On February 5, eight voters who reside in New York’s U.S. House District Eleven filed a federal lawsuit against New York Governor Andrew Cuomo, over the Governor’s failure to call a special congressional election. The seat has been empty since January 5, 2015, the date Congressman Michael Grimm’s resignation was effective.
The case is Rossito-Canty v Cuomo, e.d., 1:15cv-568. It was assigned to Judge Jack B. Weinstein and has a hearing February 13. It seems likely that the Governor will now simply set dates for a special election, rather than fight the lawsuit. The Eleventh District is centered on Staten Island and part of Brooklyn, and was the only New York city district in November 2014 to elect a Republican to the U.S. House. Thanks to Frank Morano, who is one of the voter plaintiffs, for this news. UPDATE: this news story describes each plaintiff.
This article is about the lawsuit, and includes the text of the lawsuit.
http://www.silive.com/news/index.ssf/2015/02/lawsuit_against_gov_andrew_cuo.html#incart_related_stories
Congress should require special elections be conducted within 60 days. There are already federal statutes covering the instance when there are many concurrent vacancies.