A court ruling gives new life to ex-con Hiram Monserrate’s bitter feud with Councilman Francisco Moya. Monserrate will likely have his name back on the ballot for June’s Democratic primary. (Photo by Bill Parry)
Ex-con Hiram Monserrate will likely be on the ballot for next month’s Democratic primary and challenge Councilman Francisco Moya for his old seat after a law designed to keep him from running for public office in New York City was struck down in Manhattan Supreme Court Tuesday.
The city’s Board of Elections threw Monserrate off the ballot last month, citing Local Law 15, known colloquially as “Hiram’s Law,” which was struck down by Supreme Court Justice Machelle Sweeting. In her ruling, Sweeting wrote that the law, passed by the City Council in 2021, did not apply to Monserrate and its “retroactive application is deemed unconstitutional,” and Monserrate should not be barred “from holding elected city office for certain felony convictions prior to the enactment of Local Law 15.”
Monserrate was sentenced to two years in federal prison in 2012 after he funneled City Council money to a nonprofit and used the cash to fund his successful state Senate campaign. Previously, Monserrate was expelled from the state Senate in 2010 for assaulting his girlfriend.
“Today, the New York State Supreme Court struck down an unconstitutional NYC law that infringed upon the voter’s right to choose — and by that finding, I will have the opportunity to run for City Council again,” Monserrate said. “Government should never misuse its power to quash dissent nor favor one candidate over the other in political races.”
Monserrate’s election law attorney Aaron Folenauer called the ruling a big victory.
“It’s tremendous. He should be on the ballot in time for the Democratic primary on June 27,” Foldenauer told Schneps Media. “We don’t know if the city is going to appeal that decision, but either way the ballot should be set so that…
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