The Genesee County Legislature’s Ways & Means Committee has agreed to give Legislature Chair Rochelle Stein the authority to sign documents related to the COVID-19 pandemic that need prompt attention without prior formal consent of the full board.

At a meeting via Zoom videoconferencing on Wednesday, Stein referred to a memorandum of understanding from the New York State Health Department that “came very quickly (this week) and in order for Genesee County to receive COVID vaccine this had to be turned around immediately,” she said.

“This is actually on our agenda today as a ratification of my prior signature. This really helps the public health department to keep the process rolling so that Genesee County has the opportunity for that vaccine to be delivered here locally.”

Stein reasoned that while in the pandemic, the county must act quickly and prudently to support the health department.

“So, in consultation with our public health department and our county manager and the county attorney – once having all of their approvals to sign this MOU – I did provide my signature,” she said. “If there are other COVID-related agreements that need to be signed very quickly, such as this, I think that I would feel better as the chair having the weight of the rest of the legislature with me as I take that on.”

Therefore, she asked for the committee’s approval to sign these types of documents, only as they relate to COVID-19.

Committee members were in full agreement, with Ways & Means Chair Marianne Clattenburg noting that she believed Stein already had this authority during emergency situations.

“And she’s not going to sign anything where any funds are expended or anything like that,” Clattenburg added.

The recent MOU with the state DOH to ensure distribution and administration of the vaccine by the Genesee County Health Department was time sensitive, prompting County Attorney Kevin Earl to render an opinion “that under these exigent circumstances to obtain vaccine that is crucial to the health and welfare of Genesee County residents, the Chair could sign the MOU, subject to ratification and approval of the terms and conditions by the full Legislature.”

Legislators Gary Maha, Christian Yunker, John Deleo and Gregg Torrey spoke in favor of the request, with Torrey asking if a formal resolution was needed to put this plan into action.

At that point, Earl said he was first looking for a consensus and then will draft a resolution to be considered at the next full legislature meeting (on Jan. 13).

Legislator Gordon Dibble said he wanted to make sure that the legislature was informed in a “timely fashion” when these situations arise and Stein assured him that would be the case.

Clattenburg, speaking directly to Stein, said lawmakers have “total confidence in you and you’re doing a great job.”

“We want to thank you on behalf of all our citizens for the work that you are doing as the chair. This is something that I know you didn’t anticipate last January,” Clattenburg added.

Stein thanked legislators and county employees for pulling together during some trying times.

“We could not do this without a full team effort and everyone working on behalf of the citizens of Genesee County,” she said. “It really is amazing what you can do when you decide to work together.”

Press release:

The Genesee Gateway Local Development Corporation (GGLDC) Board of Directors approved the sale of a 5.8-acre parcel at the Buffalo East Technology Park in East Pembroke to J&R Fancher Property Holdings at its Jan. 7 board meeting.

The approved purchase and sale agreement for the 5.8-acre parcel is in addition to 8 acres purchased by J&R Fancher from the GGLDC in 2020 for a proposed mixed-use residential and retail project. 

The original project submitted by J&R Fancher in 2020 includes the construction of mixed-use buildings including market-rate housing and commercial space. It is anticipated that the company will submit a revised development plan at the site at a future date.

“We are excited about J&R Fancher’s development plans at Buffalo East Tech Park and appreciate their expanding investment in Pembroke,” said GGLDC Chairman Don Cunningham. “At the same time, we recognize the Town of Pembroke as a great partner in our efforts to build-out the technology park and just as important in our efforts to bring new jobs and investment to the site that are benefitting the town and county.”

The Buffalo East Technology Park in East Pembroke is a 67-acre shovel ready site located directly off of Exit 48-A of the New York State Thruway (I-90) at New York State routes 5 and 77. It is ideally designed for manufacturing, food processing, warehouse and distribution operations. Among its tenants includes Yancey’s Fancy Cheese. A three-acre parcel on State Route 5 and a larger parcel in the interior of the business park are available for development.

Paraphrasing a line from the movie “Field of Dreams,” Robbie Nichols of Elmira believes that if he builds a quality and entertaining baseball club, the people of Batavia will come in droves to Dwyer Stadium this summer.

A former pro hockey player in the American Hockey League and International Hockey League, the 56-year-old Nichols has his sights set on starting a new franchise in Batavia as a member of the Perfect Game Collegiate Baseball League.

