Andy King will not appeal removal from ballot, lawyer says

12330787843_307440d438_c
Following Wednesday’s appellate court ruling, ex-councilmember Andy King will not forgo another appeal leaving him off the ballot in this year’s City Council election.
Photo NYC Council William Alatriste

Following a tumultuous legal battle, former City Councilmember Andy King is officially out of the running to reclaim his Council District 12 seat.

King’s election attorney Ali Najmi confirmed in a statement to the Bronx Times Friday that King would not seek to appeal an appellate court’s decision, earlier this week, to remove him from the ballot in the race for the northeast Bronx seat.

“Our client has decided not to seek leave from the Court of Appeals,” Najmi said.

King had not responded to multiple Bronx Times requests for comment.

The New York City Board of Elections (BOE) had initially removed King’s name from the ballot last month on account that he had reached his term limit to serve. Councilmembers are held to a limit of two consecutive terms.

King has already been elected to two terms, winning the seat first in a 2012 special election, and again for full four-year terms in 2013 and 2017. At the time, the BOE estimated that King would not be eligible to run until 2025.

The issue went to the New York State Supreme Court on May 4, where it was decided that King would be allowed to run. Judge Lucy Billings asserted that King was in fact eligible due to a 2020 expulsion that prevented him from completing his second term in office.The politico was expelled from the City Council in a 48-2 vote while he was facing four charges including harassment, discrimination and conflicts of interest. The “nays” included himself and former District 18 Councilmember Rev. Ruben Diaz Sr.

The BOE appealed Billings’ decision after the state Supreme Court’s ruling on May 4, and on Wednesday, the appellate court reversed course, again removing King from the ballot.

Controversy has followed King throughout his career, first arising in 2012, when a former staffer accused King of firing her after she refused his alleged sexual advances. In another instance, he allegedly “engaged in gender based harassment,” in an incident involving a photo accidentally posted to his Twitter account by a staffer in 2015, sparking an investigation from the council’s Ethics Committee in 2017. He is also accused of misusing campaign funds for his personal use.

Following the appellate court’s decision, King will once again remain ineligible to run for his old seat until 2025. That leaves a three-person race for District 12 between incumbent Kevin Riley, Pamela Hamilton-Johnson and political newcomer Aisha Ahmed. Riley first won the seat in a 2020 special election to replace King following his expulsion.

– Robbie Sequeira contributed to this report


For more coverage, follow us on Twitter, Facebook and Instagram @bronxtimes