Erie County Legislator Howard Johnson Abruptly Resigns

Johnson will become deputy commissioner for the Democratic side of the election board.

“This position is open and we want to fill it as soon as possible,” said Jeremy Zellner, a Democratic commissioner for the Erie County Board of Elections and chairman of the county Democratic Party. “I think he’s going to bring a lot of talent to our department.”

Johnson, who has advocated for resources to address urban needs, submitted a two-sentence resignation letter to Erie County Clerk Michael “Mickey” Kearns. The letter said his resignation was effective as of 11:59 p.m.

Johnson represented the 1st District, which covers much of the East Side, as well as the downtown business district and the Lower West Side.

Johnson did not respond to a request for an interview from The Buffalo News to explain why he decided, without warning, to immediately resign from the legislature. But he did share a statement through the county legislature’s Democratic chief of staff, touting some of his accomplishments and priorities during his tenure.

“Over the past five years, I have worked with my colleagues in government to improve the lives of residents in our community,” he said. “My proudest accomplishments include creating the Jail Specialist Advisory Committee to improve conditions in our jails, establishing the Urban Initiative Fund, and approving pay raises for county elected officials. I am excited to have another opportunity to serve on the Erie County Board of Elections.”

Johnson has been a lifelong advocate for resources and equity for poor urban communities. He has also been a vocal critic of Kearns, the county clerk.

More recently, he has been the most vocal lawmaker calling for raises for all elected officials, including county legislators. As part of that campaign, Johnson, one of the few lawmakers without an outside job, has explained that his job as a legislator is a demanding position that he considers a full-time job. He has also spoken about the needs of his constituents and how he is accountable to the people he represents.

He recently attended a public hearing Tuesday on a local law sponsored by Legislator John Bargnesi that calls for term limits. At that time, he gave no indication that he planned to resign. He said he was still weighing his feelings about the proposed law and listening to people on both sides.

Zellner said he offered Johnson the job as the new deputy commissioner because Arthur “Champ” Eve Jr. was retiring as deputy commissioner and would work for the board part-time.

Johnson’s departure from the Legislature means Democrats will hold a 6-4 majority, down from 7-4.

The 1st District seat won’t be vacant for long, though. Zellner said the Erie County Democratic Committee will meet to nominate someone for the position, after which whoever is nominated will immediately have to campaign to win the November general election to fill Johnson’s remaining one-year term. It’s possible that whoever is nominated will also face a primary in the heavily Democratic district.

Johnson’s immediate resignation allows Democrats to potentially nominate someone to fill Johnson’s seat before the county legislature goes on a month-long recess in August.

In light of a new state law that would move county legislative elections to even-numbered years starting in 2026, whoever seeks to fill Johnson’s seat permanently will face a grueling electoral journey after being appointed. The individual would have to win the election this fall, run and win again in 2025 for a one-year term, and then run again in 2026 for a full two-year legislative term, Zellner said.