Democratic candidate Nate McMurray released the following statement as reports circulated that Wednesday, Aug. 12th, Conservative candidate Beth Parlato would vacate her ballot line in NY-27. Under significant pressure from GOP party bosses, Parlato is reportedly willing to accept a nomination for a State Supreme Court judgeship using an often abused loophole in New York election law.

“I do not agree with Beth on much, but I admire her strength and tenacity. The same party bosses that attacked her and pressured her to bow to Jacobs in the primary want a unified political machine because they’re nervous about Jacobs in November. She told them ‘No’ before, and I hope she’ll do it again.”

McMurray hopes that Parlato stays true to her principles regarding party corruption.

“I talked with Beth a few times, and she was as disgusted by these party insiders as I was. These are the same men who made excuses for Chris Lee, still defend Chris Collins, teamed up against David Bellavia, and traded their principles for Jacobs’ deep pockets — a guy who up until a couple of months ago didn’t have a conservative bone in his body.

"She knows Jacobs is a fake. She knows that his allegiance isn’t to conservative morals or Republican ideals, his only loyalty is to the pursuit of money and power. I hope today she won’t do what Jacobs has done so many times, changing herself and her positions on a dime for political expediency.”

The Batavian attempted to give Parlato a chance to respond. We sent an email to her campaign email address and the email bounced. We sent a direct message through Facebook to her campaign more than 24 hours ago and the message doesn't appear to have even been read. 

Jacobs has declared victory in the NY-27 race and McMurray has said that with far more absentee ballots to be counted than were cast on election day it's premature to say who won and who lost the race.

In the GOP primary for the same seat, Jacobs received 2,473 votes from Genesee County residents to 1,099 for Darien resident Beth Parlato and 340 votes for Stefan Mychajliw.

Districtwide, the Buffalo News reports that Jacobs garnered 70 percent of the walk-in votes to 28 percent for McMurray and has a 30,639 vote lead with 65,509 absentee ballots to be counted.

That count could take a week or more but the Jacobs campaign contends it is mathematically impossible for McMurray to close the gap.

In the GOP primary, Jacobs currently has 25,668 votes to 8,644 for Parlato and 7,190 votes for Mychajliw.

Jacobs, McMurray, and Mychajliw have all issued statements about the election results. We've not received a statement yet from Parlato nor Whitmer.

Jacobs:

Chris Jacobs has declared victory in the Special and Republican Primary for New York’s 27th Congressional District and is releasing the following statement: 

“We did it, it has been a long, challenging and ever-changing election, nevertheless the people of Western New York made their voices heard overwhelmingly for strong, conservative leadership! With the commanding lead I have amassed; I am confident in declaring victory in both the Special and Primary elections.

"Now I am looking forward to getting to Congress and getting right to work fighting alongside our great President for the people of Western New York. I would like to thank all the volunteers, supporters, party leaders, and elected officials who have worked so hard to make this happen, and I would especially like to thank President Trump for his early and consistent support throughout this entire election, I am deeply grateful.”

McMurray:

Tonight, with thousands of ballots left unopened across the 27th Congressional District, millionaire Chris Jacobs declared a premature victory. As a result of the COVID-19 pandemic, a historic number of absentee and mail-in ballots still need to be counted. Absentee counting in most counties will not start until July 1st, and likely won't be completed for at least two weeks. 

 “How can you declare victory before the ballots are counted?” Nate McMurray said on Tuesday night. “There are more ballots still out there, uncounted, than people that voted in-person today. As we have always said, we will fight for every single vote. Chris always wanted to be crowned. The coronation will have to wait. They had to bring the whole Trump family into this to help drag him across the finish line. He can peacock. We will talk in two weeks.”

Mychajliw:

Congressional candidate Stefan I. Mychajliw Jr. released the following statement on the New York 27th Congressional District election results:

“I called Chris Jacobs a few minutes ago to congratulate him on his victory in the Republican Primary. I’m thankful for the support I’ve received in this race. We said it was important to let voters decide, and they have. While not victorious, I’m proud of the race we ran. We stayed above the fray, and ran a positive campaign on the issues. I’m a loyal Republican – always have been, always will be. Just like I have in the past, I will work hard to keep NY-27 in Republican hands in November."

UPDATE: Statement from Parlato:

"I got in this race to give every voter in NY-27 a choice, and that is exactly what we did. Although not victorious, I am grateful for each and every vote, prayer and supporter. We ran a tough campaign, and I’m proud of all that were involved. I look forward to campaigning for President Trump as we fight harder than ever to protect our freedoms and conservative values."

