Monserrate defies NYC law meant to keep him from running
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Former Councilmember and State Sen. Hiram Monserrate. AP Photo/Mike Groll
By David Brand
A new law was supposed to keep Hiram Monserrate from running for a Queens council seat. He’s trying to do it anyway.
Monserrate, a former councilmember convicted of misusing public funds, filed petition signatures with the New York City Board of Elections on March 22, less than a month after Mayor Bill de Blasio signed legislation to prohibit ex-lawmakers with corruption records from holding elected office. Monserrate had hoped to unseat incumbent District 21 Councilmember Francisco Moya, who defeated him in 2017.
The new law will almost certainly get Monserrate “bounced from the ballot,” said election attorney Howard Graubard.
“I suspect if someone brings a specific challenge against that, he’ll be taken off the ballot,” Graubard said.
Former Assemblymember Ari Espinal, a close ally of Moya, filed an objection to knock Monserrate off the ballot Thursday. She has until March 31 to file a specification, like simply citing the new law.
Graubard said that objection would spare the Board of Elections from removing Monserrate from the ballot on its own. The BOE did not provide a response for this story.
Monserrate was sentenced to two years in federal prison in 2012 after he steered council money to a local nonprofit and used the cash to fund his successful state senate campaign. He was ordered to pay nearly $80,000 in restitution and completed the payments during his failed bid for the Assembly last year.
The new legislation passed the council in a 44-1 vote before Mayor Bill de Blasio signed it into law last month A version of the bill was first introduced by Moya and then-Bronx Councilmember Ritchie Torres in 2018, before Brooklyn Councilmember Justin Brannan reupped it this year.
"Serving the public in elected office is a privilege, not a right, and it must be treated as such,” Brannan said in a statement. “You don't get a second chance to betray New Yorkers.”
Monserrate, who was also convicted of a separate domestic violence-related misdemeanor, did not respond to a phone call seeking comment for this story. He told the Eagle last month that he was considering filing a lawsuit to challenge the law.
Graubard said Monserrate may be waiting to get kicked off the ballot before challenging the new measure. “I assume the whole thing will end up in court regardless,” he said.
Monserrate’s campaign coordinator Angel Audiffred declined to comment on the possibility of a lawsuit.
“We have been busy campaigning,” Audiffred said.
A campaign volunteer with close ties to Monserrate slammed the new measure.
“That bill was designed to prevent Hiram from running. Not to prevent pedophiles or murderers who, by the way ,can still run for city council,” said the volunteer, who was not authorized to speak on behalf of the campaign. “Even though you see him as a jerk, an ex felon, an asshole. Why is the city picking on Hiram?”
