The county charter requires that Pelletier appoint a Democrat, because the person selected must be of the same party as the legislator who last held the seat. The seat will be up for election in November. Calvin Lee, who is the Democratic leader for the 25th District, is also interested in the vacancy. The section of the city charter in question also prohibits a member of the city Fire Department from other activities such as attempting to influence a voter at a political caucus. He noted that Lightfoot might be able to get appointed to the vacancy without soliciting votes, but it would be difficult for him to run for office.
Federal law prohibits people in federally-funded positions from running for political office.
But, according to Eichner, state law doesn't ban government employees from running for office. And the city's limitations on its other employees are less restrictive. For instance, John Howland, a street maintenance manager for the city, is now on the Henrietta Town Board and announced yesterday that he is running for town supervisor. Matthew J. Fusco, lawyer for the local firefighters union, questioned the constitutionality of any ban on city firefighters that went beyond prohibiting them from holding city office. He lives just outside the 25th District, and said he would be willing to move temporarily.