BROOKLYN (CN) - About 750,000 New Yorkers lack representation in Congress after last month's resignation of U.S. Rep. Michael Grimm, a federal class action alleges.
Grimm tendered his resignation to Speaker of the House John Boeher last month after pleading guilty to a federal tax-evasion charge.
About 750,000 people live in the 11th Congressional District that Grimm previously represented, encompassing Staten Island and the southern tip of Brooklyn.
Rosie Rossito-Canty and others filed suit Thursday against Gov. Andrew Cuomo, claiming that his failure to issue the proclamation of election that, under state law, would have triggered a special election within 80 days.
"Cuomo failed to exercise his constitutional duty" and left New Yorkers without representation, the complaint alleges.
The governor's refusal is a "violation of the right of suffrage," they say.
They want the governor to issue the proclamation in order for there to be a special election.
Also named as plaintiffs are Rosie Rossito-Canty, Diana Sepulveda, Frank Morano, Matthew Mari, Erik Pistek, Lawrence Gilder, David Pascarella and Michael Reilly.
They are represented by Ronald Castorina.
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