Lawsuit against Cuomo, Boards of Election thrown out

(File photo)

Albany, N,Y. - A lawsuit filed against the Monroe County Board of Elections, the New York State Board of Elections and Governor Andrew Cuomo has been thrown out.

Plaintiffs in the 25th Congressional District argued the defendants had violated voters' rights by not declaring a special election following Congresswoman Louise Slaughter's death.

The Court found it did not have authority to force Cuomo and the other defendants to declare a special election.

In his decision, Chief Judge Frank Geraci, Jr. said, "By statute, the Court may compel federal officials to perform a duty via a writ of mandamus...The Court does not have the power, however, to issue a writ of mandamus compelling a state official to perform a duty."

Several candidates are seeking the seat formerly held by Congresswoman Slaughter. Former television journalist Rachel Barnhart, Rochester City Councilmember Adam McFadden, Assemblyman Joe Morelle and Brighton Town Councilmember Robin Wilt are running under as Democrats, while Dr. Jim Maxwell is running as a Republican.

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