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Judge sets hearing on Democratic elections commissioner lawsuit


A state judge has set a hearing for a lawsuit seeking to stop Monroe County Legislature Democrats from selecting and installing their party’s next elections commissioner. But legislators will still hold candidate interviews over the next few days, according to the caucus’s leader.

On Thursday, Supreme Court Justice John Ark set a hearing at noon on May 28 for the caucus to present arguments against the court issuing an order to “temporarily, preliminarily, or permanently” halt the legislators from “directly or indirectly engaging in any acts or actions aimed at interviewing or appointing any candidate(s)” for the Democratic elections commissioner post.
Previously, several members of the Monroe County Democratic Committee — including executive committee members, a former chair, and two elections commissioner candidates — filed a petition with the court seeking an injunction against the Legislature. The lawsuit grew out of a conflict within the party over how to select its next elections commissioner.

“We were hoping this would happen,” Anthony Plonczynski, an executive committee member and one of the Democrats who brought the petition, said in response to Ark’s order. “It’s the next step in terms of going forward.”
Ark hasn’t yet issued any sort of restraining order or injunction that would prevent Democratic legislators from proceeding. Members will interview seven candidates between Thursday, Friday, and Saturday.

“We won’t try to make an appointment until after the judge makes his ruling,” said Legislature Minority Leader Vince Felder.

Jeremy Moule is CITY's news editor. He can be reached at