Tim Kennedy sues Nate McMurray to try to remove him from primary ballot

BUFFALO, N.Y. (WIVB) — State Senator Tim Kennedy and a Buffalo resident have sued former Grand Island town supervisor Nate McMurray in an attempt to get him removed from the Democratic primary ballot for the NY-26 Congressional election in November, according to court documents.

Kennedy and Buffalo resident Rogerleen Williamson claim that more than 1,000 signatures on McMurray's petition to be on the ballot are invalid for various reasons, including signatures from people who are not registered Democrats, people who are not registered to vote at listed addresses and people who do not live in the 26th district.

The suit claims that only a maximum of 382 of McMurray's 1,453 signatures are valid. According to state election law, 1,250 signatures are required to qualify as a candidate for United States Congress.

Kennedy is seeking that McMurray be removed from the June 25 primary ballot, which would make Kennedy the only Democrat on the ballot for the primary election, which is on Nov. 5.

The suit also states that McMurray knows the legal requirements to run for public office.

"McMurray is a seasoned political candidate [who] successfully ran for the office of Supervisor of the Town of Grand Island," the suit states. "McMurray is an attorney and knows the legal requirements for valid signatures on a designating petition to be a candidate for public office."

Before the June primary, Kennedy is running against West Seneca town supervisor Gary Dickson in an April 30 special election to replace former Rep. Brian Higgins, who resigned in February.