New York Voters File Federal Lawsuit to Obtain a Special Election for U.S. House, 25th District

Congresswoman Louise Slaughter of New York’s 25th district died on March 16, 2018. On April 17, some voters in her district filed a federal lawsuit against the Governor, so as to obtain a special election to fill the vacant seat. Seubert v Cuomo, w.d., 6:18cv-6303.

Although a similar lawsuit in Michigan recently failed to get injunctive relief, it is easier for a New York case to win. New York does not require primaries in special U.S. House elections; party committees may choose nominees. By contrast, Michigan law requires primaries in special congressional elections, and obviously it takes much longer when a state must hold a special primary followed by a special general election. Thanks to Joe Burns for this news.


Comments

New York Voters File Federal Lawsuit to Obtain a Special Election for U.S. House, 25th District — 10 Comments

  1. What’s the State’s reasoning for not wanting the election? It would seem to be a no-brainer to get that seat filled.

  2. Candidate/incumbent replacement lists —

    NO more HIGH cost / LOW turnout special elections

  3. We will understand the state’s reasoning better after the state answers the Complaint.

  4. @Nick, It is not the “State” it is Cuomo’s decision.

    The congressional primary for the full term is June 26. Slaughter held the position for 32 years. Lots of politicians were probably waiting to run for the seat (she was 88, they have probably have been thinking about it for years. Filing for the regular primary only ended a week ago, with four Democrats filing. If the Democrat bosses picked a candidate for the special election held on the same day, they could end up with a temporary incumbent, different than their November candidate. Or perhaps their choice would tilt the primary. Or the Republicans might pull an upset in the special election.

    Imagine that Adams, Brown, Clark, and Douglas are running in the regular primary, and the party bosses pick Adams. In the primary Brown, Clark, and Douglas will all be going after Adams. “Adams is a career politician who is the choice of the party bosses. Rochester needs a fresh face in Congress” (grainy black and white unflattering photo of Adams fades to Brown/Clark/Douglas color shot in field of flowers). The Republican candidate can run the same ad, and maybe get a win in the primary, and win in the fall as well.

    If Cuomo calls the special to be coincident with the general election, the Democrats will appoint their nominee for the full term to be their candidate in the special for the final two months of this term.

    The lawsuit was filed by individual Republican, Democrat, and unenrolled voters. It is unlikely they were sitting around a dinner table and decided, “I don’t really care about who is elected in November, I just want someone to be in charge of the district office. Let’s go hire a lawyer.”

  5. How many vacancies in ALL legislative bodies in the USA since 4 July 1776 ???

    How much time in all such vacancies (esp as a fraction of the term remaining time) ???

    How many got filled by high cost special elections ???
    ——-
    Candidate/incumbent replacement lists —

    NO more HIGH cost / LOW turnout special elections

  6. @Nick, The lawyer for the plaintiffs has been associated with Republican causes in the past. I think they represented one of the factions vying for control of the Womens Equality Party. That the voters were identified by party raises suspicions in my mind.

    Slaughter was almost beaten in 2014. “She’s been in Congress forever” has both positive and negative connotations. She has experience and seniority but may have lost any sense of the district or ordinary life. This is certainly a pickup opportunity. New York has separate congressional and state primaries, so the congressional primary may be low turnout.

    One of the Democratic candidates is the Assembly majority leader. If he is nominated for Congress, he likely will not run for re-election. If he is not nominated, he presumably would.

    Congress should set the time for special elections, just as they have for general elections. This eliminates the opportunity for politicians to scheme – which is their sole purpose in life.

  7. NON 2016

    BOTH HACKS UNOPPOSED IN PRIMARIES — NO VOTES

    DISTRICT 25
    (I) Slaughter, Louise M. [DONKEY]
    Combined Parties: 182,950 56.15%

    Assini, Mark W. [ELEPHANT]
    Combined Parties: 142,650 43.78%

    Scattered W 231 0.07%

    District Votes: 325,831

    FEC- FEDERAL ELECTIONS 2016, P.150
    ———-
    POSSIBLY LESS SAFE DONKEY IN 2018 OFF YEAR ELECTION ???

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