As reported first on The Batavian, Nichols will present his plan to Batavia City Council on Monday night and is hopeful the governing body approves terms of a lease agreement put forth by Interim City Manager Rachael Tabelski.

“City Council’s approval is the final step,” said Nichols, who, along with his wife, Nellie, owns the Elmira Pioneers in the PGCBL and the Elmira Enforcers hockey team in the Federal Prospects Hockey League. “I will meet with them on Monday night and we have a press conference scheduled for Tuesday at 3:30 at Batavia Downs Gaming.”

Nichols said he will announce the Batavia team’s nickname – reports indicate that “Muckdogs” is a possibility – and will announce the team’s manager.

“We’ll also have some other good things to share about the club and then we’ll hit the pavement running,” he said.

Owner Promises Top-Notch Play

Nichols said the PGCBL features mostly Division I college prospects from the ages of 18 to 21 who are hoping to catch the eye of scouts and get drafted by a Major League team.

“It’s top quality ball,” he said. “We had a player drafted in the first round by the Baltimore Orioles last year – Jordan Westburg” (a shortstop who signed a $2.3 million bonus with the Orioles last June). Westburg played for Elmira in 2018.

Nichols said the players are “serious” about their craft – “good athletes and I think that everyone is going to be really surprised by the talent that will be out on the field.”

“We really need the support of City Council to get this approved as fast as we can because we are a little bit behind the 8-ball,” he advised.

He said the Elmira Pioneers already have 35 players signed and all set for the season, and most of the other teams do as well.

“We’re getting a late start (in Batavia) but I know we can get this done and be able to get a top quality team on the field,” he noted, adding that he expects 13 or 14 teams in the league in 2021.

The wood bat league season runs from the end of May into the beginning of August – 56 to 60 games equally divided between home and away contests, Nichols said.

'It's the Community's Ballpark'

Nichols said he is energized by the prospects of duplicating what they have done in Elmira, where attendance at Dunn Field has soared in recent years. The Nichols have been involved with the Pioneers since 2012, taking sole ownership of the team in late 2017.

“We took our team that had averaged about 700 fans a night to 3,000 a night, and we do a lot of promotions – a lot of exciting things,” he said. “A lot of fireworks shows and we really want the community to be involved because it’s their ballpark. We’re the holder of the keys and we want Dwyer Stadium to be a multi-use facility, so we’re going to encourage Little League games and high school games. We want it to be used by everybody and that’s what the park is there for.”

He spoke of the rich history of Batavia baseball.

“Everybody I have talked to in Batavia – everyone’s got a story about the baseball team. They used to go to the field with their grandfather or their grandfather was an original batboy of the team,” he said. “Everyone’s got great stories and memories and we just want to continue the tradition of baseball in Batavia.”

Nichols said he hopes to bring in special events such as games against a club from Canada and also against the Wounded Warriors team.

“You should see the Wounded Warriors; they are just amazing,” he said. “Some of the players have no legs and it’s amazing to see what these guys do. It’s a real baseball game and they have really good players.”

Connection to the Buffalo Sabres

He couldn’t guarantee an appearance by the Wounded Warriors in Batavia this year, but said there will be a Buffalo Sabres alumni softball game and, “if I can pull it off, an alumni hockey game on an outdoor rink at Dwyer Stadium.”

“I have many friends with that (Sabres) organization.Ric Seiling was an ex-roommate of mine, and I’ve already talked to him,” the Hamilton, Ontario, Canada native said.

Nichols made it clear that the success of the franchise hinges upon community involvement.

“We will be knocking on the door of every business owner as we really want the community and the city to get behind it,” he said. “I’m excited about the way things have happened here in Elmira with the team. The fans love it. The players are very accessible and meet with the fans. They’re all just looking to advance their careers.”

He mentioned that since the players will be in Batavia for about 75 days, he will be reaching out to the community to identify some host families.

“These kids will become the fabric of the community, and these players are so much different than athletes of the past. They come in in just incredible shape, and they’re here to work out every single day,” he said, adding that the team’s manager has signed about 20 players at this point.

The Nichols Believe in Giving Back

The Nichols are heavily involved in civic activities in the Elmira area.

On Thursday, Robbie Nichols and 10 of his hockey players participated in a food bank.

“I believe in giving back to the community and we do so in a number of ways,” he said, “including Christmas drives for the needy where we provide food, gloves, hats and other items.”

