On August 27, the Erie County, New York Board of Elections will consider whether to put independent candidate Byron Brown on the ballot as a candidate for Mayor. This news story says one of the Board of Elections Commissioners, Jeremy Zellner, wants to hear from the county attorney and counsel to the Board of Elections before commenting on what the board will do. This suggests that at least one commissioner is open to the argument that the May petition deadline is unconstitutional. The New York independent candidate petition deadline was always in August, September, or October, until 2019, when the legislature moved it to May.