AMHERST, N.Y. - If you're an Amherst resident who counts on an absentee ballot to make your decision count in the upcoming election you have a longer wait due to an ongoing election law legal challenge.
2 on Your Side sought answers from Erie County election officials and party leaders on why this is happening.
Erie County Republican Chairman Nick Langworthy puts is this way, "These things could have been sent out - it was a political decision to not send them out."
While his Democratic party counterpart and county Elections Commissioner Jeremy Zellner has this view, "With the lawsuit happening we don't want to cause confusion out there and we certainly don't want to spend money that we don't have to."
Differing party line explanations for why anywhere from 1,500 to 2,800 absentee ballots for Amherst residents, who may be in exotic locales like Florida or elsewhere, have not yet been sent out by the Erie County Board of Elections. It's actually a party line dispute with a GOP challenge on procedure for putting a Democratic candidate on the ballot for the special election for Amherst Town Clerk.
It's now before the state appellate court in Rochester with those absentee voters, who perhaps should have gotten those ballots weeks ago, now caught in a political party squabble.
Langworthy assesses the impact, "There's many decisions for Governor, state legislature, Congress, there are, should be going to the voters, they're going to have a very compressed time window."
But 2 On Your Side pointed out "This lawsuit started with Republicans correct?
Langworthy responded "The Republicans found improper procedure was followed. We're in a world where almost every matter of election law gets litigated."
2 On Your Side also pressed Zellner, 'What do you say to people who are fearful - my franchise, my right to vote is being compromised because of this situation?'
Zellner responded, "I would say to them that we have laws in the state that protect their franchise and they're going to get their ballots and they will be out."
Zellner says, "We've asked them to expedite the decision and we hope that they will."
But we followed up with this question, 'If for some reason that doesn't happen - could this extend out perhaps, these absentee ballots?'
Zellner: "It could but we are gonna make sure that they get the ballots with plenty of time to vote."
The State Appellate court hears this case Wednesday morning and election officials say if they get a decision without another party appeal they could mail them out Thursday or Friday. That could still be tight on time as those absentee ballots must be postmarked for return by November 5th to count.