Allies of Mondaire Jones in a desperate attempt to eliminate the election spoiler in New York

Democratic allies of former New York congressman Mondaire Jones filed an eleventh-hour lawsuit seeking to remove a “spoiler” Working Families Party candidate from the ballot in a race that a recent campaign poll showed him trailing slightly First-term Republican representatives lagged behind. Mike Lawler.

Westchester State Chief Judge Janet Malone issued a preliminary injunction Wednesday barring boards of elections in Westchester, Putnam, Rockland and other counties in the lower Hudson Valley's 17th District from issuing ballots to voters bearing the name of the WFP candidate Anthony Frascone is standing until it decides on the case.

A hearing is scheduled for Monday.

Frascone, 54, a construction manager from Congers, Rockland County, came from nowhere to defeat Jones in a June primary on the left-leaning WFP ticket – a bitter embarrassment for the former politician and the WFP.

Democrats and the WFP see Frascone as a potential spoilsport who could siphon votes and swing the election in favor of the more conservative Lawler, who is seeking re-election to a second term, over the more liberal Jones.

The WFP line received 6,000 votes in the 2020 House race, a number that could be the difference between a Democrat winning or losing in what the Cook Report classified as a “toss-up” race.

A recent campaign poll released by the Jones campaign showed him trailing Lawler by just three points – 46% to 43%, while Frascone was at 5%.

Without Frascone on the ballot, Lawler's lead shrinks to just two points – 47% to 45%.

Lawler is running with the support of the Conservative Party, giving him a second line for Republicans to attract more right-leaning voters.

The lawsuit filed Tuesday by election lawyer Keith Corbett, who successfully removed independent presidential candidate Robert Kennedy Jr. from the ballot because he failed to provide proof of residency, said Frascone should be disqualified because he was convicted of an insurance fraud scheme.

Frascone was indicted by a grand jury in 2022 for lying to obtain workers' compensation insurance for his company and underpaying premiums by $1.49 million.

He later pleaded guilty and paid insurers more than $600 million in compensation, court records show

“This guy is a convicted felon running for Congress as a stooge. We don’t believe it’s legal for him to be on the ballot,” Corbett said.

The lawsuit also alleges that Frascone is part of a “subversive” plan to “drain and dilute the votes” of the other candidates, presumably Jones.

Plaintiffs in the case include Westchester County Democratic Chairwoman Suzanne Berger and a representative of the Working Families Party.

However, another campaign law expert said a federal conviction does not bar a citizen from running for a House seat or serving in Congress.

“You can be a felon and serve in Congress — unfortunately,” said election lawyer Jerry Goldfeder, who is not involved in the election.

Jones is seeking a comeback in Congress after two years in the political wilderness.

After redistricting in 2022, Jones decided to move and run for the House seat in the 10th District, which covers Lower Manhattan and Brownstone Brooklyn. He lost in the Democratic primary to the current representative. Dan Goldman.

Jones moved back to the 17th District this year to run against Lawler, who defeated the former representative. Sean Patrick Maloney, then chairman of the Democratic campaign division in the House of Representatives.