The process to appoint former Erie County District Attorney John Flynn as the next Town of Tonawanda supervisor is drawing criticism from good-government advocates. They see it as just one of many examples of the democratic process being stifled when incumbents leave office early.
"They know they have it in the bag. That's not democracy. That's not how an election should occur," said attorney Paul Wolf, a longtime government reformist.
Wolf said the wave of incumbents leaving office early and letting political party leaders select a successor needs to end.
Assemblymember and state senate candidate Jon Rivera, a Democrat, announced he’s signing onto two bills, once again, to close what he calls "loopholes" in the process to gain office during a vacancy.
One would create special primary elections for any state legislature vacancies, the other would eliminate party nominations entirely for special elections.
"Convenient resignation timing, not having to petition; all these things mean one, that candidates are not faced with the accountable voters that they should be accountable to, or that means that they're bypassing entire constituencies that they feel they'll never have to engage with," said Rivera.
Town of Tonawanda resident Marilyn Sozanski said while she’s heard of party leaders selecting replacements elsewhere, she only recently learned Tonawanda Supervisor Joe Emminger’s successor in John Flynn was already chosen.
"I expected that our government was, and our leaders, were always going to be responsive and reactive to our needs and our values," said Sozanski. "But I don't think that's the case right now, and that really, really concerns me."
While nonpartisan in nature, the League of Women Voters Buffalo-Niagara's Lori Robinson said elected officials should be working towards policy that encourages free, fair and accessible elections.
"The other thing we're advocating for is open primaries and ranked-choice voting, so that there are more opportunities for people to actually put their hat in the ring for us to hear different voices and different perspectives," Robinson said. "And then as citizens be able to choose who represents us, because that's what it's all about."
Flynn went before the Tonawanda Town Board Monday evening and was appointed by councilmembers for the remainder of the year.
"It's on the ballot this year. So there's no games in that at all," Flynn previously told BTPM NPR in defending the timing of Emminger's early exit. "So the voters will have a decision to make in November here. But you know, as far as when [Emminger] decided to leave, obviously I wasn't privy to that."
A special election, with Flynn on the ballot, will take place in November for 2027. Town Republicans are still searching for a candidate.
