like the congressional race which remained consistent throughout.

The board said it sent out letters to voters who received multiples, explaining the confusing situation.

Concerns About Some Absentee Ballots In NY-27

From the Morning Memo:

As the Erie County Board of Elections prepares to count absentees for New York’s 27th Congressional District, a controversy is surfacing over a number of those ballots.

Multiple sources said the BOE sent two to three ballots to up to 500 people. It’s not clear how many were sent to voters in NY-27 as opposed to NY-26, which is also covers parts of Erie County.

Democrat Nate McMurray continues to trail incumbent Republican Chris Collins but has not conceded the race. As several of the eight counties within the district have already counted their paper ballots, which also include affidavits and emergency ballots, the lead has narrowed to roughly 2,400 votes. Erie County represents by far the most votes yet to be counted.

Democratic Elections Commissioner Jeremy Zellner tweeted around noon Monday there were 5,588 absentees returned, 1,454 affidavits received and 423 emergency ballots. If those numbers hold up McMurray will likely have to do exceptionally well, collecting much more than 60 percent of those votes to make up the difference.

The candidate has remained confident, given the fact he has done better with absentees than he did during the general so far, and won Erie County outright on election night. If the final count falls within a percentage point some believe the ballots could potentially be the subject of litigation.

However, a source familiar with the situation did not believe there is a danger of the votes being invalidated. That person believes the issue arose because of Governor Andrew Cuomo’s late acceptance of the Working Families Party line after Cynthia Nixon was moved off the ballot.

In that situation, anybody who was sent an absentee before Cuomo gained the extra line needed a revised ballot. The source said as long as the final ballot was the one that was marked, there should be no issue.

Even if the wrong ballot was submitted, the source said it should only affect votes in the gubernatorial race, not the congressional race in which the ballot has remained consistent.

We will be following the Board of Election proceedings throughout the day. Stay with us for updates.

Sent from my iPhone

Erie County DA Won’t Prosecute Provision Of The SAFE ACT

The Erie County District Attorney’s Office will no longer prosecute a provision of the SAFE Act which makes having more than seven rounds of ammunition in a magazine illegal.

District Attorney John Flynn, D, said he recently became aware of a 2015 United States Court of Appeals Second Circuit opinion the provision is unconstitutional. The Second Circuit heard the lawsuit after a federal district court judge in Buffalo made the same ruling in 2012, several months after the New York gun control law was passed.

“I am not doing this because I believe the SAFE Act is good or bad,” Flynn said. “That’s not my role.”

The DA said as a state officer, he is only technically, legally bound by U.S. Supreme Court decisions but he pointed out the nation’s highest court declined to hear the lawsuit. Flynn said it is up to individual DAs to decide whether federal court decisions are “useful and persuasive” and in this case, he decided it was both.

“When it gets to the circuit courts, again one step below the Supreme Court, in layman’s terms, that is very useful and very persuasive,” he said. “So I am very much persuaded by the Second Circuit opinion and as such, I am going to follow their ruling.”

Flynn said right now there are 23 pending cases in which defendants are being prosecuted in connection with the provision and those charges will be dropped.

“Those 23 open cases, they’re not going to have their entire cases dismissed because the overwhelming majority of those 23 cases, they have other gun charges with them,” he said.

The prosecutor admitted, people have pleaded or been found guilty of carrying too many rounds, since 2012. While they can not appeal those verdicts, as they were not technically wrong, Flynn said they could file a 440 motion to present additional facts, and he would consider them on a case-by-case basis.

The ruling does not effect another provision of the SAFE Act which doesn’t allow for a magazine to hold more than ten rounds.

Flynn took office in January 2017.

Erie County GOP Boss Still Hasn’t Spoken With Rep. Collins About Indictment

New York’s 27th Congressional District is comprised of eight counties, but roughly a third of the voting base comes from Erie County.

So it would make sense that in what is also the state’s most Republican district, the Erie County GOP chairman would have regular communication with its congressman. However, as of early Thursday afternoon, more than 24 hours after federal prosecutors announced the indictment of Rep. Chris Collins, ECRC Chairman Nick Langworthy said he still hadn’t spoken with him about the news.

“I believe there could be mechanisms in place where he could theoretically get off the ballot but he says he intends to remain to fight. I’ve seen the same public statements that you have,” Langworthy said. “I have not spoken with Congressman Collins so I don’t know if that’s an evolving situation or that’s where he intends to remain.”

