Former Polling Place Worker Pleads Guilty to Misdemeanor for Stamping Ballots During Mayoral Election

Modified: June 27, 2022 12:25pm


Erie County District Attorney John J. Flynn announces that 59-year-old Luz Pena of Buffalo pleaded guilty this morning before Buffalo City Court Judge Andrew C. LoTempio to one count of Attempting to Commit a Crime Against the Elective Franchise (unclassified misdemeanor under New York Election Law). Pena was sentenced to an unconditional discharged and ordered to pay a $100 fine.

On November 2, 2021, between 6:00 a.m. and 3:15 p.m., 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 crime occurred while the defendant was working at a polling place inside of the Belle Center on Maryland Street in the City of Buffalo.

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

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