A petition effort, led by Ellicott Judge Marilyn Gerace, garnered 325 signatures to force a permissive referendum after the Ellicott Town Board voted unanimously on March 13 to eliminate a Town Justice position.

According to New York State Law Article 7, sections 90-94, the petition signature total needed to be at least 5% of the total votes cast in the last gubernatorial election, which took place in November 2022.

Gerace said she estimated that around 3,500 voted in Ellicott in that election which meant she needed between 100 and 175 signatures. According to the Chautauqua County Board of Elections posted results for 2022, 3,385 residents in Ellicott had voted in November. Either way, the 325 signatures exceeded the threshold required.

Gerace submitted the petitions to the Ellicott Town Clerk on April 5, which started the clock on when the special election would be held. If the town board takes no action, the special election must, by law, be held 60 to 75 days after the petitions were submitted. This places that election between June 5 and June 20.

Gerace did request at Monday’s town board meeting that the board not wait until their May 8 monthly meeting and instead hold a special meeting this month to decide whether to rescind the resolution.

The Ellicott Town Board sent a letter to the media Wednesday responding to comments made at the meeting and stories in recent days.

In it, the board apologized to Judge Marilyn Gerace and Judge Sally Jaroszynski for not giving notice about the resolution prior to it being voted on. The letter said, “The Board holds no animus towards either Judge Gerace or Judge Jaroszynski. The Board recognizes their dedication to the Court and the residents of the Town of Ellicott.”

The letter goes onto say the Town Board has been reviewing all town operations in an “effort to determine and ensure the services provided are being delivered in an efficient and cost-effective manner.” It also said communication between the town board and court has not always been open or effective.

The salary for the Town Justice position that was eliminated is $14,200. The 2023 budget for the town of Ellicott is $2.76 million.

The board did take issue with the accusation that they were in violation of open meetings law, citing that they voted on the resolution to eliminate the Justice position under new business and that it was done in open session.

The Town Board indicated they agree that another meeting needs to be held to discuss the issue of the elimination of a Town Justice position. The letter said while a meeting would be posted in the newspaper and on the town’s website, they also encouraged people who are unable to attend or not comfortable speaking out at a public meeting to forward correspondence to the Town Clerk.

The town’s website can be found at townofellicott.com

The Chautauqua County Board of Elections’ website at votechautauqua.com provides the information who has filed petitions to run in the November 7 elections.

Some new names are in the filing, including Jamestown Democrat Travis Knight, who has filed to run against Republican incumbent Brent Sheldon for City Council Ward 1.

In County Legislature filings, Democrat Bob Whitney has filed petitions for another rematch against Republican Incumbent Dave Wilfong in Legislative District 11.

Republican incumbent Lisa Vanstrom in District 15 will be facing Democrat Kurt Gustafson.

Marcus Buchanan has filed petitions for the Democrat, Conservative, and Working Families lines to run against Republican Incumbent Kevin Muldowney in District 1.

Democratic incumbent Bob Bankoski will face Republican Dennis Welka in District 2.

Republican incumbent Bob Scudder will have an opponent with Democrat Nevin Ecklund submitting petitions for District 3.

A couple Republican incumbents in the County Legislature appear to have decided not to seek re-election. This includes Legislative District 16 representative John Davis and Legislative District 19 representative John Hemmer.

The candidates who have submitted petitions for those districts include Republican Dalton Anthony in District 16, and Republican Fred Johnson Sr. and Democrat Braiden McElhaney in District 19.

April 10 was the last day to file petitions for the primary.

April 18 is the last day to fill a vacancy after a candidate has declined to run with April 24 being the last day to authorize a substitution after a candidate declines to run.

April 18 is also the first day for folks seeking signatures for independent, or third party, petitions.

Redistricting

Following the decennial census, District boundaries at all levels of government are redrawn to meet equal representation of the newly acquired population numbers.

The Chautauqua County Board of Elections said now that that process has been completed, their website, www.votechautauqua.com, contains the new information related to the redistricting.

Additionally, new County Legislative Maps and Election District maps are available for the public. The Board of Elections is also capable of running lists of voters reflecting the new District lines.

Per NYS Election Law, official numbers of voters which determine signature requirements for Designating Petitions will be determined on February 21, 2023; on that date, these numbers will be added to the County Board of Elections website.

Designating Petitions for the 2023 General Election can begin to be circulated on February 28, 2023. A complete list of Offices up for Election can be found at the County Board of Elections website.

The second, third, and fourth floors have been closed since November 2 following a water line break.

