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A decision to appeal means Mayor Byron Brown's name may or may not be on the ballot

The Erie County Board of Elections will appeal a federal court ruling to place Byron Brown's name on the November ballot.

BUFFALO, N.Y. — Mayor Byron Brown's name may or may not be on the ballot in November.

On Tuesday, the Erie County Board of Elections decided to appeal a federal case that ruled in the mayor's favor last week. The Board of Elections chairman will not appeal the state case.

Brown is hoping to have his name on an independent Buffalo Party line on the November ballot.

Democratic primary winner India Walton told 2 On Your Side she was going to appeal and it was filed on Tuesday afternoon.

Meanwhile, several people spoke at the Board of Elections hearing. Just about everyone asked for the board to vote to appeal the recent court rulings. 

It was the federal case that was ruled on by Hon. John Sinatra infuriated many city voters. His brother is developer Nick Sinatra. He has donated to the mayor's campaign.

One man spoke at the hearing and said "manipulating the system to allow him (Mayor Brown) to be on the ballot, there is no reason the ruling class should be able to come in with connections and friends to be on the ballot next to those who did it the right way."

Bill of Buffalo said he's been at events where the mayor was present. "I have gained respect for the mayor, but in this case, he's a sore loser."

Oral arguments on the appeal will be in New York City. No date has been scheduled. 

Local election officials are hoping for a decision by Thursday as they race to get the ballot certified and mailed to members of the military.