A decision in state Supreme Court is expected to be made in the next couple of weeks on who will be the next Democratic Election Commissioner for Chautauqua County.

On Monday morning, Hon. Lynn W. Keane, judge for the state Supreme Court Eighth Judicial District, heard arguments in the matter of Norm Green vs. County of Chautauqua in a special proceeding that was held virtually.

Attorney Sean Cooney represented Green, while attorney Stephen Abdella represented the county.

Green, who is the county chairman of the Democratic Party, seeks to prevent the county Legislature and its Democratic Caucus from appointing to the office of elections commissioner someone other than an individual recommended by the Chautauqua County Democratic Committee. Last month the legislature appointed Loren Kent to the position, even though he was not recommended by the committee.

The Democratic Committee had originally nominated Luz Torres, the deputy election commissioner, to the position but the full legislature never voted for or against her for the position. The committee later nominated Green to the position but again never voted on his appointment. Green had been the election commissioner but has since stepped down and Torres is currently the acting election commissioner. The committee had also nominated Doris Parment to the position, but her name was never voted on as well.

Abdella argued that what Green is advocating for would undermine the appointing authority of the legislature and the Democratic Caucus members. He argued that committee recommendations are only required if a county Legislature does not have any Democratic legislators, which the Chautauqua County Legislature does.

“It’s only the remedy that we’re proposing where there’s still balance, where a unanimous caucus representing their party nominates and recommends and appoints an election commissioner with the concurrence of the rest of the full county legislature,” he said.

Cooney disagreed. “It is not unspoken by the (state) Legislature. They did limit that power of authority,” he said.

Keane thanked both parties and said the court is going to reserve decision. She hopes to get an answer out within the next two weeks.

Until the court makes its ruling, the appointment of Kent as the Democratic election commissioner will remain on hold and Torres will continue to serve in the position as the acting election commissioner.