Erie County District Attorney John J. Flynn announces that 58-year-old Luz Pena of Buffalo was arraigned yesterday morning before Buffalo City Court Judge Andrew C. LoTempio on one count of Unlawful Use of Pasters Upon Ballot (unclassified felony under New York Election Law) and one count of Unspecified Violation of Election Law (unclassified misdemeanor under New York Election Law).

It is alleged that between 6:00 a.m. and 3:15 p.m. on November 2, 2021, the defendant used a stamp to place the name of Byron W. Brown as a write-in mayoral candidate on numerous ballots in violation of New York Election Law. The alleged crime occurred while the defendant was working at a polling place inside of the Belle Center on Maryland Street in the City of Buffalo.

Pena is scheduled to return on Monday, May 16, 2022 at 9:30 a.m. for a felony hearing. She was released on her own recognizance as the charges are non-qualifying offenses for a bail.

If convicted of all charges, Pena faces a maximum sentence of four years in prison.

At this time, no charges have been filed against any other individuals.

DA Flynn commends the Erie County Board of Elections for their assistance in the investigation.

The case is being prosecuted by Assistant District Attorney Gary M. Ertel of the Public Integrity Unit.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.