NEW YORK (WENY) -- Governor Cuomo is facing a lawsuit over the cancellation of the Special Election for Queens Borough President amid the COVID-19 pandemic.

Candidate Dao Yin filed the suit Friday, alleging the Executive Order in which Cuomo cancelled the election is illegal and invalid.

According to a release, another candidate for the seat, Jim Quinn, has also filed suit challenging the governor's order.

“The non-partisan Special Election is mandated by the New York City Charter, and Cuomo’s attempt to cancel it means that only registered Democrats would be able to vote in an upcoming primary for Queens Borough President,” Aaron Foldenauer, Yin’s attorney, said.  “This would disenfranchise hundreds of thousands of Queens voters and virtually ensure that a candidate supported by Cuomo’s political machine would prevail.”

Yin remains on the ballot for the Democratic primary for Queens Borough President. Unlike the Special Election, however, the primary will not result in an elected officials to filly the vacancy until January 2021.

“Over 5,400 voters have already cast their ballots in the Special Election, and my campaign has gathered hundreds of additional absentee ballots,” Yin said.  “It’s often said that every vote counts, but if Cuomo’s late-night executive order were allowed to stand, those votes literally will not be counted.”