Let the race begin!
Hiram Monserrate, the expelled former State Senator from Queens, will face Assemblymember José Peralta – and any other candidate that throws their hat in the ring – after a federal judge denied Monserrate’s request to prevent the Special Election for his seat and reverse his expulsion.
However, on Tuesday, February 23, Monserrate’s attorneys filed a notice of appeal with the U.S. District Court, as well as a motion for an expedited appeal of the denial of the preliminary injunction with the U.S. Court of Appeals for the Second Circuit.
In his decision on Friday, February 19, Federal District Court Judge William Pauley recognized the uniqueness of the lawsuit of a legislator questioning the constitutionality of his removal from office in New York State and how this action disenfranchises the voters. However, Pauley said that the Special Election would be the vehicle that empowers voters “more effectively than judicial intervention.”
“In an ironic twist, his attorneys characterize the Senate’s action as an ‘unlawful coup’ and argue that voter’s in the 13th Senatorial District have been disenfranchised by his removal,” said Pauley. “However, Governor David A. Paterson’s immediate Proclamation of a Special Election empowers those voters.”
Paterson set the Special Election scheduled for March 16 after the members of the New York State Senate voted 53 to 8 to expel Monserrate from the Senate on Tuesday, February 9. The Senate had based their vote on the report issued by the temporary Senate Select Committee that investigated the facts and circumstances surrounding Monserrate’s conviction for assault. Monserrate’s expulsion created the vacancy in the district and meant that Senate Democrats would have an even slimmer majority of 31 to 30 over the Republicans.
“I feel satisfied with the courts decision to maintain the Committee’s determination, rejecting Hiram Monserrate’s arguments and accepting his expulsion from the Senate,” said State Senator Eric Schneiderman, who chaired the Committee. “It is clear that we acted according to law.”
Monserrate’s spokesperson Mike Nieves told The Queens Courier on Tuesday, February 16 that they acknowledged that Monserrate might have a better chance to beat Peralta in the September primary than in the Special Election, but that won’t prevent him from running in March.
“That’s his intention,” said Nieves. “He also plans to run in the primary in September.”
Monserrate represents parts of Jackson Heights, Corona, Elmhurst, East Elmhurst and LeFrak City in Queens. Now he faces Peralta, who has represented Queens in the Assembly since 2002 and has the backing of the Queens Democratic Party. Peralta will be seen as the favorite in the Special Election.
“Today’s court decision reinforces the State Senate’s action to expel Hiram Monserrate, a convicted domestic abuser, who is unfit to serve in elected office,” said Assemblymember Jose Peralta on today’s court decision. “No one is above the law and on March 16 the people of the 13th Senate District will let their voices be heard.”
— Additional reporting by Pete Davis.
