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10/26/2010 07:30 PM

Legislature downsizing referendum will appear on ballot

By: Kaitlyn Lionti

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ROCHESTER, N.Y. -- A referendum to downsize the Erie County Legislature will appear on the ballot on Election Day.

The State Supreme Court Appellate Division made the ruling Tuesday, which upholds State Supreme Court Judge Frank Sedita Jr.’s decision.

Erie County's Board of Elections Commissioners had appealed the earlier decision, and had initially removed the referendum because of what they said were procedural errors.

Downsizing advocate Kevin Gaughan sued to have it put back on, and is thrilled by Tuesday's decision.

"This is a magnificent triumph for every Erie county resident who wants to reduce government so that we can grow our community again, and on behalf of all the folks who worked so hard to give voice to Erie county residents in the course of their own affairs, I'm immensely grateful to the court," said Gaughan.

Gaughan says he looks forward to being out of the courtroom and in the community, sharing information with voters leading up to Election Day.