During a press conference in Buffalo today, while announcing he was not pursuing criminal charges against congressional candidate Chris Jacobs, Erie County DA John Flynn "called out" the anonymous person who filed a complaint against Jacobs for alleged "voter fraud."

"There is no doubt that I'm being used here to a certain extent," Flynn said. "I didn't just fall off the turnip truck, you know. I've been around for a long time. I've seen a lot of things. When I feel like I'm being used, I feel like someone is, put John Flynn aside, someone is using the District Attorney of Erie County and that bothers me a lot."

Flynn declined to name the complainant but said the complainant's failure to identify him or herself is once the complaint was made public -- through an anonymous tip to a Buffalo TV station -- didn't sit well with him.

"I think it's pretty weak that you won't let anyone know who you are," Flynn said. "I'm going to say that publicly and I know the person won't want to hear it and I say, 'too bad.'"

The person who made the complaint called Flynn directly, he said, and then Flynn's staff and that person's attorney exchanged emails about the allegations.

After reviewing the allegations, Flynn decided not to file charges against Jacobs.

The person making the complaint alleged that Jacobs circulated petitions last summer using an address for an Orchard Park house he had made a deposit on but had not yet purchased. If that were a crime, Flynn said, it would be offering a false instrument for filing. And if it were a crime, Flynn said, it would be outside his jurisdiction because the petitions were filed in Albany.

The two other allegations against Jacobs were that he registered to vote at the Orchard Park address on Sept. 3 but didn't close escrow on the property until the end of September. Then, he used that address as his voting address on Nov. 5 while maintaining another residence in Buffalo.

Flynn said Jacobs came into Flynn's office voluntarily and shared with the DA paperwork and information about maintaining two households. He purchased the house in Orchard Park and invested a substantial amount of money in renovations while also continuing to pay utilities on that residence. Meanwhile, after the pandemic hit, Jacobs decided to spend more time in Buffalo where he could be closer to his mother and assist her during the pandemic lockdown.

He said the evidence undercuts any claim that Jacobs might have had an intent to defraud anybody therefore his actions were not criminal.

"Under election law, it is legal to have two residences," Flynn said. "It was Jacobs who voluntarily came into my office and voluntarily gave me the whole story, he readily admitted he owns two homes, readily admitted during COVID-19 crisis he lived more so at home in Buffalo because his mother lives near him and he wanted to stay close by and help his mother

"He readily admitted he spent more time at his buffalo address," Flynn added. "That is not a crime. It is not a crime to have two residences. There is nothing the in law that says you have to live at one resident X-number of days or X-number of hours to have that declared as your residence."

Because Jacobs invested a substantial amount of money in the other house and because he has continued to pay the utility bills there, there is no "aura of a sham," which would be necessary, he said, to prove an election fraud case.

Jacobs issued the following statement following the announcement:

Chris Jacobs is releasing the following statement in response to DA Flynn’s dropping of the false complaint.

“I want to thank D.A. Flynn for his swift dismissal of Beth Parlato’s phony complaint. And I further want to thank D.A. Flynn for allowing me to come in of my own volition and present him with complete documentation that completely disproves these attacks from Beth Parlato.” 

“It’s now clear Beth Parlato orchestrated this stunt and abused the justice system solely as a political attack and to run a negative television attack ad. It’s shameful, but not surprising. Beth Parlato must immediately take down her false, negative ads. The voters of Western New York are a lot smarter than Beth Parlato thinks and I suspect they will reject her and her nasty, negative campaign on Tuesday.” 

The Batavian offered Beth Parlato a chance to respond to the Jacobs' allegation that she was behind the complaint and got no response to our email request.

Hours after news of a complaint was filed, Parlato released a campaign commercial that accused Jacobs was the subject of a criminal investigation. She also included the same accusation in a press release sent to The Batavian yesterday. There was no criminal investigation, as Flynn revealed today.

Parlato has not issued a statement regarding Flynn's decision to drop the complaint.

Stefan Mychajliw:

“My initial statement on this matter is just as relevant Thursday as it is today: the District Attorney and voters will pass final judgment on Chris Jacobs. Judgment has been passed by the District Attorney. Now, voters will decide for themselves who will be the Republican nominee for New York’s 27th Congressional District in November. Nevertheless, it is troubling to just now find out from the District Attorney that Chris Jacobs admittedly does not live in the 27th Congressional District."

