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Frisa Takes Nomination in First Nationwide Victory Over GOP Incumbent

September 28, 1994

MINEOLA, N.Y. (AP) _ Rep. David Levy lost the Republican congressional primary by 54 votes to maverick candidate Dan Frisa in the country’s first upset of a GOP incumbent this year.

Soon after the official count was announced Wednesday, the first-term congressman asked the state Supreme Court to invalidate the election and order a new one, based on reports of voter irregularities.

County Elections Commissioner Richard Blum said Frisa captured 12,487 votes to Levy’s 12,433. Unofficial results from the Sept. 13 primary had showed Levy trailing Frisa by 276 votes.

Levy is the first Republican and fourth incumbent to lose in a primary this year.

Frisa, a former Republican assemblyman, ran independent of the GOP machine. He had been denied the nomination in 1992 and lost to Levy in that year’s primary.

Levy’s lawyer, Peter Bee, filed papers seeking a new primary for the 4th Congressional District, which covers parts of Nassau County on Long Island. A hearing was set for Monday.

Bee said Levy’s campaign had a ″sufficient number of reports″ from workers at polls to conclude that there is ″no reasonable certainty″ who won the election.

A GOP source, speaking on condition of anonymity, said there were reports of polls opening late, of people voting who were not eligible, and of eligible voters being turned away.

Frisa is expected to face Democrat Phillip Schiliro, an aide to Rep. Henry Waxman, D-Calif. Schiliro lost narrowly to Levy two years ago.

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