Rangel rival to file new lawsuit over election

The contest for Harlem Rep. Charles Rangel's seat in Congress heated up Tuesday as his chief rival announced the filing of a new lawsuit that for the first time raised the possibility of overturning the election.

Rangel holds a narrow 802-vote lead over state Sen. Adriano Espaillat, with more than 2,000 paper ballots to be counted by the New York City Board of Elections beginning Thursday, but mistaken election night returns and allegations of voter suppression have raised questions about the tally.

The new lawsuit was filed in Bronx County one day after Espaillat's lawyers withdrew a suit in Manhattan over securing the uncounted ballots to launch a broader challenge.

"It adds the component where we present the legal option of having the election nullified," said Espaillat spokesman Ibrahim Khan.

But he said the new suit does not yet explicitly ask for that relief, and lawyers say it is rarely granted.

The race is the closest of Rangel's 21 terms in the House. Reapportionment this year added sections of the Bronx to his district, and Latinos now hold a majority. Espaillat, a Dominican, had also argued the district needs new blood to replace Rangel, 82.

Espaillat conceded to Rangel on election night when unofficial returns first came in, before learning that 79 precincts had not been counted. Since the margin narrowed, he has backtracked.

A hearing on the new lawsuit has been scheduled for Monday.