Monserrate off ballot again – for now
/
A judge ruled in February to uphold a law that stops former elected Hiram Monserrate from running for his old seat. However, supporters of the former Queens state senator and councilmember who served time in prison on corruption charges, are appealing the decision. AP file photo by Mike Groll
By Ryan Schwach
Supporters of Hiram Monserrate are appealing a February court decision which upheld a law specifically created to stop the former lawmaker from running for office because of his criminal history.
Should the appeal also be struck down, the decision will keep Monseratte off the ballot as he once again tries to run for his old City Council seat in Western Queens.
The supporters of Monserrate, who was booted from the State Senate after being convicted of misdemeanor assault and who later served time in prison on corruption charges, are appealing the February decision from Manhattan Judge Machelle Sweeting, who ruled that the 2021 law does not infringe on the supporters’ rights to vote for their chosen candidate.
Lawyers representing the voters have argued that the Council had no right to pass the legislation, and that it should be struck from the city’s books.
Prominent election attorney Jerry Golfeder, who is representing the group of Monserrate backers, said he expects “the law to be invalidated” after he argues the appeal in mid-May.
Monserrate represented District 21 in the City Council before being elected to the State Senate in 2008. The following year, Monserrate was convicted of misdemeanor assault. Then, in 2010, he was sent to prison for two years on a federal corruption conviction for actions he took while in the Council.
After being released from prison, Monserrate almost immediately began attempting to return to public office. And he hasn’t stopped. Monserrate has run for both State Assembly and City Council multiple times. He’s yet to win a race for a legislature, though he’s been elected to a district leader position multiple times.
In 2021, the City Council passed a law disqualifying people from holding an elected city office if they had certain felony convictions. The law was specifically passed to stop Monserrate from running for his old seat.
Since then, he has been trying to overturn the law.
Most recently, Monserrate lost to Democratic Party-backed Larinda Hooks in a State Assembly race last year. He secured 40 percent of the vote in that election.
This year, Monserrate is attempting to run in a crowded Democratic field for District 21, which is being vacated by term-limited Councilmember Francisco Moya.
While Monserrate has been declined matching funds, he has raised the second-largest amount of money in the race. However, he is far behind frontrunner Shanel Thomas-Henry, a community advocate involved with the LaGuardia Airport reconstruction.
Also in the race is Erycka Montoya, a City Council staffer who has been endorsed by the Working Families Party, District Leader Yanna Henriquez and State Senator Jessica Ramos staffer Sandro Navarro.
Following Monday’s campaign finance deadline, Thomas-Henry has the most cash with $52,000 and is the only candidate to qualify for public matching funds.
Monserrate has brought in $35,000, and Montoya has brought in $26,000. Navarro and Henriquez have both brought in around $18,000, but Navarro’s spending has him nearly $30,000 in the red.
Two others, David Aiken and Rose Diane, are also listed as candidates. Aiken has brought in around $10,000 and Diane has not filed any campaign donations.
Monserrate did not answer calls requesting comment on Thursday.
