Democratic allies of ex-New York Congressman Mondaire Jones filed a lawsuit in an Eleventh-hour bid to knock a “spoiler” Working Households Get together candidate off the poll — in a race the place a current marketing campaign ballot confirmed him barely trailing first-term Republican Rep. Mike Lawler.
Westchester State Supreme Choose Janet Malone issued a restraining order Wednesday barring the election boards in Westchester, Putnam, Rockland and different counties within the decrease Hudson Valley’s seventeenth District from issuing ballots to voters with WFP candidate Anthony Frascone’s identify on it till she guidelines within the case.
A listening to is scheduled for Monday.
Frascone, 54, a building govt from Congers in Rockland County, got here out of nowhere to defeat Jones for the left-leaning WFP poll line in a June major — a stinging embarrassment to the previous politician and the WFP.
Democrats and the WFP see Frascone a possible spoiler who may siphon votes and tip the election to the extra conservative Lawler, who’s in search of re-election to a second time period, over the extra liberal Jones.
The WFP poll line garnered 6,000 votes within the 2020 Home marketing campaign, a quantity that would make the distinction between a Democrat profitable and dropping what’s categorized as a “toss-up” race by the Prepare dinner Report.
A current marketing campaign ballot disclosed by the Jones marketing campaign confirmed him trailing Lawler by a slim 3 factors — 46% to 43% with Frascone at 5%.
With out Frascone on the poll, Lawler’s lead shrinks to only two factors — 47% to 45%.
Lawler is working with the backing of the Conservative Get together, giving him a second poll line for Republicans to win extra right-leaning voters.
The lawsuit filed Tuesday by election lawyer Keith Corbett — who efficiently had unbiased presidential candidate Robert Kennedy Jr. thrown off the poll over failure to determine residency — mentioned Frascone ought to be disqualified as a result of he’s a convicted felon in an insurance coverage rip-off.
Frascone was indicted by a grand jury in 2022 for mendacity to acquire staff’ compensation insurance coverage for his agency and underpaying premiums by $1.49 million.
He later plead responsible and paid insurers greater than $600 million in restitution, court docket data present
“This man is a convicted felon who’s working as a shill for Congress. We don’t imagine it’s lawful for him to be positioned on the poll,” Corbett mentioned.
The swimsuit additionally claims Frascone is a part of a “subversive” scheme by “siphoning and diluting the vote” from the opposite candidates — presumably Jones.
The plaintiffs within the case embody Westchester County Democratic chairwoman Suzanne Berger and a consultant from the Working Households Get together.
However one other marketing campaign regulation knowledgeable mentioned a federal conviction doesn’t bar a citizen from working for a Home seat or serving in Congress.
“You could be a felon and serve in Congress — sadly,” mentioned election lawyer Jerry Goldfeder, who shouldn’t be concerned within the race.
Jones is in search of a comeback to Congress after two years within the political wilderness.
Following redistricting in 2022, Jones determined to relocate and ran for the Home seat within the tenth District, overlaying decrease Manhattan and brownstone Brooklyn. He misplaced within the Democratic major to now-Rep. Dan Goldman.
Jones shifted again to the seventeenth District this yr to tackle Lawler, who defeated ex-Rep. Sean Patrick Maloney, then chair of the Home Democrats’ marketing campaign arm.
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