Dating back to March 2010, members of the Democratic Party involved in County government have attempted to block the downsizing of the County Legislature, against the clear wishes of Erie County voters. The Republican Caucus is disgusted with these ongoing tactics which have now stopped the redistricting and downsizing process, landing it in federal court.

The Republican Caucus, led by Minority Leader John J. Mills, has grown continually frustrated by Legislators and opportunists who have attempted to ignore the will of the people and as a result hindered efforts to present a fair map in a timely manner that would allow interested candidates to become involved in the process.

“Enough is enough. As Legislators our job is to do the people’s work and that isn’t being done. Time and time again Democrats have acted inappropriately and as a result the redistricting process is once again in court, but this time the downsizing of the Legislature from 15 to 11 is also stalled, which is a disgrace. The public spoke and 83 percent want smaller government and we must deliver that,” Legislator Mills, R-Orchard Park, said.

The six-member Republican Caucus voted in March 2010 to support the people’s right to decide and place the downsizing referendum on the ballot. Three Democrats, Legislators Christina Bove and Thomas Loughran, and former Legislator Timothy Kennedy, also approved the local law, providing the necessary votes for approval. The Republican Caucus questions members of the Majority Caucus and their intentions. Last year Legislator Bove was quoted as strongly supporting downsizing, saying, “When I walked door-to-door campaigning in West Seneca and South Cheektowaga, many people said to me that if there ever was a choice to make between doing what ‘the party’ wanted or what the people wanted, they hoped that I would choose the people,” Bove said. “I always have.” (West Seneca Bee Newspaper, November 11, 2010)

Five of the Majority Caucus members who voted against downsizing now support the gerrymandered map that was vetoed by the County Executive. Majority Leader Maria Whyte and Legislators Betty Jean Grant, Daniel Kozub, Lynn Marinelli, and Thomas Mazur, have been working against the best interests of Erie County residents since day one.

“My Republican colleagues and I stand shoulder to shoulder with the residents of Erie County on downsizing. The other side of the aisle is attempting to thwart the will of the voters by retaining 15 members in the Legislature and not 11; I am deeply disappointed in their partisan politics,” said Legislator Edward Rath, R-Amherst.

Now, a member of the Democratic Party, with the apparent support of the Democratic Legislators, filed a ridiculous lawsuit on June 27, 2011 requesting that the downsizing of the Legislature be delayed and the body kept at 15 members.  They allege the Legislature can only reorganize once per 10 years, yet just last year, two of them agreed with downsizing (Bove and Loughran). The Republican Caucus strongly opposes this request which clearly argues against the beliefs of 83 percent of the public, as expressed in last year’s referendum (see attached chart showing overwhelming support for downsizing).

“When Democratic Election Commissioner Dennis Ward tried to sabotage downsizing last year on a technicality, this Republican Caucus went to court to get this issue on the ballot. The voters have spoken and once again this caucus is united with the citizens of Erie County in support of the will of the people,” Legislator Kevin Hardwick, R-Tonawanda, said.

“The voters’ message was loud and clear – 83 percent want the Legislature to downsize from 15 to 11. If that’s not a clear message that we need to move forward with this, then I don’t know what is. We must end any efforts trying to prevent this from happening,” Legislator Lynne Dixon added.

The second issue, redistricting the Legislature based on new census numbers, began in February and in May the non-partisan Advisory Committee on Reapportionment approved an 11-district map for the Legislature’s consideration. Chairwoman Barbara Miller-Williams adjusted the map slightly to reflect the desires of the Hispanic community and presented it to the Legislature. The Republican Caucus supports the Chairwoman’s nonpartisan map (Local Law 3-1) because it meets the specifications of the voting rights act that requires that every resident has equal representation in government, commonly referred to as “one person, one vote.” Unlike the Democrats’ map which includes large deviations among districts, Local Law 3-1 has a deviation of less than 1 percent.

“Anyone can see that the Democrats’ map is just ridiculous, even a child would be amazed by the gerrymandered shapes created by members of the Majority Caucus. The County Executive acted appropriately by vetoing the proposed monstrosity. My colleagues and I in the Minority Caucus protected the rights of the residents by sustaining that veto. How an elected official could put their name on such an injustice is beyond me, and while I am disappointed that we are now in court, it would have been wrong to put through such an unfair map,” said Legislator Dino Fudoli, R-Lancaster.

“The Democratic Party led by Maria Whyte, Mark Poloncarz and Dennis Ward are attempting to overthrow the will of the people through their operatives with this latest lawsuit.  We will not stand by while people with their own political agendas, controlled by downstate power brokers, maneuver to prevent the downsizing of the Erie County Legislature,” said Legislator Ray Walter, R-Clarence.

Because the Republican Caucus did the right thing and sustained the County Executive’s veto of Local Law 5-1, and members of the Majority Caucus have refused to compromise on a new map, the process has reached a stalemate. By doing so, residents interested in running for County Legislature are not able to carry petitions and receive the necessary signatures to appear on the ballot in November.  Democratic Legislators and party operatives have purposely drawn this process out to deny the public access to the election and protect their incumbents. The Republican Caucus supports Election Commissioner Ralph Mohr’s lawsuit that requests an extension to allow the petition process to occur and give residents the right to a fair election this fall. Without the petition process, candidates would be chosen by political party chairmen, which the Republican Caucus opposes because it removes the people from the process.