If expelled by his colleagues, embattled Queens Sen. Hiram
Monserrate will run in a special election to regain the seat he now holds, he
said in an exclusive interview with City Hall on Thursday.
A special committee charged with mulling Monserrate's fate recommended on Thursday that the full Senate vote on a resolution to oust him, which Senate officials believe will have broad support among Republicans and Democrats in the chamber.
In an interview in the basement of his East Elmhurst
district office later that afternoon, Monserrate made clear that lawmakers
hoping to put the episode behind them would have to contend with him in at
least one, if not two more elections, as well as a potentially drawn-out legal
battle.
“I fully expect to be running and to put my record of
accomplishment to the voters of this district and move forward,” Monserrate
said in the interview. “So I’m prepared to challenge, to debate intelligently,
based on the facts and not hysteria, my record and my role as a public servant with
anyone.”
Monserrate would not say if that included a
potential special election, which Gov. David Paterson would have the option to
call if the Senate votes to expel Monserrate. But a source close
to the embattled Queens lawmakers later confirmed that he would run in either a
special election or the general election in the fall, saying: “Whatever it is,
we’re running.”
If the Senate does remove Monserrate, the governor would have to issue a proclamation calling for a special election to fill the seat. The Queens Democratic Party will likely nominate Monserrate's declared opponent, Assembly Member Jose Peralta, meaning Monserrate would have to petition independently onto the ballot.
State election law does not mandate a time frame for a special election, but Senate
Democrats are likely to ask the governor to move quickly in order to fill
the seat and provide them with a crucial 32nd vote.
Senate Democrats had already begun moving to expel Monserrate even before the Special Committee of Inquiry released its report on Thursday, out of fear that as an incumbent in a Democratic primary he would be able to fend off a challenge from Peralta.
Sen. Brian Foley, of Suffolk, had already promised in
December to introduce a resolution calling for Monserrate’s removal regardless
of the committee’s findings.
Monserrate said that those actions proved
that the effort to remove him had more to do with the Senate’s poor public
image—resulting, in part, from a month-long coup Monserrate helped instigate
in June—than with the facts of his assault case.
“They have had editorial boards, good government groups
speak about them at length,” he said. “I think it would be very easy just to
try to pin all the ills and the shortcomings of the Legislature on one
individual. But I think all of us are savvy and intelligent to know that that’s
just not the case.”
Monserrate also promised to return to Albany next week for
the legislative session and argued that removing him from the Senate would be
an unlawful circumvention of the voters in his district, an argument
Monserrate’s lawyers plan to use in an expected court challenge.
“I will continue to serve as a state senator,” he said. “I
will continue to represent the interest of the voters of my district, and I
will defend and ensure to protect that none of the voters in our community are
ever disfranchised.”
There is some recent precedent for a situation of the sort Monserrate is proposing: in 2006, Roger Green won the election for the Brooklyn Assembly seat he had himself just been forced to vacate. He served another term before mounting a failed bid for Congress in 2008.















