Board of Elections takes sheriff's candidate Myles Carter off November ballot

Carter lost his shot to appear on the Democratic Party line by coming in third in the primary for the Sheriff's Office. But petitions had already been circulated to give him two independent lines on the November ballot.

Those petitions, however, had too few valid signatures to meet the requirements, the Elections Board staff found after the petitions were challenged. The Republican and Democratic elections commissioners agreed with that finding Monday, removing Carter from the ballot, Democratic Elections Commissioner Jeremy Zellner said.

Carter did not immediately respond to a request for comment.

Meanwhile, the Board of Elections upheld the petition that gave Kimberly Beaty an independent line. Beaty, the public safety director at Canisius College, won the Democratic primary for sheriff, so she also will appear on the more important Democratic Party line in November.

After Beaty won the primary, Zellner, who doubles as the Democratic Party chairman, pledged his support to Beaty. So did the candidate who Zellner wanted to win the primary, Brian J. Gould. He is the assistant police chief in Cheektowaga.

In a display of unity, Gould last week declined his independent line in the sheriff's race, ensuring he will not appear on the November ballot, Zellner said.

With Carter and Gould off, Beaty has no ballot rivals for votes from Democrats or Democratic-leaning voters.

The picture is different on the Republican side. Republican primary winner John C. Garcia has the GOP line and two independent lines. Karen Healy-Case, who Republican leaders wanted as their sheriff's candidate, will appear on the Conservative line. Both are retired from the Buffalo Police Department and now work in private security.

Ted DiNoto, a Republican who bypassed the primary to appear on an independent line in November, still has that independent line because the Board of Elections upheld his petitions Friday.   

However, the final decision on DiNoto's ballot perch will be made by a judge. County Republican Chairman Karl Simmeth has gone to court to knock DiNoto off the ballot. Simmeth contends that the outline of a star on DiNoto's petitions might have led signers to think he was supported by the Democratic Party, which also uses a star but with a different outline. DiNoto, an Amherst police detective, recently denounced Simmeth's gambit as a ploy to deny voters a choice.