Suffolk County Legis. Robert Trotta (R-Fort Salonga).

Suffolk County Legis. Robert Trotta (R-Fort Salonga). Credit: James Carbone

Republican William Mountzouros’ primary bid against Legis. Robert Trotta (R-Fort Salonga) has ended after a judge ordered Mountzouros’ name removed from the ballot in the Suffolk County Legislature's 13th District, court documents show.

In a decision on April 25, acting state Supreme Court Justice Richard Horowitz sided with Trotta, who filed a lawsuit against Mountzouros and the Suffolk County Board of Elections.

Trotta alleged Mountzouros's nominating petitions were invalid and contained "fraudulent" signatures.

Robert Cornicelli, Mountzouros’ campaign coordinator, said the candidate would not appeal the decision. "We made mistakes on the petition because we thought having a spouse sign for another spouse was OK," Cornicelli said. Cornicelli said some spouses did not want to come to the door during the COVID-19 pandemic and asked their partners to sign for them, which is not allowed under state elections law.

Trotta’s legal team submitted affidavits from four people listed on Mountzouros’ petitions who said they signed for their spouses. Another man said in an affidavit that his name was on the petition, although he did not sign it.

Trotta dismissed the argument that Mountzouros and Cornicelli did not know people couldn't sign for someone else. "He's well aware of the rules," Trotta said of Cornicelli.

County legislature candidates needed 150 valid signatures from registered party voters to get on primary ballots this year, according to the county Board of Elections.

Trotta, an outspoken critic of county unions and other government officials, was the only county legislator facing a primary for reelection this year. Trotta, 59, was backed by the Smithtown Republican Committee, town chairman Bill Ellis said.

Mountzouros, 57, of St James, is a member of the Grand Old Party of Smithtown, a maverick group of Smithtown Republicans. He runs a video production company, Creative Productions, and serves on the board of Cornicelli’s nonprofit, Veteran Recovery Coalition, which provides holiday meals to homeless veterans, Cornicelli said.

The Suffolk Police Benevolent Association, a politically powerful police union, supported Mountzouros in the GOP primary, according to the union's Twitter feed.

Trotta will face off in November against Democrat Kevin Mulholland and Conservative Party candidate Michael Simonelli, a Suffolk County police officer from St James, according to the county elections board. Simonelli is a member of the county Conservative Party's executive board.

Mountzouros waived a hearing on the merits of Trotta's suit and objected solely to how the lawsuit papers were served to defendants, Horowitz said in an April 26 order.

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