Democratic allies of ex-New York Congressman Mondaire Jones filed a lawsuit in an 11th-hour bid to knock a “spoiler” Working Families Party candidate off the ballot — in a race where a recent campaign poll showed him slightly trailing first-term Republican Rep. Mike Lawler.
Westchester State Supreme Judge Janet Malone issued a restraining order Wednesday barring the election boards in Westchester, Putnam, Rockland and other counties in the lower Hudson Valley’s 17th District from issuing ballots to voters with WFP candidate Anthony Frascone’s name on it until she rules in the case.
A hearing is scheduled for Monday.
Frascone, 54, a construction executive from Congers in Rockland County, came out of nowhere to defeat Jones for the left-leaning WFP ballot line in a June primary — a stinging embarrassment to the former politician and the WFP.
Democrats and the WFP see Frascone a potential spoiler who could siphon votes and tip the election to the more conservative Lawler, who is seeking re-election to a second term, over the more liberal Jones.
The WFP ballot line garnered 6,000 votes in the 2020 House campaign, a number that could make the difference between a Democrat winning and losing what is categorized as a “toss-up” race by the Cook Report.
A recent campaign poll disclosed by the Jones campaign showed him trailing Lawler by a slim 3 points — 46% to 43% with Frascone at 5%.
Without Frascone on the ballot, Lawler’s lead shrinks to just two points — 47% to 45%.
Lawler is running with the backing of the Conservative Party, giving him a second ballot line for Republicans to win more right-leaning voters.
The lawsuit filed Tuesday by election lawyer Keith Corbett — who successfully had independent presidential candidate Robert Kennedy Jr. thrown off the ballot over failure to establish residency — said Frascone should be disqualified because he’s a convicted felon in an insurance scam.
Frascone was indicted by a grand jury in 2022 for lying to obtain workers’ compensation insurance for his firm and underpaying premiums by $1.49 million.
He later plead guilty and paid insurers more than $600 million in restitution, court records show
“This guy is a convicted felon who is running as a shill for Congress. We don’t believe it’s lawful for him to be placed on the ballot,” Corbett said.
The suit also claims Frascone is part of a “subversive” scheme by “siphoning and diluting the vote” from the other candidates — presumably Jones.
The plaintiffs in the case include Westchester County Democratic chairwoman Suzanne Berger and a representative from the Working Families Party.
But another campaign law expert said a federal conviction does not bar a citizen from running for a House seat or serving in Congress.
“You can be a felon and serve in Congress — unfortunately,” said election lawyer Jerry Goldfeder, who is not involved in the race.
Jones is seeking a comeback to Congress after two years in the political wilderness.
Following redistricting in 2022, Jones decided to relocate and ran for the House seat in the 10th District, covering lower Manhattan and brownstone Brooklyn. He lost in the Democratic primary to now-Rep. Dan Goldman.
Jones shifted back to the 17th District this year to take on Lawler, who defeated ex-Rep. Sean Patrick Maloney, then chair of the House Democrats’ campaign arm.