Chautauqua County Executive PJ Wendel said the cost of repairs for water damage could reach $500,000.

The closure only impacts the Public Health, Environmental Health and Social Services Divisions of the Department of Health and Human Services (DHHS). As a result, the Environmental Health Division will still not be accepting water samples for testing.

County operations located on the first and basement floors of the HRC Building, which include the Office for Aging Services, Public Defender’s Office, Board of Elections, and Department of Motor Vehicles, are not impacted by this closure and will remain open to the public.

Chautauqua County Board of Elections Commissioners Luz Torres and Brian Abram said 7,064 voters took part in early voting during the nine-day span. This is the second highest early voting turnout in Chautauqua County since early voting started in 2019.

In 2019, 3,827 participated in early voting. In 2020, which was a Presidential election year, 14,279 early voted. And in 2021, 3,276 early voted.

They said over 2,200 absentee ballots have been returned and opened by the Board of Elections as well.
Any voter who still have their Absentee Ballot can either place it in the mail by Election Day, November 8, 2022; or it can be dropped off at any Election Day poll site during voting hours on Tuesday.

Any individual who has already cast a ballot during early voting or returned their Absentee Ballot will be required to vote via a Provisional Affidavit Ballot. Additionally, anyone who has requested an Absentee Ballot but not yet returned it must vote via a Provisional Affidavit Ballot.

Chautauqua County Executive PJ Wendel said the second, third, and fourth floors of the building continue to be closed to the public through Friday, November 11 while repair work is done in office areas and on the elevators.

This closure only impacts the Public Health, Environmental Health and Social Services Divisions of the Department of Health and Human Services. As a result, the Environmental Health Division will still not be accepting water samples for testing.

County operations located on the first and basement floors of the HRC Building, which include the Office for Aging Services, Public Defender’s Office, Board of Elections, and Department of Motor Vehicles, are not impacted by this closure and will remain open to the public.

Chautauqua County Executive PJ Wendel said the second, third, and fourth floors of the building will be closed to the public. This impacts the Public Health, Environmental Health and Social Services Divisions of the Department of Health and Human Services.

County operations located on the first and basement floors of the HRC Building, which include the Office for Aging Services, Public Defender’s Office, Board of Elections, and Department of Motor Vehicles are not impacted by this closure and will remain open to the public.

Residents are also reminded that early voting is still taking place at the Board of Elections Office this week.

All county staff at the HRC building are to report to work on November 3 as normal unless otherwise told by their supervisor.

The Board of Election posted on their website a message saying that any individuals claiming to verify voting information for the November 8, 2022 General Election are not in any way related to or employed by the Chautauqua County Board of Elections.

They said there are reports of a ‘voter integrity’ group going door to door and these individuals are not part of regular election activities.

The Chautauqua County BOE emphasized that all voters who are registered by October 14, as election law specifies, are eligible to vote in the November 8, 2022 General Election.

ID is not required in New York State and proof of identity is your signature comparison at the poll site. If you have moved and not notified the Board of Elections, you can still go to your new poll site where you will be required to vote via Provisional Affidavit Ballot.

State Attorney General Letitia James has also issued guidance to local Boards of Election (BOEs) and law enforcement agencies on how to combat voter intimidation and ensure voters’ rights are protected leading into the November 2022 general election.

Under state and federal law, voter intimidation is illegal.

James also sent guidance to local Board of Elections on managing long lines and supporting voters with disabilities at high traffic poll sites. More than 20% of New Yorkers have a disability.

The Office of the Attorney General cites the following conduct as potentially constituting as illegal voter intimidation:
– Individuals or groups patrolling outside of polling places and trying to scare people out of the voting line;
– Civilians dressing as law enforcement officers and harassing voters at poll sites;
– Poll watchers inside a polling place engaging in aggressive behavior or challenging large groups of voters, leading to long lines and creating false fears that people may be illegally voting;
– Poll watchers standing in the vicinity of privacy booths, standing in unauthorized areas, videotaping and/or photographing voters within the polling place, following or harassing voters in the polling place;
– Individuals spreading false rumors or making false statements that there are negative consequences to voting; and
– Individuals or groups displaying weapons or military uniforms or other military paraphernalia outside of polling locations.

Attorney General James also noted that federal law has determined that voter intimidation includes threatening violence against voters, threatening economic boycotts due to voting, and following voters to poll sites and speaking loudly about prosecuting them for illegal voting.

Additionally, publicly disseminating voters’ names and addresses, or “doxing,” to vilify those individuals or conducting patterns of baseless arrests and prosecutions in the vicinity of voter registration meetings are voter intimidation actions.

