ROCHESTER, N.Y. — The Democratic Elections Commissioner for Monroe County says his position's been clear: the county should hold a special election for New York's 25th Congressional District in November, at the same time as the general election for the seat.

"We've had conversations with the state Board of Elections and threw them to the governor's office," Commissioner Thomas Ferrarese said.

A new lawsuit argues Gov. Cuomo is unnecessarily delaying his obligation to call the election, thus denying constituents their right to vote for their representatives. The plaintiffs are asking the courts provide the election be held on June 26, the same time as the federal primary, or require Cuomo promptly issue a proclamation.

"It doesn't save any money from the perspective that it's a separate election, separate ballots, separate machines, separate tables where people go in and sign in. It will confuse a lot of voters about it," Ferrarese said.

The lawsuit points out the seven plaintiffs represent a variety of party affiliations, races, genders and creeds, but on Wednesday, Republican candidate Jim Maxwell's campaign also confirmed it was his supporters who filed it.

"Dr. Maxwell supports the idea of a special election, because the critical national issues facing Congress deserve a voice fighting for the people of Monroe County," spokesperson Natalie Baldassarre said.

Ferrarese doesn't think holding the special at the same time as the primary, or even calling it before, is a good idea, because it would require committees to designate a candidate before voters get a chance to decide on their own. In this case, there are Democrats in the primary.

"It's doing exactly the opposite from what the lawsuit suggests is important and that is they're taking away, or trying to take away the right of all the voters, all the voters to choose who the candidate might be," he said.