The party boss hardly gave Collins a ringing endorsement. He called the federal charges a distraction and openly questioned how the congressman will be able to fulfill his congressional and campaign obligations if Collins, as he has vowed, refuses to answer questions about his involvement with Innate Immunotherapeutics and the insider trading of which he’s accused.

“This is the latest, to my understanding, the latest indictment against a member of Congress that’s ever been put down in terms of closeness to election day, so any thought that this does not affect the outcome of the election, I think is nonsense,” he said.

Langworthy said the facts in the indictment are laid out by prosecutors very strongly, but he questioned the timing considering the events in question happened more than a year ago. He said if charges had come weeks or months earlier, it would have been easier for the party to have exit strategies.

Now, he won’t even say if Collins remains the favorite in the district.

“I’m not going to handicap anything,” Langworthy said. “I mean this is all very fresh. I think the district is a conservative Republican district. The challenge to Congressman Collins is can you effectively still get the base vote out for you.”

Eventually the chairman does expect to reach out to the congressman but he wouldn’t divulge what he plans to say in the private conversation or whether he will ask personally for Collins to resign.

USA Today Drops Columnist For Heated Twitter Exchange With WNY Political Operative

USA Today has dropped one of its political columnists after she authored a controversial social media post about a Western New York political operative’s children. The paper announced Friday Cheri Jacobus’ work would no longer be published following a heated Twitter exchange with former Trump campaign volunteer Michal Caputo.

The tweet, which still hasn’t been deleted, asked if Caputo’s daughters are ugly or whether they would be shared sexually at parties hosted by Jeffrey Epstein. Epstein, an associate of former President Bill Clinton, was a former financier and was found guilty ten years ago for soliciting sex from an underage girl.

Jacobus’ attack seemed to be the exclamation point on heated thread that included Caputo calling the columnist bitter, childless and alone. Jacobus, a boisterous critic of President Trump, referred to Caputo as a traitor and said he’d end up in jail for lying under oath.

“Cheri Jacobus is clearly mentally ill and she will hopefully get help,” Caputo said when reached by phone Friday evening.

In addition to testifying in front of a congressional committee, Caputo was deposed in May by Special Counsel Robert Mueller’s team.  Mueller was appointed to investigate alleged Russian meddling in the 2016 Presidential election. Caputo worked in Russia in the 1990’s for a media company later hired by Russian President Vladimir Putin.  

Caputo has repeatedly called the Russia collusion investigation bogus and has mounted a spirited defense which included an online fundraiser for his legal defense.  He’s also become a regular critic of the Mueller investigation on Fox News.  

Caputo’s ire isn’t limited to Jacobus, he also blamed Erie County’s Executive and the Chair of the Erie County Democratic Party.

“Mark Poloncarz and Jeremy Zellner are still paying WNYmedia to promote sexualized attacks on my family and they need to stop. Politics is a tough game but families have always been off limits. Unless Poloncarz and Zellner want that to change – for them too,” Caputo added.  

Zellner told WBEN radio Friday Caputo’s charges were baseless and didn’t warrant a response.

 

Mystery Check Sent To Erie County Clerk

From the Morning Memo:

A Buffalo Common Council member is trying to figure out why his long-time campaign treasurer wrote a large check to another local politician without his consent.

Democratic Councilman David Rivera said his staff notified him Tuesday, when new state campaign finance reports came out, that he had given $5,000 to Erie County Clerk Mickey Kearns.

Rivera said that accounted for more than half of the total amount of money in his campaign account, and he doesn’t believe he has ever contributed more than $250 to a single individual – let alone written a 4-digit check.

Confused, he reached out to the bank and learned the check has been authorized by his treasurer of roughly a decade, Edwin Martinez. Rivera then reached out to Martinez, but has not been able to get in touch with him. He believes he’s out of the country, and so the mystery persists.

“To this day, I’d like to find him and talk to him about what was behind this,” Rivera said of Martinez.

Rivera was able to get in touch with Kearns, a former colleague on the Council as well as a former state assemblyman. The clerk said he knew nothing about the contribution. and refunded the full amount to Rivera yesterday.

The councilman said he has opened a new campaign account, and will send a letter today to the state Board of Elections asking that Martinez be replaced as treasurer. He said he is embarrassed and perplexed by the incident, and has asked the Erie County District Attorney’s office to open a formal investigation.

Kearns confirmed the details of Rivera’s story, noting the two are long time friends and he immediately returned the money when the matter was brought to his attention.