Goldman declares victory in race for NY-10, Niou just over 1,000 votes behind

Candidates Dan Goldman and Yuh-Line Niou were neck-and-neck late Tuesday night. Goldman declared victory, but with just over 1,000 votes between them, Niou has not yet conceded.
Courtesy of campaigns

Though the packed race for the 10th Congressional District seemed too close to call Tuesday night, Dan Goldman, lead attorney in the first impeachment of former President Donald Trump, declared victory over Chinatown Assemblymember Yuh-Line Niou shortly after 10:30 p.m. — with just over 1,000 votes separating the two candidates.

Just 1,131 votes separated Goldman and Niou as of 10:30 p.m., with Goldman taking nearly 25.7 percent of the vote to Niou’s 23.9, with 96 percent of scanners reporting. As of 11 p.m. that gap climbed slightly to 1,306 — Goldman with 16,686 votes and Niou with 15,380 and nearly 98 percent of scanners reporting.

They were followed by U.S. Rep. Mondiare Jones (D-Rockland, Westchester Counties) with 18 percent of the vote, City Councilmember Carlina Rivera (D-Manhattan) with 17 percent, State Assemblymember Jo Anne Simon (D-Brooklyn) with 6 percent and former Rep. Elizabeth Holtzman with 4 percent.

At his election night watch party in SoHo, Goldman took to the stage at around 10:30 p.m. to declare victory.

“This has been an inspiring and humbling experience as a first time candidate, and to stand in front of you today as your Democratic nominee for Congress,” he said. “While we will appreciate and respect the Democratic process and make sure that all the votes are counted, it is quite clear from the way that the results have come in that we have won Because of you and everyone in this room who has worked so hard together to get us here, working toward a shared, pragmatic and progressive vision for this city and this country.”

Niou has not conceded as of publication, and, with absentee ballots on the line, sources say she does not plan to.

“We will not concede until we count every vote,” she confirmed from her campaign headquarters, where she was joined by friends, family and colleagues — among them, Councilmember Shahana Hanif and Cynthia Nixon.

The final results of the race could depend on the return of outstanding absentee ballots from the 21,502 requested in CD10, only 7,849 of which had been returned and were deemed valid as of Tuesday afternoon. Only the absentee ballots received by the city Board of Elections (BOE) through last Friday were counted towards Tuesday’s unofficial vote totals, according to the BOE. Absentee ballots had to be postmarked and mailed by Tuesday and must be received by the BOE  before Aug. 30 in order to be counted.

A Goldman spokesperson maintained that, when all the votes are counted, his lead will remain.

“When the ballots are finally fully counted, the result will the the same and Dan Goldman will be the Democratic nominee for Congress,” said Simone Kanter. “We feel confident in the results of the election, that Dan is going to be the Democratic nominee.”

The Associated Press also called the race for Goldman overnight.

Candidate Dan Goldman declared victory in the crowded race for NY-10 Tuesday night.Photo by Ethan Stark-Miller

Thirteen names appeared on the ballot in the crowded race Tuesday – the 12 candidates running and former Mayor Bill de Blasio, who dropped out last month. Among the top candidates were Goldman, Niou, Rivera and Jones.

The newly drawn district includes Manhattan neighborhoods like Greenwich Village, the Lower East Side and the Financial District as well as swaths of Brooklyn like Brooklyn Heights, Park Slope and Sunset Park.

The closely-watched contest has become increasingly heated in its final weeks, with much of the field’s ire turned towards Goldman – who became a clear frontrunner after receiving the coveted New York Times Editorial Board endorsement just days before the election. Goldman, a former federal prosecutor and an heir to the Levi Strauss and Co. fortune, has been attacked by opponents primarily for his inherited wealth and investment portfolio.

In particular, Goldman — who flooded the race with millions of dollars of his own cash — came under fire for his investments that included right-wing Fox News’ parent company and defense contracts Lockheed Martin and Northrop Grumman. His campaign, however, has maintained those investments were made through a blind trust and other candidates in the field have similarly diversified portfolios.

Niou and Jones also piled on Goldman last week when he was “endorsed” by former President Donald Trump. But Goldman’s campaign has characterized the endorsement as a ploy to hurt his chances of winning the primary and hit back at both Niou and Jones for “taking the bait.”

Rivera has also been slammed for her own financial practices both on and off the campaign trail. In particular, Rivera’s congressional campaign has accepted roughly $24,150 from lobbyists with business before the city, while she’s a sitting council member, as first reported by City & State New York. Plus, Rivera has investments in some of the same companies as Goldman, including Lockheed Martin and Northrop Grumman, although her campaign said the investment is in her husband’s name and is only valued at $3,300.

Other broadsides among the top-tier candidates included jabs at Jones over his tenuous connection to the district – having just moved there from upstate in early June – and shots at Niou for her wavering stance on the anti-Israeli Boycott Divestment and Sanctions (BDS) movement.

Rivera conceded to a somber crowd on the Lower East Side at around 10 p.m. Tuesday night.

“You all have given me so, so much,” she told supporters. “Please know I am going to continue to serve with love, respect, always being compassionate. I will never forget where I came from and I will certainly bring all of you along where I am going. We ran a great campaign. Thank you.”

Councilmember Carlina Rivera conceded at around 10 p.m. on election night.Photo by Caroline Ourso

Back in SoHo, Goldman thanked his political allies, including Brooklyn Assemblymember Bobby Carroll, who he said was “the first to jump on board,” with his candidacy, state Senator Brad Hoylman, Assemblymembers Grace Lee, Eddie Gibbs, and Brian Cunningham.

“Tonight though is not a victory for myself or any one person, it is a victory for all of us. All of us who will not let authoritarian forces undermine the foundation of our democracy and the rule of law,” he said. “It is a victory for all of us who are determined to fight for our fundamental rights, to expand abortion access throughout the country, to fight for our planet and to protect our children and neighbors from the scourge of gun violence and hate crimes in our society.”

Voters went to the polls Tuesday for the second time this year to cast their ballots in races for Congress and state Senate across the city and state, following a week-long early voting period last week. Contests for Assembly and state-wide offices were held in late June. 

This year’s primaries were split by a Steuben County judge after the state’s top court nixed heavily gerrymandered Congressional and state Senate maps drawn by the Democrat-controlled state legislature following the decennial U.S. census. The new lines were drawn by a court-appointed independent expert – known as a special master. 

The reconfigured 10th District became an open seat after its current representative, Jerry Nadler (D-Manhattan Brooklyn), decided to vie for the new Congressional District 12, which includes his home base of the the Upper West Side – setting up a contentious primary between Nadler and his longtime colleague Carolyn Maloney (D-Manhattan, Brooklyn, Queens).

Nadler appears to have won the District 12 race by a landslide, garnering more than 55 percent of the vote with 91 percent of precincts reporting. That placed Maloney in second at 24 percent around 10 p.m. Tuesday night, and attorney Suraj Patel at number three with 19 percent.

Meanwhile, the Democratic and Republican primaries in the 11th Congressional District covering southern Brooklyn and Staten Island were no surprise: Democratic former Congressmember Max Rose will face incumbent Republican Congressmember Nicole Malliotakis in a rematch of their bitter 2020 election.

Additional reporting by Meaghan McGoldrick, Caroline Ourso and Robert Pozarycki