ALBANY — Rep. Chris Collins will remain on the ballot this fall despite being indicted in August on federal insider-trading charges, changing his mind after suspending his campaign more than five weeks ago.
Erie County Republican Chair Nick Langworthy confirmed Monday that Collins had reversed course and decided to keep his spot on the ballot, despite the indicted lawmaker pledging as recently as last week to cooperate with efforts to remove him.
Langworthy said Collins informed him of the decision Monday morning, saying the congressman told him he was acting on the advice of his criminal-defense attorneys.
In a statement to CNBC, Collins attorney, Mark Braden said: "Because of the protracted and uncertain nature of any legal effort to replace Congressman Collins we do not see a path allowing Congressman Collins to be replaced on the ballot."
Republican leaders had been working to remove him from the November ballot, with Langworthy claiming the party had identified a "crystal clear" path to replace him.
But any effort to replace Collins needed the congressman's cooperation because he would have had to accept a nomination to another office.
Now, Democrats are hopeful the embattled Collins could be vulnerable in the fall, when he will face off against Grand Island town supervisor Nate McMurray, a Democrat.
At a press conference in Buffalo, Langworthy said he felt "a bit like a jilted groom at the altar" because Republicans were going to choose Collins' replacement this week.
"There's nothing in my power or any other Republican leader here or in Washington can do to tell him, 'You're off the ballot,'" Langworthy said. "That's not how it works."
Collins' attorneys, congressional office and campaign spokesman did not immediately return requests for comments Monday morning.
In order to remove him, Collins would have had to accept a Republican nomination to another office. Party leaders had spent weeks identifying local nominations Collins could have accepted, and Langworthy suggested a local official was willing to "do a selfless act" — resign, likely — to clear a spot for him.
Collins' district includes all or part of eight counties, covering the largely conservative areas between Buffalo and Rochester.
It is the state's most heavily Republican district Collins has won easily in the two most recent election cycles, but McMurray is hoping Collins' indictment boosts his chances for an upset.
As recently as last week, Collins said he would "cooperate fully" with efforts to remove him from the ballot after suspending his campaign in August.