Espaillat filed the original petition after multiple outlets declared Rangel the winner of the Democratic primary last week. At the time Rangel had a wide lead, but subsequent vote counts showed the margin shrink to 802 votes, and an estimated 2,000 absentee ballots have yet to be counted.

Rangel looked to raise funds off the ongoing court battle in an email to supporters on Monday.

“By now, I'm sure you've heard that my race is completely not over. It's been days since primary day, yet there are still votes to be counted,” Rangel wrote.

“To my surprise, my opponent's campaign pounced on me on Friday, saying that I had somehow stolen their votes! I'm completely baffled by the situation and the way my opponent has been reacting.”

Rangel is seeking his 22nd term in the House, but has struggled with health issues and ethics investigations. Rangel's Harlem district is strongly Democratic, and whichever candidate emerges from the primary is likely to win the seat in November.