Nate McMurray:

“It is concerning that in a day a complaint of voter and election fraud of a Congressional candidate and State Senator can be dropped, so quickly. No one knew about this until the local news reported it yesterday. Yet here we are, everything resolved with a 5:00 p.m. press conference on a Friday the weekend before an election--just hours after a visit from Jacobs and his attorneys,” said McMurray. 

“If only justice worked so swiftly for regular people, and not just people who can afford the best attorneys. I will tell you this, regardless of what loophole he used, what he did was meant to mislead. He knows. But the people of Western New York, most of us never get a break. Chris? He gets all the breaks,” said McMurray.

Speaking of misleading, McMurray posted this tweet this evening:

Months ago, pre COVID, I sat down with @howardowens for an hour long, no cut interview.

Jacobs refused. https://t.co/7jozhNRpDu

— Nate McMurray for Congress 2020 (@Nate_McMurray) June 20, 2020

Jacobs did not refuse an interview with The Batavian. Jacobs, like McMurray, Parlato, Duane Whitmer, and Mychajliw, all participated in interviews.

The Batavian interviewed candidates for NY-27 both in the special election and in the GOP primary.

Our original plan was to interview Chris Jacobs, Nate McMurray, and Duane Whitmer, running in the special election originally scheduled for April and later interview the GOP candidates.

With that in mind, we interviewed McMurray in February at the Richmond Memorial Library. Then the pandemic hit before we could schedule the next interviews.

We were unable to return to the project until late May, early June, at a time when interviews could only be conducted remotely. Outside of this different setting, we strove to conduct the interviews in a similar style.

The goal of the interviews is to try and uncover the political philosophies of the candidates and how that affects their thinking on some big issues.

This is the interview with Beth Parlato.

The house is his current residence.

A spokeswoman for the Erie County District Attorney's Office confirmed this evening that the office did receive a complaint about Jacobs but said, in reference to a FOIL request for documents, the office had "no documents responsive to the request."

While one of Jacobs' opponents said Jacobs was now the subject of a "criminal investigation," the spokeswoman indicated there was no such investigation currently but that the matter was "under review."

Nate McMurray, running against Jacobs in the NY-27 special election, and Beth Parlato and Stefan Mychajliw., running against Jacobs in the GOP primary, all issued statements attacking Jacobs for "voter fraud."

Jacobs, in turn, called the attacks, "a desperate political stunt."  

Here are his statement and the statements of the other three candidates.

Jacobs:

"This is nothing more than a desperate political stunt made by someone who is about to lose an election. My wife and I went under contract to purchase our home in Orchard Park on June 17th of 2019 and closed on our home on September 30 of 2019.

Desperate attacks by political opponents are not surprising – sadly they have become a standard part of politics.

We are grateful to the thousands of volunteers and supporters who have helped put us in position for a victory on Tuesday and we are looking forward to getting to work for the people of Western New York.”

Mychajliw:

“Chris Jacobs said Chris Collins would be ineffective due to the criminal investigation hanging over him. With a pending investigation by the Erie County District Attorney into potential criminal misconduct, Chris Jacobs should apply his own standard to himself. The District Attorney will pass judgement upon Chris Jacobs, and so will voters in Tuesday's Primary Election."

Parlato:

"I got in this race 11 months ago because we cannot trust career politicians.

Chris Lee resigned in disgrace. Chris Collins resigned in disgrace and is heading to prison. Now, Chris Jacobs has not even made it to Congress yet, and he is under criminal investigation.

The last thing we need is another career politician embarrassing our district and bringing shame to the hardworking, honorable people of NY-27. We deserve better.

We need to bring integrity back to this seat.

I am calling on Chris to put the people first, to do what is right, and remove his name from both the special election and primary ballots."

McMurray:

Western New Yorkers were shocked to learn endorsed Republican candidate for the NY- 27 Congressional District Chris Jacobs was called out for alleged voter and election fraud.

The Erie County District Attorney received a complaint against Jacobs including the following allegations: that Jacobs was registered to vote in the Orchard Park District before owning his home, that he voted from the newly registered home less than 30 days before owning the home, and that he filed primary residence documents that he lived within the 27th District before doing so.

Democratic congressional candidate Nate McMurray joined Republican candidate Beth Parlato in calling for Jacobs to pull out of the race.