The OAG also reminds New Yorkers that the following actions are prohibited under New York state law:
– Requiring an individual to show photo ID to vote;
– State and local employees interfering with or affecting the election;
– Open carry of handguns, or the possession of machine guns and loaded or unloaded assault weapons, as well as the use of firearms or other dangerous instruments to intimidate or harass;
– A member of the United States armed forces preventing, or attempting to prevent, a voter from fully exercising their voting rights through force, threat, intimidation, or advice;
– Groups of people organizing as private militias without permission from the state; and
– Invading the privacy of a voting booth used by a voter.
Additionally, the guidance emphasizes that media and press are allowed to film or take pictures of individuals in the polling place if they have written authorization from BOE and permission from each individual.

New York law does not require the same accommodations for every voter with a disability, so OAG recommends BOEs instruct poll workers to determine the appropriate accommodations on an individualized basis.

New Yorkers who observe any illegal conduct are encouraged to contact OAG’s Election Protection Hotline by calling (866) 390-2992.

Residents also may call the Chautauqua County Board of Elections at 716-753-4580 .

Any emergencies or incidents involving potentially dangerous conduct should be reported to local law enforcement immediately by calling 911.

Early voting

Chautauqua County Board of Elections Commissioners Luz Torres and Brian Abram announced there will be four poll sites open for early voting.

These sites include the Chautauqua County Fairgrounds, the Chautauqua Mall, the Robert H. Jackson Center and the Board of Elections office.

Each location will have signage that will indicate the entrances to the poll site. All registered voters in Chautauqua County are able to visit any one of these four early voting poll sites to cast their ballot early.

All four sites will be open the same hours: Saturdays and Sundays from 9:00 a.m to 5:00 p.m., Monday and Tuesday from 12:00 p.m. to 8:00 p.m.; and Wednesday, Thursday and Friday from 10:00 a.m. to 6:00 p.m.

Early voting runs for nine days from Saturday, October 29 through Sunday, November 6. Early voting is not available on Monday, November 7.

All Early Voting sites are handicap accessible and do have a Ballot Marking Device for voters with disabilities.

Voters who cast their ballot early will not be able to cast a ballot during subsequent Early Voting days or on Election Day.

If you request an Absentee Ballot, recent law changes will prevent you from casting your ballot using the voting machine during Early Voting or on Election Day.

If you come to the poll site and want to vote, you will only be able to vote a Provisional Affidavit Ballot, which can be counted if you have not already returned your Absentee Ballot.

Visit votechautauqua.com to view sample ballots and learn more information about election day.

Legislature’s Administrative Services Committee meets (September 19, 2022)

A cybersecurity protection service program provided by New York State could save Chautauqua County over $88,000.

Chief Information Officer Jon DeAngelo, in a presentation to the Legislature’s Administrative Services Committee, said the state is offering endpoint protection for computers, “It’s virus protection, is basically what it is. They haven’t done this before. There’s additional services that they’re offering as well. It’s through a third party provider called CrowdStrike. So the state is offering it to all the counties at no cost for three years. We currently use a different product, so this would be a change for us. But this product would cover about, approximately 1,500 devices utilized by all county employees.”

DeAngelo said the IT Department is still evaluating whether it will go with the state’s program, but wanted to have the approval to move forward. He said the annual savings would be $29,460 if the County made the changeover. The Administrative Services approved the resolution unanimously.

The committee also voted to accept a grant from the State Board of Elections in the amount of $31,654 to offset expenses for return pre-paid postage.

County Board of Elections representative Donna Sanderson said the pre-paid postage is part of a new election law approved in April, “The grant will be in effect from July 1st, which then would cover our additional election that we had this year, which was the special and the primary in August. Going forward, the Board of Elections would have to provide a postage paid envelope to all voters who are requesting an application and an absentee ballot.”

Sanderson said the grant amount will cover all election costs for 2022 and expires at the end of this year. She said it also can be used to bring in two temporary employees to assist with mailing for the general election.

Administrative Services also approved a resolution selling a parcel of land in the town of Ellicott that had gone into foreclosure to Target Corporation. County Attorney Stephen Abdella said the small parcel of land is located at the entrance of the parking lot to the future store. He said the sale will put the property back on the tax rolls while eliminating any confusion over who is responsible for its maintenance. The committee approved the measure on the contingency that the financial information on the sale will be available for review at the Audit and Control Committee meeting on Thursday.

All approved resolutions will appear before the full County Legislature for consideration next week Wednesday, September 28.