The downsizing debate targets the Erie County Legislature. YNN’s Nicki Mayo reports downsizing advocate Kevin Gaughan and the Legislature’s Republican Caucus are suing the Erie County Board of Elections to add a referendum to the November ballot to reduce the legislature from 15 to 11 members.

ERIE COUNTY, N.Y. -- Downsizing advocate Kevin Gaughan is suing the Erie County Board of Elections to add a referendum to the November ballots calling for a downsizing in the County Legislature. The referendum would reduce the legislators from 15 to 11.

"Time is of the essence here in order to ensure that this proposition appear this November 2nd," said Gaughan. He is not alone.

County Executive Chris Collins and the legislature’s Republican Caucus are also filing a
similar lawsuit against the BOE.

"They will with my assistance be going to court to reverse the decision made by the Board of Elections," said Republican Erie County Executive Chris Collins.

"If it doesn’t get on the ballot it’s costing the taxpayers of Erie County $400,000, and it wouldn’t go into effect for two years if it is put on the 2011 budget, so now that’s $800,000," said Legislature Minority Leader John J. Mills.

"It’s high time that we eliminate politics and personal agendas out of the board of elections and allow for the voters to decide," added 15th District Legislator Edward A. Rath III.

Tensions around who’s holding up the referendum hit a high Monday, with Gaughan and Democratic Legislator Dan Kozub getting into a heated exchange outside the Old County Hall.

"It went to the board of elections. They’re the ones that are denying it. They’re the ones that are not putting it on there right now," Kozub said.

"My action is against the Board of Elections and I’m hoping that you and your colleagues will join me," Gaughan responded.

"But you mentioned elected officials," added Kozub.

The Erie County legislature downsizing debate has been filled with a lot of finger pointing. Erie County Board of Elections officials say the legislature failed to use the proper protocol, using their legislative clerk instead of going through the Erie County Clerk’s Office.

"There are two misfires. One, it’s not certified. Two it’s not certified by the proper authority which is the county clerk," said Democratic Elections Commissioner Dennis Ward.

Ward and Republican Commissioner Ralph Mohr unanimously agreed to deny the first request. Ward said his office will work with whatever the courts decide.

"We’re an agency that’s governed by the law. If the courts direct us to put it on, we put it on. If the court directs it stay off, it stays off," said Ward.

"We’ve done our job. We voted on it. It passed down to 11 and now we want to see it put on the ballot," said Legislator Kozub.