Volker suit challenges legality of Konst party
State Sen. Dale M. Volker, a Depew Republican, is suing Erie County Legislator Kathy Konst, a candidate in Tuesday’s primary for the Democratic nomination to oppose him, over the creation of a minor party designed to ensure Konst a place on the ballot in November’s general election.
Volker’s campaign is challenging the signatures on petitions of Konst’s Integrity Party, which was established specifically for the 59th State Senate District race. Craig Miller, spokesman for the senator’s campaign, said organizers believe that more than 2,000 of the 5,000 signatures gathered to create the minor party are invalid.
The signers, he noted, included “George W. Bush,” whose address was given as “White House.”
“They’re making a mockery of the election laws,” Miller said.
Konst, of Lancaster, needs 3,000 valid signatures for the party to be listed on the November ballot.
In papers filed in State Supreme Court, Volker’s campaign lists numerous allegations of violations of party petition requirements, ranging from ineligible signers to fake and forged signatures, plus technical defects.
In response, Konst held a news conference Wednesday to denounce Volker’s lawsuit as an example of the “scare tactics” and “old-time politics” employed by his campaign.
She said that her campaign understood that some signatures might not be valid, so volunteers gathered 2,000 more signatures than necessary to qualify the party.
She also argued that, while filing petition challenges with the Board of Elections is common, the follow-up lawsuit is over the top and emblematic of Volker’s raw-knuckled campaign style.
“People are disgusted,” she said. “They’re disgusted by this kind of stuff.”
Konst described her campaign as an all-volunteer effort, while claiming Volker’s is supported by “government employees on government time.”
Miller said the campaign had filed objections this week with the State Board of Elections and followed up with a lawsuit as “standard operating procedure” to ensure the board completes its review of the Integrity Party petition.
Once the board announces its findings, Miller said, the suit will be withdrawn.
