Officials say Bill Nojay, a Republican representing the 133rd Assembly seat in Upstate New York, shot himself near his brother's grave in the family burial plot at Riverside Cemetery in Rochester, around 9:22am.
Nojay's brother Robert was severely disabled and died in 1999.
The 59-year-old politician reportedly called his lawyer this morning, saying he planned to take his life.
A police officer tracked Nojay down to the cemetery but he pulled the trigger before the cop could stop him.
Nojay is survived by a wife , Debra, and three children. They live in Pittsford, New York.
Nojay was up for re-election this Tuesday in the GOP primary, and Bill Reilich, the Republican chair for Monroe County, told the Democrat and Chronicle that he appeared 'upbeat' ahead of the election and 'always anticipated he would do well'.
Nojay was reportedly due in court on Friday to discuss a case regarding a woman in Cambodia, who claims that he and two other men scammed her.