He and his wife have owned the hockey team for about two and a half years.

“Somehow, 10 years ago I bought a baseball team and then they asked me to bring a hockey team back to the area, and I did that, too,” he offered. “My first love, I guess, is hockey – being from Hamilton – and my wife, Nellie, is a huge Dodgers’ fan from the Los Angeles, California area. And that’s how we came up with CAN-USA Sports LLC (their legal business name).”

Submitted photos -- Top: Nellie and Robbie Nichols; bottom, crowd at an Elmira Pioneers baseball game.

Previous: Owner of Elmira collegiate baseball league team to make pitch to operate a club in Batavia in 2021

The long and distinguished careers in law enforcement for Le Roy PD Chief Chris Hayward and Detective John Condidorio came to a close Thursday with a ceremony at Village Hall attended by members of the law enforcement community from throughout the county.

The two men were honored also with commemorative shadow boxes presented by incoming Chief Greg Kellogg, a new sidearm, and awards from the Le Roy Fire Department, presented by Chief Tom Wood and District President Jerry Diskin.

Press release:

• Genesee County received 59 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-six of the positive individuals are hospitalized.
• Three of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation.
• One of the new positive cases is a resident at the Batavia VA Medical Center.
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia.

​

• Orleans County received 78 new positive cases of COVID-19. 
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
• Three of the individuals were on mandatory quarantine prior to testing positive.
• Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Fourteen of the current positive individuals are hospitalized.
• One of the new positive individuals is a resident of The Villages of Orleans Health and Rehab and one of the new positive individuals is a resident of Orchard Rehabilitation and Nursing Center.
• We removed one individual from yesterday’s total due to the person not being a resident of Orleans County.

Statement from State Senator Ed Rath:

"The brutality we saw yesterday that unfolded inside our nation’s capitol is unacceptable and deeply disturbing. While the right to peacefully protest is part of the foundation of our country, what we saw yesterday cannot and will not be tolerated. We must have respect for each other, no matter what political party, and we must have respect for our law enforcement and the rule of law."

The Batavia City Council on Monday night will be asked to consider a proposal from the owner/operator of the Elmira Pioneers, a team in the Perfect Game Collegiate Baseball League, to place a PGCBL club at Dwyer Stadium for the 2021 summer season.

Interim City Manager Rachael Tabelski this morning informed The Batavian that Robbie Nichols will make a presentation during Council’s Special Conference session to take place via Zoom videoconferencing at 7 p.m.

It will be followed by a Business Meeting where the board – if it likes the idea – is expected to vote on a lease agreement with Nichols’ enterprise, known as CAN-USA Sports LLC. Nichols and his wife, Nellie, also own the Elmira Enforcers of the Federal Prospects (Ice) Hockey League.

“Robbie Nichols has been approved by the (PGCB) League to start and operate a team here in Batavia,” Tabelski said. “He has been interested in putting together a second team in the league and, with things happening the way they did with Major League Baseball, he actually had reached out to the (New York-) Penn league, and the NY-P put us in touch with him.”

Tabelski said representatives of other teams contacted her, “but none had league backing already -- nor a record of success in owning a team in this league.”

According to a memo from Tabelski to City Council dated Jan. 4, the terms of a new lease agreement to use Dwyer Stadium are as follows:

• A five-year lease;
• Rent from Year 1-3, $1; Year 4, $7,500 (placed into the Dwyer Stadium Capital Reserve Fund); Year 5, $10,000 (placed into the Dwyer Stadium Capital Reserve Fund).
• Operator pays for the field maintenance and utility costs to operate.
• Operator will allow use of the field, as appropriate, to community groups, Little League, high schools, etc.

The City has had long history with a Batavia professional baseball franchise, starting in 1939 with the Batavia Clippers as an original member of the Pennsylvania-Ontario-New York (PONY) League.

The Batavia team later was named the Indians, Pirates, Trojans and Clippers (again) before taking the Muckdogs name in 1998 based on a fan poll that chose the nickname and logo.

In 2019, Batavia celebrated its 80th anniversary as the only founding member of the league still in existence.

Since then, MLB has taken control of Minor League Baseball and discontinued short-season competition, with the Muckdogs not among the teams invited to remain as a Major League affiliate.

