LACKAWANNA, N.Y. — For the second time, Mohammed Albanna's candidacy for Lackawanna City Council's First Ward Seat is being challenged using taxpayer dollars.

"You cannot be convicted of a crime and hold public office," said Lackawanna Mayor Geoffrey Szymanski. 

Back in 2006 Albanna was sentenced to five years in federal prison for illegally sending more than $3 million to his home country of Yemen.

According to the city charter, no one convicted of a crime involving moral turpitude can hold a city position. 

But what is a crime of moral turpitude?

"Even the judge could not interpret what that means. You can ask 100 people and get 100 different answers, but the fact is he was convicted of a crime and in our view he should not be allowed to be seated as an elected official," said Szymanski. 

But Albanna says his crime was victimless. He believes that distinction will keep him on the ballot.

"My felony was basically doing business without a license, and therefore it was not a moral turpitude crime," said Albanna. 

"If Mr. Albanna is actually guilty of a crime of moral turpitude, that would essentially mean that the community should be so upset by this that they'd never vote for him," said Peter Reese, Albanna's attorney. 

Syzmanski references history, saying in 1983 a mayoral candidate who was convicted for bribery was removed from the ballot.

As to whether the two crimes are comparable, Syzmanski said his responsibility is clear. 

"My role is to follow the charter, enforce the charter and whether it's moral turpitude or not, he was convicted of a crime. I'm challenging him that he is not allowed to be seated as an elected official in the city," said Albanna. 

A lawsuit filed by Szymanski in state supreme court was thrown out Monday due to paperwork that was not submitted on time.

He resubmitted the pages Friday.

For the second time, this case will be brought before a judge and paid for using taxpayer funds.

The mayor says if Albanna is allowed to run, and wins, there will be no problem working with him in city council.

And Albanna says he doesn't take the lawsuit personally.

"I'm gonna do the work of the people. I'll work with him when he's doing the work of the people as well," said Albanna.