On September 7, 2021, lawyers from Kaplan Hecker & Fink LLP filed an emergency motion at the U.S. Court of Appeals for the Second Circuit on behalf of Buffalo mayoral candidate India Walton, who defeated four-time incumbent Mayor Byron Brown in the Democratic primary.  The motion concerns a district court ruling which invalidated a New York State deadline and put Mayor Brown back on the general election ballot after his historic loss.

Previously, Brown tried to file a petition to appear in the general election as an independent, but his petition was rejected because he missed New York’s statutory deadline by almost three months.  Instead of accepting the voters’ wishes, Brown and his supporters filed lawsuits in state and federal court challenging the State’s statutory deadline as unconstitutional.  Our motion argues that Mayor Brown’s conduct and subsequent lawsuits threaten the fairness of our elections, clearly explaining that New York law does not allow candidates to participate in the party primary and lose, then skip the independent candidate process before abruptly changing their mind and running as independents in the general election.

Kaplan Hecker attorneys Roberta KaplanJoshua Matz, Raymond Tolentino, and Harmann Singh contributed to the motion.

Read the full motion here.