Tabelski wrote that the PGCBL was founded in 2010 by eight summer baseball teams across Upstate New York in conjunction with Perfect Game USA, baseball’s premier scouting service. The league’s eight founding members were in Albany, Amsterdam, Cooperstown, Elmira, Glens Falls, Mohawk Valley, Newark and Watertown.

Per its website, current teams are located in Watertown, Adirondack (Boonville), Newark, Mohawk Valley, Utica, Oneonta, Albany, Saugerties, Geneva, Elmira, Amsterdam, Glens Falls and Jamestown.

Due to COVID-19, the league cancelled its 2020 season.

For more information about the league, go to www.pgcbl.com.

A telephone call to Nichols was not returned at the time of the posting of this story.

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Press release:

Washington, D.C. -- Senate Democratic Leader Chuck Schumer (D-NY) today (Jan. 7) released the following statement calling for the President to be immediately removed from office:

“What happened at the U.S. Capitol yesterday was an insurrection against the United States, incited by the President. This President should not hold office one day longer.

“The quickest and most effective way -- it can be done today -- to remove this President from office would be for the Vice President to immediately invoke the 25^th Amendment. If the Vice President and the Cabinet refuse to stand up, Congress should reconvene to impeach the President.”

A vehicle is off the road and down an embankment in the area of 9166 Batavia Stafford Townline Road, Batavia.

A first responder reports a subject is complaining of a possible broken arm and extrication will be required.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 5:08 a.m.: A responder on scene says extrication may not be needed.

Press release:

We at the Genesee County Conservative Party denounce all violence that happened today in Washington, D.C.

While we understand the right to peacefully protest, we do not condone trespassing onto the Capitol, putting police officers' lives at risk, and destroying and stealing property. Political violence is never the answer. 

We strongly support the First Amendment and the ability to speak your mind, peacefully assemble, and protest. We encourage all Americans to stand up for their constitutional rights, voice their opinions, and demand change. 

The way to make change is to get involved with your local elections, make your voice heard, hold our politicians accountable, and most of all, VOTE. 

We will be a stronger country if we work together instead of working against each other.  

Thank you to our law enforcement for keeping us safe and for putting their lives on the line every day. Our prayers go out to the family of the woman killed today, our law enforcement personnel, and most of all, for ALL of America.  

Julie Carasone, Chairwoman, Genesee County Conservative Party. 

Press release:

The verdict of the American people is clear and resounding: Joe Biden will be our President, and Kamala Harris will be our Vice President. Every single state has certified its results, and no court has found any of those certifications invalid. Despite repeated Republican accusations of fraud, Republicans have been unable to produce an iota of evidence to support, much less prove, their accusations. Despite that failure, several Republican members of the House and Senate have tried to interfere today with the counting of electoral votes, a ceremonial ritual, today.

Yesterday Rep. Chris Jacobs (NY 27) dodged repeated questions from press and constituents about what he planned to do in the House today. Since his votes will be publicly recorded within hours, though, Chris Jacobs has finally revealed his intentions. Shamefully, he is standing with those who would overturn the will of the American voters and the voters of New York. Rather than standing for democracy, he has aligned himself with the demagogues who refuse to accept their loss and are inciting violence.

We, the county Democratic Chairpersons of New York's 27th Congressional District, condemn Congressman Jacobs' decision in the strongest possible terms. No one who refuses to accept election results deserves to hold elective office. Once again, the Representative of NY 27 is bringing shame upon the people of this district.

Jeremy Zellner
Chair, Erie County Democratic Committee

John Jacoby
Chair, Niagara County Democratic Committee

Jeff Lewis
Chair, Orleans County Democratic Committee

Michael Plitt
Chair, Genesee County Democratic Committee

Cynthia Appleton
Chair, Wyoming County Democratic Committee

Judith Hunter
Chair, Livingston County Democratic Committee

Zach King
Chair, Monroe County Democratic Committee

John Hurley
Chair, Ontario County Democratic Committee

Statement from Batavia City Council President Eugene Jankowski Jr.:

“I fully support peaceful protest as allowed by our constitution and condemn any form of unlawful violence or destruction of property. I understand that many in the country are frustrated, but there are safe and legal ways to address a grievance in our system and government.

"Forcing your way into the Capitol building is the wrong way to go about it. We don’t always have to agree with each other but we should learn to get along with and respect each other. Hopefully as a nation we can learn from this and strive to do better.”

