Former New York state Rep. Mondaire Jones' Democratic allies have become a “spoiler” in a race where recent election polls show him trailing slightly behind the first-term Republican. An eleventh-hour lawsuit was filed to remove the current Working Families Party candidate from the vote. Mike Lawler.
Westchester Supreme Court Justice Janet Malone on Wednesday told the election boards of Westchester, Putnam, Rockland and other counties in the Lower Hudson Valley's 17th District that WFP candidate Anthony Frascone He has been granted a restraining order barring any ballots with his name on them from being issued to voters until the lawsuit is decided. .
A public hearing is scheduled for Monday.
Mr. Frascone, 54, a construction executive from Congers, Rockland County, came out of nowhere to defeat Mr. Jones on the left-wing WFP ballot in the June primary, a painful embarrassment for the former politician and WFP. It became.
Democrats and WFP have warned of potential spoilers that Mr. Flascone could siphon votes and shift the election to the more conservative Mr. Lawler, who is seeking re-election to a second term, rather than the more liberal Mr. Jones. I'm looking at it.
WFP's voting line received 6,000 votes in the 2020 House race, a number that could make the difference between victory and defeat for Democrats, classified as a “toss-up” election by the Cook Report.
Recent election polling released by the Jones campaign shows Mr. Jones trailing Mr. Lawler by just 3 points (46% to 43%, compared to Mr. Frascone's 5%).
Without Frascone on the ballot, Lawler's lead would shrink to just two points (47% to 45%).
Mr. Lawler is running with the backing of conservatives, giving Republicans a second ticket to win over more right-wing voters.
In a lawsuit filed Tuesday by election attorney Keith Corbett, who successfully removed independent presidential candidate Robert Kennedy Jr. from the ballot over failure to establish residency, Frascone has been found guilty of insurance fraud. He argued that he should be disqualified because of the serious offense he committed.
Frascone was indicted by a grand jury in 2022 on charges of lying to obtain workers' compensation insurance for his company and failing to pay $1.49 million in premiums.
He later pleaded guilty and paid insurance companies more than $600 million in restitution, according to court records.
“This man is a convicted felon who is running for Congress. We do not believe it is legal for him to be on the ballot,” Corbett said.
The complaint also alleges that Mr. Frascone is participating in a “destructive” scheme to “siphon and dilute votes” from other candidates, most likely Mr. Jones.
Plaintiffs in the lawsuit include Westchester County Democratic Party Chairwoman Suzanne Berger and representatives of the Working Families Party.
But another election law expert said a federal conviction does not prevent a person from running for or becoming a member of Congress.
“You can be a felon and still serve in Congress, unfortunately,” said Jerry Goldfeder, an elections attorney who is not involved in the election.
Jones is seeking a return to Congress after two years in the political wilderness.
After redistricting in 2022, Jones decided to relocate and ran for Congress in the 10th District, which covers lower Manhattan and brownstone Brooklyn. He lost the Democratic primary to the current congressman. Dan Goldman.
Mr. Jones returned to the 17th District this year to face Mr. Lawler, who defeated the former congressman. Sean Patrick Maloney, then-chairman of the House Democratic Campaign Committee.
