Appeals Court says Kryzan Cannot Appear on WFP Line. BUFFALO (wned) - The U-S Second Court of Appeals has ruled that Jon Powers cannot be removed from the Working Families Party on Tuesday's ballot in the 26th Congressional District.

The decison means Democratic candidate Alice Kryzan will not appear on a second party line.

The three-judge panel heard arguments in the case Monday following an appeal by the New York State Republican Committee. Argueing on behalf of Republican candidate Chris Lee, GOP attorneys said the Board of Elections lacked the authority to remove Powers from the ballot.

Powers lost to Kryzan in the Democratic Primary and notified the Board of elections that he was moving outside the district.

While an appeal to the U-S Supreme Court is possible, changing thousands of polling machines prior to Tuesday's vote is unlikely. © Copyright 2012, wned