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NY Democrats to Set Hearing to Determine Fate of Republican Lester Chang’s Bid to Represent NYS’s Assembly District 49

“Refusing to seat Assemblyman-elect Chang in the State Legislature would be a resounding slap in the face to Asian-American and other Brooklyn voters
Published: December 7, 2022
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Democrats are forging ahead in an attempt to block Lester Chang from taking his seat in the State Assembly next month arguing that Chang did not meet residency requirements to run for the district. (Image: Courtesy Lester Chang)

State Assembly Democrats are forging ahead in an attempt to block Lester Chang (R-Brooklyn) from taking his seat in January, alleging that Chang didn’t meet residency requirements when he surprised pundits with a decisive victory over long-time incumbent Peter J. Abbate Jr. in November.  

According to the New York State Board of Elections, Chang walked away with 50.29 percent of the vote, while his opponent garnered 45.61 percent. The NY Post is reports that Chang won his seat with 48.6 percent of the vote to Abbate’s 47.49 percent. 

The Assmebly’s Judiciary Committee is scheduled to hold a hearing on the residency requirements on Dec. 19 at 9:30 a.m. in Albany to discuss the controversy ahead of a potential vote by the full chamber in January, the Post reported. 

Michael Whyland, a spokesman for Assembly Speaker Carl Heastie (D-Bronx) said on Tuesday that “This will be a public hearing where Mr. Chang will have the opportunity to respond to questions and put forth any proof that he meets the constitutional requirements to serve in the legislature.”

Democrats are arguing that Chang voted in Manhattan last year and has failed to show evidence that he met the residency requirements to represent southern Brooklyn. 

In a letter to Chang officials stated, “As it has been reported in the media and through other sources received by this Committee, you have not been a resident of Kings County … for twelve months immediately preceding [your] election,” the NY Post reported. 

Chang says that he lives with his mother in Midwood, Brooklyn. 

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Thomas Abinanti, a Democrat and member of the Judiciary Committee told the NY Post that investigating Chang’s residency prior to the election “is the appropriate thing to do,” adding that “the state legislature has an obligation to review the qualifications of its members when a serious challenge has been made.”

In a press release, published on Dec. 5 by Chang’s spokesman, Bill O’Reilly, he said, “Refusing to seat Assemblyman-elect Chang in the State Legislature would be a resounding slap in the face to Asian-American and other Brooklyn voters who proudly supported him and his historic election win.”

Should the Assembly vote to deny Chang his seat, recently elected Democratic Gov. Kathy Hochul could call a special election to fill the seat. 

Some Asian-Americans in Brooklyn are saying that blocking Chang would amount to disenfranchising voters in the newly drawn Assembly District 49, which covers parts of Bay Ridge, Dyker Heights and Bensinhurst. 

Chang’s supporters held a protest on Tuesday outside incumbent Abbate’s district office. 

According to the NY Post, one demonstrator, Yiatin Chu, president of the advocacy group Asian Wave Alliance said, “There will be backlash from Asian voters, Chang supporters, if Chang is not seated.”