“After so much corruption here on the 27th, we now have another endorsed Republican candidate who appears to be lying to the voters already. He has high paid consultants. This was no accident. It’s fraud.

The people of this district cannot afford another entitled and detached millionaire. He’s proving he’s nothing more than that, and he shouldn’t be in office. I call on Chris Jacobs to do the right thing and drop out of this race,” said Nate McMurray.

Press release:

''It's been three weeks now since my opponent, Chris Jacobs, backed out of debating me. With the primary election right around the corner, I have one question to ask my opponent. Chris, what are you so afraid of? Debate me! This is your last chance to prove to the voters that you are not a bought and paid for career politician. I'll tell you what, you and Nick Langworthy set it up however you want. You make the rules, you pick the date, the location, the time -- I'll be there! Or, you can hide from the voters until Election Day. Your choice!

"We need transparency in leadership. As a resident of NY-27 for 53 years, I am sick of career politicians who serve themselves and not the people. We need leaders with convictions, integrity, and passion.The voters of NY-27 deserve this! I know he doesn’t want his liberal voting record exposed, but he owes it to the voters to explain the blatant lies coming out of his campaign."

Divorce lawyer Beth Parlato, who on Friday was forced to pull an attack ad from the air after a published report concluded that Parlato faced the possibility of “a hefty fine and/or up to six months in jail” followed up the illegal ad with a mailing this weekend that included a fake endorsement.

Parlato’s weekend mailing includes the words “Endorsed Pro-Life Candidate” encircled by laurel wreath clip art and under a checkmark, but no actual endorsing organization is listed.

In fact, last week Chris Jacobs was endorsed by the National Right to Life, the nation's oldest and largest grassroots pro-life organization. (Jacobs for Congress, 5/11/20)

“Beth Parlato must think Republicans in New York’s 27th District are dumb,” Jacobs spokesman Christian Chase said. “Ads pulled from the air, ads with fake actors, and now a fake endorsement -- is anything about Beth Parlato’s campaign true?”

Parlato’s fake endorsement comes just days after pulling her illegal ad from the air, and the same week all eight Republicans chairs in the 27th District demanded Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20) 

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

“Beth Parlato’s nasty, negative attacks and fake endorsements are moves straight out of the desperate candidate playbook,” Chase said. “Beth Parlato is doing everything she can to hand this seat to far-left liberal Nate McMurray and Republican voters won’t tolerate it.”

Response press release:

Beth Parlato, endorsed Conservative Republican for Congress in NY-27 released this statement:

“Chris Jacobs continues to show his weak candidacy for Congress. They have to lie to create anything to try and attack me. The weak, fake attacks are being sent to the media to hide the fact that Jacobs is scared to debate me on his liberal voting record. 

There is no illegal ad or fake endorsements. The truth is, I have been endorsed by The Conservative Party of New York State; Pro-Life Concerned Women for America, the largest public policy women’s organization in our nation; Pro-Life Moms for America, and many others. In fact, Chris Jacobs failed to receive the Conservative Party endorsement due to his pro-abortion stance.

Our campaign continues to run with integrity. We will not follow in Chris Jacob’s footsteps and put forth nasty, negative attacks, and outright lies. We will continue highlighting his liberal voting record where he voted to send our taxpayer dollars to Planned Parenthood and for Medicaid-funded abortions.”

“Channel 4 contacted me several weeks ago asking if I would accept their invitation to debate my primary challengers. Without hesitation, I responded yes, I would love to debate. I believe the voters in NY-27 deserve it. 

Yesterday, Channel 4 called to let me know that the debate has been canceled due to my opponent, Chris Jacobs, refusing to participate.

The career politician is refusing to debate me. Why? What is he hiding? Is he afraid that his liberal voting record will be exposed? 

If Jacobs is refusing to debate me, how can he debate anyone or stand up for anything in Congress? We cannot afford to have weak politicians. If he can’t even debate me, he certainly doesn’t have what it takes to stand up to AOC, Nancy Pelosi, or Chuck Schumer. 

We need someone in Congress with enough resolve to stand up for what’s right, a fighter, not afraid of a challenge. It’s time we have real representation. I am not going to back down from a fight. I am not going to back down from a debate. I will respond to questions because the voters deserve answers. They deserve to be informed.”

