Democratic leaders in the Buffalo area voted Thursday to select New York state Sen. Tim Kennedy as their nominee in the as-yet-unscheduled special election to replace Rep. Brian Higgins, a Democrat who has said he'll resign in the first week of February to lead a local cultural center. But while Kennedy is on a glide path to succeed Higgins in the 26th Congressional District, which favored Joe Biden 61-37 in 2020, he's likely to face a familiar name in the June 25 primary for a full term.
Former Grand Island Town Supervisor Nate McMurray, who twice came unexpectedly close to flipping the now-defunct 27th District, announced Tuesday that he'd run for the constituency that Higgins is giving up. McMurray, who has a fraught relationship with local party insiders, acknowledged to the Buffalo News that there was little chance they'd select him as the party's standard-bearer. (There are no primaries in New York special elections.)
However, McMurray also told the paper he plans to keep campaigning through the summer primary. "Do I think it will be a quick thing? No," he said. "I think it’s going to be a fight and a struggle." The former supervisor, though, argued he felt compelled to run because of the danger Donald Trump poses to American democracy. "I think the people in Western New York know, if we have another insurrection, they’re going to want Nate McMurray in the room when it happens," he said.
McMurray also took Kennedy to task for opposing abortion rights earlier in his career. "I was pro-abortion in the middle of the reddest district in New York State," said McMurray, “but I am somehow blasphemous because I want to have open discussions and open debate about the future of the community." Kennedy made news in 2014 when he announced that his positions had "evolved," a shift that NARAL Pro-Choice New York praised as "wonderful."
Both Kennedy and McMurray have experience competing in tough races, though the former has enjoyed considerably more success. Kennedy, a longtime Higgins ally, earned an appointment to the Erie County Legislature in 2004, where he joined a bipartisan coalition that backed Republican County Executive Chris Collins. But Kennedy campaigned from the left in 2010 when he waged a primary challenge to state Sen. William Stachowski, a 28-year incumbent who opposed a bill that would have legalized same-sex marriage.
Kennedy won in a 63-26 landslide, but he faced a difficult general election battle against both Republican Assemblyman Jack Quinn and Stachowski, who continued to run as the nominee of the Independence Party. Kennedy, however, had the support of the Conservative Party, which usually supports Republicans (candidates in New York can accept multiple parties' nominations), and its backing helped him win a tight contest despite that year's GOP wave.
Kennedy wound up turning back Quinn 47-45, with the balance going to Stachowski. The following year, Kennedy voted for a successful bill to legalize same-sex marriage in the Empire State and said wouldn't seek the Conservative Party's nomination to avoid putting it in a "touchy situation."
Kennedy never again had to worry about a competitive general election, but he had to fight to win his primary in 2012 against Erie County Legislature Minority Leader Betty Jean Grant. Grant, whose longtime antipathy toward Kennedy was reciprocal, went after him for his old alliance with Collins, the Republican county leader. The seat, which was redrawn after the 2010 census, also was home to a large Black electorate, which was a factor in the contest between the white incumbent and his Black challenger. After Kennedy won the primary 50.3-49.7―a margin of just 156 votes―Grant soon made it clear she'd seek a rematch.
Their 2014 battle was an expensive and closely watched affair. Grant, who was close to Erie County Democratic Chair Jeremy Zellner, also had the support of the Independent Democratic Conference, a breakaway faction that allowed the Republican minority to remain in control of the state Senate—an ironic state of affairs given her attacks on Kennedy for his cooperation with Collins. Kennedy, though, prevailed 60-40, and he never again faced a serious threat.
McMurray emerged on the national political scene a few years later, when he challenged Collins in 2018. The Republican, who had lost reelection as executive in 2011 to Democrat Mark Poloncarz, had bounced back the following year by unseating future Gov. Kathy Hochul in the 27th Congressional District, and he appeared secure in a seat that had favored Donald Trump 60-35 in 2016.
But Collins' grasp on New York's reddest House seat was threatened after he was accused of insider trading and grew weaker still after he was indicted just months before the 2018 election. McMurray ran a strong campaign against the scandal-tarred congressman, but Collins held on 49.1-48.7 after he ran a xenophobic campaign ad showing footage of the Democrat speaking Korean.
Collins, however, resigned the following year as part of a plea deal with prosecutors, prompting a special election in June of 2020. The GOP selected Chris Jacobs as its nominee, but despite lacking Collins' taint, he beat McMurray by an underwhelming 51-46 margin. Their November rematch, though, ended with a 60-39 victory for Jacobs as Trump was taking his district 57-41. Collins, meanwhile, soon received a pardon from Trump after serving just two months of what was supposed to be a 26-month prison sentence.
McMurray announced in January of 2023 that he'd challenge Poloncarz in that year's primary for county executive, but he dropped out the following month. The former supervisor published a series of tweets charging that "the party machine" had made "a legitimate primary (from someone like me) nearly impossible." He made it clear this week his opposition to local insiders would be a centerpiece of his newest effort.
Just over 10% of the 26th's denizens live within the boundaries of the old 27th, but the district could soon be transformed. New York's highest court recently ordered the state's bipartisan redistricting commission to draw a new congressional map, but several steps remain before a new map can be finalized. However, the special election to replace Higgins will take place under the current district lines, which were used in 2022.
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