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Erie County Republicans will appeal last week’s State Supreme Court decision allowing the authorization of two non-Democratic County Legislature candidates to run on the Democratic line on election ballots this November following the claim of a missed filing deadline.

Republican Elections Commissioner Ralph M. Mohr said the party will challenge a decision by State Supreme Court Justice Henry J. Nowak dismissing the GOP lawsuit that sought invalidation of the legislative candidacies of William C. Conrad III against Republican incumbent Kevin R. Hardwick in District 4, and of Alan K. Getter against Republican incumbent Edward A. Rath III in District 6. The case also involves 16 candidates on the town level.

Republicans claimed the Democrats had failed to postmark their authorizations allowing candidates registered with another party to run on their line by the July 15 deadline, while Democrats submitted a Postal Service affidavit pointing to post office error as the reason. Nowak ruled that a “timely mailing can be demonstrated absent a timely postmark.” Mohr said he did not know when the Appellate Division would hear the case.