The Chautauqua County Legislature has approved a resolution to make Loren Kent the next Democratic election commissioner. However the state Supreme Court may stop it from happening.

On Wednesday night, the county legislature voted 16 to 3 in favor of appointing Kent, who is the secretary of the county Democratic Committee, to become the election commissioner. Voting against the resolution were County Legislators Robert Scudder, R-Fredonia, Bill Ward, R-Mayville and John Hemmer, R-Westfield.

Before the vote took place, Legislator Charles Nazzaro, D-Jamestown, modified the resolution so that it would not be filed with the county’s legislative clerk until the state supreme court settles a current lawsuit.

On Wednesday morning, Chautauqua County Democratic Party Chairman Norman P. Green and Luz Torres of Dunkirk asked the state Supreme Court in Chautauqua County to halt the resolution that would make Kent the next Democratic election commissioner. Green and Torres — who won the party’s recommendation to be the next election commissioner — claim the “legislature and Democratic Caucus respondents appear about to proceed without and in excess of their authority under the Election Law and New York state Constitution by appointing … Kent instead of one of the recommended/certified names.” Named in the lawsuit are the county, the county legislature, Kent, Katherine Tampio, legislature clerk; and Democratic Legislators Nazzaro, Robert Whitney, Paul Whitford, all of Jamestown; Robert Bankoski of Dunkirk and Christine Starks of Fredonia.

Wednesday afternoon, the state Supreme Court put a temporary restraining order in place and scheduled a hearing on the matter for April 26 at 10:30 a.m.

Nazzaro, who is the minority leader for the Democratic Caucus, said, “The Democratic Caucus is united. We stand before Loren Kent.”

He did not say why they support him over Torres, but pledged to make a statement after the court hears the case next month.

At the beginning of the meeting, there were five letters read in favor of Kent and four letters in support of Torres. One of the letters backing Torres had more than 30 people who signed it. There were also a number of communications that backed Torres and a number that backed Kent. None of those communications were read aloud.

The issue has been going back and forth since October. At that time the legislature pulled a resolution that backed Torres off the agenda and later didn’t accept a recommendation which would have kept Green as election commissioner for the next four years.

Fourteen of the 19 county legislators are Republicans. Hemmer said he didn’t feel it was their place to settle this issue when the Democrats aren’t united on who should be the next election commissioner.

“This is not a question that has been adequately considered by the Democratic Committee and the Democrat legislators. I don’t feel that it’s the position of the legislature to make a decision for them. They need to take this upon themselves and get it straight,” he said.

Scudder expressed concern about the filed lawsuit. “If the outcome goes one way or the other, the taxpayers of Chautauqua County will be left paying for legal actions,” he said.

By waiting on filing the resolution, it will not immediately take effect, leaving Green as the Democratic election commissioner.