The head of Niagara County’s Democratic Party has filed a legal challenge aimed at knocking the county’s former economic development commissioner Mike Casale off the ballot in both the primary and general elections for a legislative seat in Lewiston.
In a lawsuit filed last week in State Supreme Court in Niagara County, Democratic Party Chairman Chris Borgatti argues that Casale can’t legally assume Republican and Conservative ballot positions left vacant by outgoing Second District Legislator Becky Wydysh’s decision to decline the nominations.
Wydysh, who serves as the county’s deputy commissioner of jurors, confirmed earlier this month that her employer, the New York State Office of Court Administration, denied her most recent request to hold a second job as a legislator beyond her current term.
State court employees are not allowed to hold second jobs, including that of legislators, without obtaining prior approval from the OCA. Although Wydysh received permission to hold a side job as a legislator on five prior occasions, her bosses denied her request, without providing a reason, this year. Because her most recent approval letter, which she secured in 2023, authorized her to serve as a legislator for a full term she can remain in her current position as a legislator and legislature chair through Dec. 31, 2025.
In his legal claim, Borgatti contends Wydysh needed permission to seek reelection from her employer “prior” to circulating nominations and, because she did not have it when the process started, petitions passed in her name should be deemed ineligible.
Earlier this month, Wydysh declined to accept nominating petitions circulated in her name, which allowed members of the committee to fill vacancies appearing on her petitions to endorse Casale as her replacement.
Borgatti argues the switch shouldn’t be allowed because Casale moved to fill Wydysh’s vacancy “with knowledge” that she was “ineligible’ to hold public office.
“Although knowing of her eligibility, Ms. Wydysh filed her designating petitions, and thereafter declined the designation one day after filing them, prompting her committee to fill vacancies to proceed with the nomination of a new candidate, improperly,” Borgatti asserts in his legal filing.
Borgatti has asked the courts to invalidate Casale’s certificate of acceptance for nominating petitions circulated in Wydysh’s name and to print ballots for the June primary and November general elections without his name on them.
In her formal response filed by her attorney in the matter, former Niagara County GOP Chairman Henry Wojtaszek denies all of Borgatti’s claims, while suggesting the restrictions placed on Wydysh by her employer relate only to her employment, not to her ability to run for office or hold public office in Niagara County.
“Wydysh meets all the qualifications to serve as a Niagara County legislator,” Wojtaszek argues in Wydysh’s formal response to Borgatti’s claims. “She will continue to meet these qualifications in January 2026 when the new county legislative term begins. Her Republican and Conservative designating petitions are, therefore, valid.”
Niagara County GOP Chairman Rich Andres, R-North Tonawanda, agreed on Wednesday, saying Wydysh was not barred from circulating petitions in her name and that she is considered a qualified candidate to run for public office in the county.
Had she proven successful in her reelection bid in the Second District race, he said she would have had to quit her full-time job in light of the OCA’s stance that she could not hold a second job, which he described as “ridiculous.”
“She would have had to determine if she wanted to do one or the other,” he said. “She would have to make a decision and go from there. The permission was for her to serve. She was qualified to run by the standards that were set.”
Andres suggested the same process has played out on five previous occasions for Wydysh without complaint or legal action from county Democrats.
“Is it his contention that at no point she should have passed petitions?” Andres said. “She’s done this exact move every time and every time except for this time and we’ve been through this before. This is not some new territory here. I can’t believe it’s even going to be heard by a court.”
“I guess throw it all against the wall and see what stick is what would be the motto over there,” he added.
Arguments in the case are scheduled to be heard Friday in front of New York State Supreme Court Justice in Niagara County court.