The Batavian received this response from the Jacobs campaign at 4:26 p.m.:

“We have agreed to participate in two formats with WIVB, one for the special and one for the primary. We had previously agreed to debate Nate McMurray and look forward to allowing voters to see the clear choice between Chris Jacobs -- a strong conservative leader, who has been endorsed by President Trump and will help the President secure our borders, get tough on China, and fight for Western New York -- and Nate McMurray who supports Bernie Sanders’ and AOC’s far-left socialist agenda.”

Press release from the Chris Jacobs campaign:

Beth Parlato pulled an attack ad from the air today after a story published by WNYmedia Network indicated that Parlato faced the possibility of “a hefty fine and/or up to six months in jail” for violating federal laws related to misuse of IRS logos and hiring an actor to portray an IRS official.

“Parlato’s attack ad misses the mark in many ways, but most importantly, the ad prominently features the official IRS logo behind a really bad actor portraying himself as an IRS official. The use of the logo is a direct violation of Federal laws.” (WNYmedia Network, 5/14/20)

According to WNYmedia Network, “Parlato now finds herself facing the possibility of a hefty fine and/or up to six months in jail if the ad is not immediately removed.”

The report cited IRS guidelines that specifically indicate that “Failure to comply with or knowingly violate IRS Design Standards, or using any logo in an unethical way are subject to any of the legal ramifications denoted in IRM 1.17.7.1, Legal Authority.”

Parlato pulled the illegal ad from the air, just two days the Republicans chairs in the 27th District have demanded that Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

But Parlato replaced the illegal IRS ad with another negative attack ad that also uses an actor to make fake and misleading claims.

Statement from Beth Parlato:

Sadly, it’s no surprise to me that within an hour of declining to debate me Chris Jacobs would push this lie citing a Never Trumper website. He’s lying now just as he has lied before to cover up his liberal record in Albany. Also, we fully delivered our ad and it was time to move on to the next message in our progression.

NOTE: The IRS guidelines mentioned in the press release do not pertain to third-party use of IRS logos. They are part of a standards document -- common in marketing -- created to guide employees and vendors in the use of IRS material to promote the IRS. Quote from the same document:

All IRS employees, contractors, and service providers are required to abide by all established standards and report any misuse immediately to M&P.

CLARIFICATION: In a previous paragraph at the end of this story, we said we couldn't find evidence that the use of the IRS logo was "illegal." We should note, that under U.S. Code, there are provisions for criminal prosecution of copyright infringement. Copyright cases are, however, usually civil matters. Trademark infringement is a civil matter, Again, "fair use" in copyright would come into play. Fair use is a complex legal question for a court to decide.

As first reported by the Buffalo News, the Republican chairs in the 27^th District have demanded that Beth Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20) 

“GOP leaders say they imposed one requirement on candidates interviewing for the 27th Congressional District seat back in January: refrain from attacks on fellow Republicans. Now those same chairmen from the district's eight counties accuse Beth A. Parlato, the family law attorney competing in the June 23rd Republican primary, of breaking her promise with "nasty, negative" mailings and television ads aimed at Christopher L. Jacobs…” (Buffalo News, 5/13/20) 

“…party leaders say Parlato's jabs at Jacobs could threaten his efforts to win a special election against Democrat Nate McMurray..” (Buffalo News, 5/13/20) 

" 'We respectfully ask that you keep your commitment to run a positive campaign that avoids dividing the vote and potentially costing the Republican Party a member of Congress in the special election,' the leaders told Parlato. 'Please suspend your negative campaign and promote your own candidacy rather than viciously attacking others.' The letter is signed by all eight leaders of the district's Republican committees."(Buffalo News, 5/13/20)

“Republican chairs in the district said by running those ads, Parlato is squelching on a promise she made during the special election candidate nomination process.” (Spectrum News, 5/14/20) 

“Ontario County Republican Chairwoman Trisha Turner, speaking for the leaders' group, said Wednesday she is 'deeply offended' by the Parlato efforts and insists they represent a broken promise.” (Buffalo News, 5/13/20)

" 'No one's ever told her to get out, not to run, just not to do something that would be destructive to a special election and she committed to that and she's broken that commitment,' Turner says.” (Spectrum News, 5/14/20)

…"You pay people a lot of money to create that kind of negative imagery," Turner said, adding that attacks against a fellow Republican competing against McMurray at the same time as the primary are inappropriate. Turner also noted Parlato's earlier criticism of Robert G. Ortt, the North Tonawanda state senator who dropped out of the race after losing the party nod to Jacobs and whom Turner originally supported.” (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)