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Friday, January 9, 2009

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Updated: 11/02/08 07:21 AM

Konst runs strong race against Volker

Key issue is change versus experience

News Staff Reporter

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 Kathy Konst has a formidable opponent in veteran State Sen. Dale Volker in the 59th District.

State Sen. Dale Volker has served in the State Legislature for more than a generation. To beat him, his opponent said, voters have to want change.

“Sen. Volker was elected [to the Assembly] in 1972. We’ve had six United States presidents in the same time. Government was not designed for people to spend their entire adult life there.”

Those words were uttered in 1994 by James Kelleher of Orchard Park, the last Democrat to seriously challenge the Republican senator prior to this year’s race. Volker crushed him in that election. Fourteen years and another president later, Democratic challenger Kathy Konst — an Erie County legislator — is carrying the same message in her fight to represent the 59th Senate District.

Despite being underfunded, assailed by negative TV and print ads, and struggling with name recognition in rural parts of the sprawling district, Konst has mounted a strong campaign.

“Given what she’s up against, I think she’s doing very well,” said Len Lenihan, chairman of the Erie County Democratic Party.

But Konst trails Volker in the polls and has been spending her time and money in recent weeks defending her reputation against what she called “salacious tabloid crap” that accuses her of election fraud and a history of troubled family finances.

“I never expected this kind of personal assault,” said Konst, 51.

Indeed, her husband and campaign adviser — attorney Harry A. Konst — complained in a letter to The Buffalo News that few issues have been addressed in a campaign centering around GOP scrutiny of the family finances.

“Why, after 38 years in office, is Dale Volker running such a defamatory campaign?” he wrote. “Also, what chilling effect does all this have on anyone who has ever thought of running for office?”

But with Volker’s seat among the key races that could decide whether Republicans maintain their slim control of the Senate, perhaps she should have expected a rough ride.

Volker, R-Depew, has raised roughly $160,000 since defeating David DiPietro in the primary. In addition, the State Senate Republican Campaign Committee has spent nearly half a million dollars in support of his campaign.

“This is not a battle between her and I,” Volker stated. “This is a battle between New York City Democrats and upstate Republicans.”

Campaign finance reports show Konst has raised only $17,000 since the primary and received extremely modest support from Democratic fundraising groups.

An independent Democrat running without union or local party backing, Konst’s most significant source of financial support comes from billionaire B. Thomas Golisano’s Responsible New York group. The group paid for several commercials and mailers in support of her run for office.

Some polls indicate the candidates are running nearly even in the southern and eastern parts of Erie County. But Volker, 68, enjoys considerable name recognition and support in the rural, Republican strongholds of Wyoming, Livingston and Ontario counties covered by the 59th District.

“My priority is to help get the state back on track, deal with the federal government, which has got us into a problem, cut taxes wherever possible, make cuts wherever reasonably possible,” Volker said.

His campaign went to court to thwart Konst’s attempt to gain minor party candidacy on an “Integrity Party” line. It also raised questions of election fraud by producing documents indicating that Konst voted twice on the same day in 1998 in both Palm Beach County, Fla., and Erie County.

Konst denied the allegations and recently sent out a mailer and placed a link on her Web site to counter “Volker’s lies.”

Volker said he is a reluctant participant in the negative campaign strategy and would rather avoid it, except for the fact that it generates votes and, he asserted, it’s truthful.

“In a perfect world,” he said, “this stuff wouldn’t have to happen.”

Konst responded by saying Volker seems more willing to attack her than address the issues. She said he has declined to attend or canceled his appearance at six candidate forums and debates. Volker said he recalls missing only one.

Konst said that as a former small-business owner and current president of the Lancaster Chamber of Commerce, she’s an outsider with a proven record of fixing broken government. She won her County Legislature seat after the county’s fiscal crisis.

“We worked really hard to right-size government afterward and bring people from a state of chaos to an understanding of a more responsible type of government,” she said.

As a senator, she said, she would push to have Albany cut its own expenses and end the pork-barrel spending system that she said has corrupted state government. Instead, she supports a merit-based application system for grant seekers.

Volker, meanwhile, points to his conservative platform, his push for tax relief, and the millions he’s brought back to his district in grant money. He said that as head of the Senate Codes Committee, he’s been proud to back the Buffalo school construction project, support hospitals and tighten child pornography laws.

Town leaders in the 59th District said they’ve been glad to have Volker’s support.

“Dale has always been responsive to the Town of Lancaster and its needs over the years,” said Lancaster Town Supervisor Robert Giza. “I’ve had a good working relationship with him. Every time I’ve talked to him and asked him for help, he’s been there for me.”

Konst has accused Volker of using his Senate position over the years to essentially “buy votes” by doling out checks to nonprofit groups across the district during campaign seasons.

Volker responded that he’s not ashamed to bring money back to his district.

“Because I have seniority, I’m able to generate some money,” he said. “Are you telling me that if Kathy Konst had the ability to generate money for her district, she wouldn’t do it? Of course, she would.”

stan@buffnews.com


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