Allegany County: District 3 legislative seat has been vacated

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After a formal change of address on January 1, Adam Cyr vacated his seat. County Republican party leader explains what is next.

By Andrew Harris

Last month we reported the news that a Allegany County legislator had suddenly vacated his seat by filing a formal change of address outside of the jurisdiction which elected him. One January 1, 2025, Adam Cyr changed his mailing address, moving from the Town of Wirt in District 3, to the Town of Andover in District 4.

District 3 encompasses the towns of Alma, Bolivar, Genesee, Independence, Scio, Willing, Wirt, and the villages of Bolivar and Richburg. District 4 is the towns and villages of Wellsville and Andover.

Cyr, who was elected in 2021, explained to the Wellsville Sun that the move was due to home renovations and that the formal change of address was done to be “transparent.” Cyr has since changed his formal address back to the Town of Wirt address in District 3.

The Allegany County Chairman W. Brooke Harris made a statement on behalf of the board on January 23:

The Board is aware of the possibility that one of its members has vacated his/her seat. Until the County receives guidance from outside counsel regarding its obligations, we will conduct business as usual.

Today the outside counsel provided that guidance and the full board released this statement:

“The Allegany County Board of Legislators has been notified that the District III legislative seat previously occupied by Adam Cyr was vacated on January 1, 2025. This vacancy is a result of Mr. Cyr’s self-reported change of both legal address and voter registration from the Town of Wirt to the Town of Andover. Section 30 of the New York State Public Officer’s Law and Allegany County Local Law 3-93 dictate that an elected official’s change of address and voter registration to a location outside his/her district triggers a vacancy through operation of law. The Board of Legislators is not permitted to ignore or reverse the vacancy, nor is the Board able to waive an elected official’s residency requirement.

In response to the notification of the vacated seat, Legislative Board Chairman Brooke Harris offered the following statement: “It’s disappointing that Legislator Cyr is unable to complete his full term on the Board. While it’s frustrating that the Board has no influence or recourse in the matter, we understand and respect the laws that dictate vacancies. Our job now is to ensure that the residents of District III have qualified and legal representation as soon as possible. I want to thank Mr. Cyr for his service to Allegany County and wish him well.”

According to the same Local Law 3-93, the vacancy will be filled by majority vote of the Board of Legislators and will be limited to the remainder of the existing legislative term ending December 31, 2025. As has been past practice, the Legislature intends to seek a recommendation for appointment from the County Republican Committee. The seat will then be filled for the new legislative term beginning January 1, 2026, through the normal election cycle, with the designating petition period beginning February 25, 2025.

We reached out to Mr. Cyr for a comment and he indicated that a full statement will be released “by close of business tomorrow(February 7.)

The Allegany County Republican party now plays the traditional role of filling the seat with a District 3 resident. The party will request that the full legislature approve that appointment and the legislator will serve until December 31, 2025. All county legislative seats are up for election this November in the general election.

Allegany County Republican Party Chair Kevin “Fred” Demick, offered this explanation of how the seat will be filled:

“In response to the notification of the vacated Allegany County Board of Legislators District III Legislative seat, as with past practice, the Allegany County Republican District III Committee will meet with interested Republican candidates to fill the vacancy and give a recommendation to the Allegany County Board of Legislators. In order to qualify for the position of Legislator you must meet the following.

 Qualifications for Legislator 

  • 18 years old or older
  • United States Citizens
  • Continuous residency of the legislative district they will be representing for at least one year prior to the election (or the Board appointment in the case of filling a vacancy).
  • Cannot hold any other elected County, Town, or Village Office
    • (This does not prohibit being elected to school districts or to being appointed, rather than elected, to other offices…. you’d just want to think about conflicts of interest in those cases)
  • Cannot be a convicted felon for certain crimes (Bribery Involving Public Servants and its Related Offenses, Defrauding the Government, Corrupting the Government)
  • Cannot be convicted of certain misdemeanors within five years prior to holding office (crimes include Bribery Involving Public Servants and Related Offenses; Corrupting the Government; and Official Misconduct). 
  • Cannot be convicted for violations of the selective draft act or the federal selective training and service act.

According to Local Law 3-93, the vacancy will be filled by a majority vote of the Board of Legislators and will run to the remainder of the existing legislative term ending December 31, 2025. The seat will then be filled for the new legislative term beginning January 1, 2026, through the normal election cycle, with the designating petition period beginning February 25, 2025.

If you have interest in the vacant Allegany County Board of Legislators District III and are a registered Republican you may contact the District III committee chair William Dibble at 585-610-6035.

Kevin “Fred” Demick, Chairman

Allegany Co Republican Committee

Read our previous reporting on this local political news:

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