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Republican Demands RICO Probe Into Alleged Plans to Delay Election


A New York Republican has said he will be requesting a federal Racketeer Influenced and Corrupt Organizations Act (RICO) investigation into apparent attempts to delay the special election to replace Representative Elise Stefanik.

Representative Mike Lawler said he will ask the Department of Justice to look at claims that New York Democrats want to keep Stefanik’s seat open for possibly months when she leaves office to become the next U.N. ambassador, as expected.

Newsweek has contacted Lawler, the DOJ, New York Governor Kathy Hochul, and the New York State Democratic Party for comment via email.

Why It Matters

The GOP’s razor-thin 218-215 majority in the House will be reduced even further once Stefanik resigns. Florida is already holding two special elections on April 1 to replace Matt Gaetz, who resigned after being Trump’s first pick for attorney general, and Michael Waltz, who resigned on January 20 to become Trump’s national security adviser.

The GOP could struggle to pass any legislation through the House until the seats are filled, as any bill would need near-unanimous Republican votes, or some Democratic support.

Representative Mike Lawler (R-NY) speaks during a press conference at Columbia University on April 24, 2024 in New York City.

Michael M. Santiago/Getty Images

What to Know

Stefanik is expected to resign from her seat in New York’s 21st Congressional District in the coming days after being tapped by Trump to be U.N. ambassador. Stefanik is not expected to face any difficulty at her as-yet-unannounced Senate confirmation vote.

A special election to potentially replace Stefanik has not yet been set, but Governor Hochul must declare one within 10 days of Stefanik’s resignation. The election must take place between 70 and 80 days after that announcement.

Democratic state lawmakers are said to have held meetings on Friday to consider changing the state’s laws on scheduling special elections, Capitol Pressroom first reported.

If Stefanik resigns in the coming days, current state laws would mean a special election would occur in April or early May.

Democrats in both of New York’s houses of the legislature are considering asking Hochul to push the special election back to June 24 to coincide with the state’s primary election or even the general election in November, according to the New York Post.

Lawler said he is now looking to ask the DOJ to investigate the “corrupt” Democratic legislature while accusing it of trying to thwart Trump’s “America First mandate” by delaying filling the vacated seat for months.

Lawler told reporters at the Albany Hilton during the annual Conservative Party Political Action Conference on Monday that the special election plans are “designed entirely to silence the voice of the minority,” Politico reported.

House Speaker Mike Johnson also criticized the move, accusing Democrats of an “open display of political corruption.”

When asked about the proposed changes to special election scheduling to coincide with other races taking place, Hochul said such a move could increase voter turnout and reduce costs for smaller districts.

What People Are Saying

Representative Mike Lawler speaking to the New York Post:“I am going to be requesting that the Department of Justice open up a RICO investigation into New York State because this is as corrupt a state as we have seen. Governor Hochul and other top Democrats are willing accomplices in this delay scheme because they know the seat will be filled by another Republican. We will continue to hold these politicians accountable and challenge their corrupt plan so that hardworking families across Upstate New York and the North Country get the representation they deserve, and House Republicans can deliver on our America First mandate.”

House Speaker Mike Johnson in a statement to the New York Post: “Instead of working to address high costs, taxes, or fees, the illegal immigration crisis, crime, antisemitism on college campuses, or other priorities, New York Democrats are instead working feverishly to silence the voices and needs of more than 750,000 citizens in New York’s 21st Congressional District. In an open display of political corruption, they are aiming to change the election rules to add a long delay in filling the NY-21 seat.”

New York Governor Kathy Hochul discussing the special election plans at Monday’s press briefing: “”You’re talking about a lot of expenses for smaller counties…I don’t know the status of it right now, not aware that it’s been introduced. I’ll certainly look at it. But you can always count on one thing, that is Republicans will scream loudly if there’s ever an effort to bring voter access to more people. They just don’t like it.”

What Happens Next

The GOP will be reduced to 217 seats in the House once Stefanik resigns to become Trump’s U.N. ambassador.

The GOP is expected to win back two seats following the Florida special elections in April, as both districts are in Republican-friendly areas. Stefanik’s eventual replacement in the House is also likely to be a Republican candidate.



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