The commonwealth will soon decide the make-up of the primary ballot for Erie County Clerk of Records.

This comes after the Board of Elections votes unanimously to appeal candidate Anthony “Buzz” Andrezeski’s nominating petition. The decision comes after Judge Brabender refused the board’s request to reverse his March 22nd decision. As of now, Buzz Andrezeski and Chad Hershey remain on the ballot.

Time is of the essence as the Erie County Board of Elections has filed an appeal with the state in the case of Buzz Andrezeski.

“The Board of Elections doesn’t make subjective decisions on anything that comes before us. It’s really very straightforward.” said Mary Rennie.

During an emergency board meeting on Thursday, members unanimously voted to appeal Erie County Judge Brabender’s decision to put Andrezeski and Chad Hershey on the ballot for county Clerk of Records.

This comes after Andrezeski and Hershey fell short of getting the required 250 signatures. Andrezeski making a plea that the COVID-19 pandemic played a large part in the shortcoming.

“I think that it’s time to simply do what’s best for the citizens and allow people to be on the ballot, even during the troubling times of the pandemic.” Andrezeski said.

Members of the Erie County Board of Elections say while they’re understanding of the pandemic, they say the law is the law.

“Whether we agree with Judge Brabender or not as to his feeling about if it should have happened, the law doesn’t change and that’s really what we have to go by.” Rennie said.

According to Rennie, the general assembly made no changes to the signature requirement during the pandemic.

Judge Brabender expressed during a hearing that the pandemic and Governor Tom Wolf’s restrictions prevented the candidates from getting enough signatures.

The next step is for county attorney Tom Talarico to file an appeal to the commonwealth. Erie County Clerk of Elections Doug Smith says there could be a delay until ballots are sent out.