A statement this afternoon from Assemblyman Steve Hawley about violence in the nation's capitol today:

"We have our First Amendment for a reason, violence is never acceptable regardless of what you believe politically. We are a people of one nation, regardless of political beliefs."

Press release:

The Genesee County Democratic Committee is looking for people who may be interested in serving their community be it as a candidate for office, an election inspector, a Democratic Committee member, or those just wanting to find out more about the Democratic Party in Genesee County.

Anyone can run for office and we can show you how. All that is needed is a desire to serve and some hard work. Want lower taxes, concerned about the environment or want a say in the future? We look forward to hearing from you.

Contact the Genesee County Democratic Committee: geneseedemocrats.net or chair@geneseedemocrats.net

GCDC is actively seeking candidates for the following positions:

• Genesee County District Attorney
• Genesee County Judge
• Genesee County Coroner

Genesee County Legislators:

• District 1 Pembroke & Darien
• District 3 Oakfield & Alabama
• District 4 Batavia (town) & Stafford (unexpired term)
• District 5 Le Roy
• District 7 City of Batavia wards 1 & 6
• District 9 City of Batavia wards 4 & 5

City of Batavia -- Three City councilpersons at Large

Alabama -- One justice, two town board

Alexander -- Two town board

Town of Batavia -- Supervisor, two town board, highway superintendent 

Bergen -- Supervisor, two town board

Bethany -- one justice, two town board

Byron -- Supervisor, town clerk, 2 town board, highway super

Darien -- town clerk, two town board

Elba -- Supervisor, two town board

Le Roy -- One justice, two town board

Oakfield -- Supervisor, town justice, two town board

Pavilion -- Two town board

Pembroke -- One justice, two town board

Stafford -- One town clerk, two town board, highway superintendent

Press release:

Data update for Jan. 6, 2021:

• Genesee County received 53 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Forty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-five of the positive individuals are hospitalized.
• Sixteen of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation. 
• Seven of the new positive cases are residents at the LeRoy Village Green Residential Healthcare Facility.
• Two of the new positive cases are residents at Genesee Senior Living. 
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia. 
• We are saddened to report the COVID-related deaths of two residents, one whom resided at Genesee Senior Living and one whom resided at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.

 

• Orleans County received 34 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby) 
  • Central Region (Carlton, Gaines, Albion, Barre) 
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
• Six of the individuals was on mandatory quarantine prior to testing positive.
• Forty-two of the previous positive individuals have recovered and have been removed from the isolation list.
• Seventeen of the current positive individuals are hospitalized.
• We removed one individual from yesterday’s total due to the person is not a resident of Orleans County.

A car vs. pedestrian accident is reported at 26 Harvester Ave. in the city. Possible minor injuries; the pedestrian is up and walking around. City fire is on scene with police and Mercy medics are responding.

UPDATE 5:29 p.m.: The pedestrian was treated at the scene for a cut on the wrist. The assignment is back in service.

Press release:

“I condemn the violence and destruction that is taking place in our nation’s capitol in the strongest possible terms. While our country cherishes peaceful protest, this current behavior is unacceptable and has no place in a democracy.

"I urge all protestors to immediately and peacefully leave the Capitol building and the surrounding area and to follow the instructions of law enforcement personnel.”

Update: 5:30 p.m.

The Ways & Means Committee did approve the resolution as indicated below, sending the measure to next Wednesday’s meeting of the full Genesee County Legislature for final approval.

Committee Chair Marianne Clattenburg praised Brooks Hawley’s work during his time on City Council.

“I think he has a good grasp of local government and I’m looking forward to working with him, as we all are,” she said.

Legislature Chair Rochelle Stein said that the leaders of the towns of Batavia and Stafford came together to give their “unanimous support” to Hawley.

--------------

If all goes according to plan at this afternoon’s Genesee County Legislature’s Ways & Means Committee meeting, Brooks Hawley will be one step closer to returning to a position in local government.

A resolution on the Ways & Means agenda has Hawley filling the vacancy on the legislature that was caused by the recent resignation of Andrew Young, who now is a Batavia Town justice.

Hawley is expected to be appointed to represent the towns of Batavia and Stafford (District 4), effective Jan. 13 -- when he will be sworn in at the full legislature meeting -- and running through 2021.

He will be eligible to run for election in November and, if elected, would serve the final two years of the District 4 term.

