Congress Convenes With One Vacant Seat

The new 114th Congress convened on Tuesday with already one vacant seat in the House of Representatives headed to special election.  Despite Rep. Michael Grimm (R) saying he would not resign his seat after pleading guilty to one count of tax evasion in December, the man who scored a resounding 53-41 percent re-election victory in the face of a 20-count federal indictment has officially left Congress.  Under New York election law, the governor must schedule the election between 70 and 80 days from the date of official vacancy.  Also under New York election procedure, the local political parties will choose their respective nominee, meaning there will only be one election before the voting public. For a time, it looked like former three-term Staten Island Borough president James Molinaro might enter the race as a Conservative Party candidate, but the 83-year old former local political leader is confirming he will not do so. Having a Conservative nominee would clearly weaken Republican prospects of holding the seat. At this point, the leading contenders are Richmond County District Attorney Dan Donovan for the Republicans, and six-term Democratic state Assemblyman Michael Cusick (D-Staten Island).  Also mentioned as potential Republican candidates are Assemblywoman Nicole Malliotakis (R-Staten Island/Brooklyn) and state Senator Andrew Lanza (R-Great Kills/Staten Island). Former Rep. Vito Fossella (R-NY-13) says he is not interested in seeking his former position. On the Democratic side, in addition to Assemblyman Cusick, former one-term Rep. Mike McMahon (D-NY-13) is being mentioned as a possible candidate. McMahon won the seat when Fossella imploded in personal scandal, but lost to Grimm two years later in the GOP landslide of 2010. Considering Grimm's strong re-election victory, and the Republican voting history in this Staten Island-based district, the GOP begins the special election as the favorites to hold the seat. Thus, the first campaign of the new 2016 election cycle is already upon us. For more information, please contact David Ashinoff at (202) 547-5013 or ashinoffd@agc.org.