Ballot battle playing out in New York's 17th Congressional District

NEW CITY, N.Y. — A high-stakes battle over the November ballot is playing out in New York City's northern suburbs, and a judge's decision could help decide which party controls Congress next year.

It involves the Working Families Party line in the 17th Congressional District.

Working Families Party nominee accused of running "a shill campaign"

Candidates in New York often run on multiple party lines. Democrat Mondaire Jones competed in the Working Families Party primary in June, and shockingly, he lost. Now, his supporters are asking a judge to kick the winner – an unknown named Anthony Frascone – off the ballot.

Frascone is not campaigning and isn't attending the court hearings.

"They're running a shill campaign ... to influence the outcome by diluting the vote," said attorney Keith Corbett. "They're engaged in a subversion of taking away the rights of voters."

Corbett says Frascone, a former Republican, is running to siphon votes away from Jones, who is locked in a tight race with Republican Mike Lawler to represent the 17th Congressional District, which includes all of Rockland and Putnam counties and parts of Westchester and Dutchess.

This week, Emerson College released a poll showing Mike Lawler with 45%, Mondaire Jones with 44%, and Anthony Frascone with 3% – obviously enough to influence the outcome.

Lawyers for several counties say Frascone's primary victory was duly certified and it's too late to change the ballot since thousands have already been mailed.

"Many of those – I'm not sure of the exact percentage – have already been returned. Do we now scratch all those ballots and start over and tell those people their vote doesn't count?" said John Murtagh, a lawyer for Putnam County election commissioners.

"There's more than enough time to have this corrected," Corbett said.

Frascone has avoided all media inquiries and told CBS News New York late Wednesday he was not able to answer any questions at this time.

The plaintiffs are urging Judge Janet Malone to order printing of new ballots without Frascone on them. Her decision is expected this week and could influence who controls Congress. The race is rated a tossup.