STATEN ISLAND — A federal judge ruled Tuesday that Gov. Andrew Cuomo has four days to set a date for a special election to fill the seat vacated by former Rep. Michael Grimm.
U.S. District Judge Jack Weinstein said Cuomo had to set a date for the election to fill the empty congressional seat by Friday after eight people sued the governor for not providing a valid reason to delay the vote.
"The right to representation in government is the central pillar of democracy in this country," Weinstein wrote in his 42-page ruling. "Unjustified delay in filling a vacancy cannot be countenanced."
If Cuomo fails to set a date by Friday, Weinstein wrote the court will set one "as promptly as the law will allow."
On Jan. 5, Grimm resigned from his congressional post — which he handily won back in November — after he pleaded guilty to tax fraud for underreporting wages at an Upper East Side eatery he owned.
By law, the governor has discretion when to set the election, but it must be within 70 to 90 days after he announces one. The plaintiffs in the case — represented by Brooklyn Republican Board of Elections commissioner Ronald Castorina — argued that Cuomo was waiting until the general elections in November to save money, according to Weinstein's ruling.
“As reflected in the State’s papers filed last week, the Governor will announce the date for the Special Election for New York’s 11th Congressional District shortly, consistent with our constitutional obligation and in a manner that balances both the economic impact of the election as well as the need for fair representation," a spokeswoman for Cuomo, Melissa Derosa, said in an email.
Aside from the suit, Assemblyman Joe Borelli recently announced he would push two bills that would require the governor to set special elections for vacant congressional and state legislature seats.
"The role is designed to be administrative and not political," Borelli said. "It's just sort of a prerogative of a governor that gets used politically. That's what we're trying to stop."
The Democratic Party has not yet announced a nomination, but Brooklyn Councilman Vincent Gentile and several others recently pitched the party to run. Staten Island Democratic Committee Vice Chairman John Sollazzo also recently announced his desire to run for the seat, the Staten Island Advance reported.
Last year, Crown Heights was left without a state senator for nine months when Eric Adams left his post to become Brooklyn Borough President. Instead of calling a special election for that seat, Cuomo waited until the general elections in September.
Grimm's former seat was also left vacant for several months
