AMHERST TIMES
An appellate court has dealt Francina J. Spoth’s candidacy for Amherst town clerk a blow by upholding a lower court’s decision that removed her from the Democratic ballot line.
Democratic lawyers are petitioning the Court of Appeals to review the case, but that’s not certain. For now, the Appellate Division, Fourth Department, decision leaves Spoth with only the Conservative line in her race against Republican Jeffrey Zeplowitz.
Republicans contend Erie County Democrats’ selection of Spoth, Amherst’s deputy supervisor, was invalid. The dispute centers on whether, under state election law, the proper group of Democratic officials nominated Spoth.
State Supreme Court Justice Paul B. Wojtaszek on Oct. 12 ordered her name taken off the Democratic line. Democrats appealed, but the Appellate Division on on Thursday ruled unanimously that Wojtaszek’s decision was correct.
Originally published on Amherst Times. Republished with permission.
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