Seven voters in New York’s 25th Congressional District have filed a lawsuit against Gov. Andrew Cuomo, D-NY, for failing, so far, to call a special election. The seat has been vacant since long-serving Democratic Congresswoman Louise Slaughter died on March 16.

The plaintiffs said because the governor has not issued a Proclamation of Election in a “reasonably timely manner,” they have been denied their constitutionally-protected rights to vote and to representation. The suit claimed Cuomo is required to call the election and should have been prepared to do so promptly after Slaughter died.

“The refusal of the Defendant Governor to call a special election and the resulting disenfranchisement is even more egregious when one considers the fact that an election is already scheduled for June 26, 2018.”

The complaint noted, in the past, state election authorities have conducted special elections at the same time as Federal primaries and one such instance happened two years ago.  It called for Cuomo to be required to stop “unnecessarily” delaying, denying or refusing to issue the proclamation, or for the court to provide the special election take place on June 26.

According to the suit, the plaintiffs represent a sample of roughly 750,000 voters in the district. It pointed out they are Democrats, Republicans and Unaffiliated voters and also represent an array of races, creeds, ethnicities and genders.

The state and Monroe County boards of election are named as defendants as well, because they are “certainly interested parties and may be determined to be necessary parties.”

We’ve reached out to the governor’s office for a response.

NY 25 Lawsuit by Ryan Whalen on Scribd