Marcus Buchanan
The case against Dunkirk County Legislator Marcus Buchanan that alleged he violated Election Law is being adjourned with charges to be dismissed.
Chautauqua County District Attorney Jason Schmidt said in a release that he has taken the steps to, “…conclude the case with a certain disposition available under the law providing for a suspension of all prosecution activities and an adjournment of the case for a period of six months after which the charges will be dismissed and associated court record sealed, provided that Mr. Buchanan does not allegedly violate any misdemeanor or felony laws including criminal Election Law statutes within that timeframe, which I have no reason to believe will occur given that Mr. Buchanan is a respected sitting County Legislator, has no criminal history whatsoever, and has, by all accounts other than what I believe happened here, conducted himself throughout his lifetime within the parameters of the law.”
Buchanan was charged with Election Law violations earlier this year for allegedly employing improper procedures while registering new voters and completing absentee ballot applications during the 2023 County Legislature election cycle.
Schmidt said that several factors led to his decision to suspend the prosecution including the complexity and public unfamiliarity of Election Law as compared to other criminal offenses under the State Penal and Vehicle and Traffic Laws; the recognition that lay person candidates and voters acting under newly enacted laws may unknowingly engage in conduct which violates Election Law prohibitions, Mr. Buchanan’s lack of any criminal history whatsoever and the potentially catastrophic financial and personal consequence a criminal conviction may have upon him; and the fact that other investigations have had priority timewise which has led to any prosecution that would have taken place falling in the middle of the 2025 political campaign cycle in which Mr. Buchanan is running for reelection this November.
Schmidt also cited not wanting to add to the “…increasingly divisive nature of the current political and social discontent surrounding us. In the approximate 20 year period in which I have worked within our local criminal justice system as both prosecutor and defense attorney, law enforcement has always acted with the highest integrity and without regard to those irrelevant considerations; it would be a disservice to our community if I were to pursue a course of action which created or contributed to that erroneous narrative.”
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