New York Republicans Oppose Delay in Special Election for Elise Stefanik's Seat

Republicans in New York's congressional delegation are expressing outrage over reports that state Democrat leaders are contemplating legislative avenues to delay the special election to replace Rep. Elise Stefanik, R-N.Y.

The six GOP lawmakers have indicated intentions to seek intervention from the Department of Justice (DOJ) should the proposed legislative maneuver conflict with federal law.

"Your clear attempt at playing political games to limit Republican numbers in the House of Representatives is overreaching, corrupt, and undemocratic," stated a letter initiated by Reps. Mike Lawler and Nick Langworthy.

Included in the letter were New York Republican Reps. Nicole Malliotakis, Nick LaLota, Andrew Garbarino, and Claudia Tenney.

The pressure exerted on New York's Democrat leaders is supported by House Speaker Mike Johnson, R-La., who remarked on "Fox & Friends" that, "This is open political corruption by state officials in New York."

Johnson further stated, "They're going to try to disenfranchise over 750,000 New Yorkers who live in that 21st District. It's unconscionable."

Last week, New York lawmakers gathered in the state Senate and Assembly to deliberate on a rules change that could leave Stefanik's seat vacant until at least June, according to the New York Post.

Stefanik has been nominated as U.S. ambassador to the United Nations by President Donald Trump and is expected to smoothly secure Senate confirmation. Her and National Security Advisor Mike Waltz's exit from Congress results in a narrow GOP majority, which precludes any Republican dissent in passing legislation without Democrat support.

The letter emphasized the possibility of Stefanik being confirmed "as early as this week," which would result in no representation for New York's 21st Congressional District in the House until the seat is filled.

This predominantly Republican district is likely to remain under Republican control, akin to Waltz's former seat in Florida.

While Florida Governor Ron DeSantis promptly organized special elections for April, New York Governor Kathy Hochul remains silent.

Current state law stipulates that Hochul must call a special election within 10 days post-Stefanik's resignation, with the election occurring within 70 to 80 days thereafter.

However, the proposed rule change would purportedly synchronize the special election date with the June primary elections, allegedly aiming to conserve resources and time.

"Your claims that you're doing this to be cost-effective or to promote equity are laughable and will do nothing more than leave every New Yorker in the 21st District with no representation in the House for additional months," wrote the GOP lawmakers.

"Your scheme to alter the schedule for the special election is a serious abuse of power that resembles election practices in authoritarian regimes rather than the United States."

The lawmakers asserted that any delay would violate the Constitution's provisions regarding filling House vacancies and Supreme Court precedents.

"Any delay or postponement in establishing a special election to fill a vacancy in the House of Representatives is not just undemocratic, but it is unconstitutional as well," they expressed. "It would echo past unsuccessful attempts regarding New York's elections, such as the unconstitutional efforts to gerrymander New York's congressional districts."

The letter referenced a 2009 New York State Court of Appeals ruling asserting that special elections should be held in the "shortest space of time reasonably possible."

"The citizens of New York's 21st Congressional District are constitutionally entitled to representation in the House, and we hope these reports lack substantive basis. If they do, we urge you to abandon this absurd, shameful scheme to deny representation for over 750,000 New Yorkers and uphold current state election laws," the lawmakers concluded.

Fox News Digital has reached out to Hochul's office as well as the offices of New York State Assembly Speaker Carl Heastie and state Senate Majority Leader Andrea Stewart-Cousins.