“I’m very excited to represent both towns and am looking forward to serving my community,” said Hawley, 44. “Having lived in the Town of Batavia for about four years now, I have joined the Batavia Republican Committee and last year became an alternate member of the Town Planning Board.”

It was in December 2016 when Hawley stepped out of the political arena by resigning his Councilman-at-Large seat on the Batavia City Council due to relocating his family out of the city and into the home of his late grandfather, state Assemblyman R. Stephen Hawley, in the Town of Batavia.

At the time, the former City Council president said, “I'm not leaving and going away to never be heard from again” – a statement that is proving to be true.

Hawley is employed as a recreation director at Geneseo State College. He and his wife, Rhiannon, have three children, Ayla, 14; Troy, 11, and Quinn, 8.

State Assemblyman Stephen M. Hawley is his father.

In other action, Ways & Means:

• Approved a memorandum of agreement between the county and Cornell Cooperative Extension Association of Genesee County that supports CCE in the amount of $338,548 for 2021 – the same dollar figure provided in years 2017 through 2020.

• Extended a contract with e3communications of Buffalo through February for public relations and social media services to disseminate information in connection with the COVID-19 pandemic. The county will pay the firm up to $8,000 for the two months.

• Supported the appointments of Christi Waldron and Francis Roswick to the Office for the Aging Advisory Council, and James Sunser and Stefano Napolitano to the STOP-DWI Advisory Board.

Rep. Chris Jacobs, who previously issued a statement rejecting an attempt to overturn the presidential election, today said he will object to certification of the Electoral College results. 

When Texas filed a lawsuit attempting to invalidate election results in Georgia, Pennsylvania, Michigan and Wisconsin, Jacobs said he would not sign onto the effort because he respected federalism and states' rights.

Today, in a statement, Jacobs contradicted that stance saying, “There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates."

There have been multiple lawsuits contesting changes in state voting procedures in Georgia, Pennsylvania, Michigan and Wisconsin. All of them have been rejected by their respective courts, primarily because the plaintiffs did not file their lawsuits prior to the election but instead waited until after residents in these respective states voted in good faith under the guidance provided by state officials.

States such as Alabama, Arkansas, Kentucky, Mississippi, Ohio, South Carolina and Texas -- states Trump won -- also made accommodations for voting during the coronavirus pandemic but Republicans are not contesting the results in those states. 

Jacobs said disputes over the election have not been adjudicated; however, 59 lawsuits have been thrown out by state and federal courts either because of timeliness or lack of evidence, including two that reached the Supreme Court. The current composition of the court includes a majority six Republican-nominated justices, including three appointed by Trump.

Today, both bodies of Congress are meeting in joint session to open and tally the electoral college votes, which have been certified by states, giving Joe Biden a 306 to 232 vote victory. Jacobs will not be the only Republican refusing to accept the results of the election. Several senators and other House members are joining in.

Senate Majority Leader Mitch McConnell, who has been a strong ally of the president over the past four years, criticized that effort in a floor speech today.

“Voters, the courts, and the states have all spoken — they’ve all spoken,” McConnell said. “If we overrule them, it would damage our republic forever.”

In opposing Biden's victory, Jacobs breaks with fellow Republican from the Southern Tier, Tom Reed.

"It is clear to me that the U.S. Constitution calls upon our elections for president to be done at the state level, and that if there are issues of fraud, if there are issues of whether or not those elections are carried out lawfully, they are to be adjudicated at the state level," Reed said. "No state legislature has asked us to intervene in Congress in this process, and that being said, I will not be objecting to the state electors tomorrow, based upon my commitment to the U.S. Constitution."

Here is the full statement from Jacobs:

Congressman Chris Jacobs (NY-27) released the following statement regarding the objections to the certification of the Electoral College.

“There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates.

This troubling fact, along with countless reports of election irregularities, has left many Americans with valid concerns about the integrity of the November 3rd presidential election because these concerns have yet to be properly adjudicated.

“I have a duty to represent my constituents and a constitutional duty to ensure the security and integrity of our elections. I do not take this decision lightly, but for these reasons feel it necessary to object to the certification of the electoral votes from contested states.

“The American people must have confidence in their elections, and I intend to work to restore that trust. As such, I will support efforts to achieve a full review of the actions taken by states that have led to the widespread distrust that now exists. I feel it is imperative to allow for this crucial national conversation to be debated in public on the floor of the U.S. House of Representatives.