NEW YORK (CBSNewYork) — Gov. Andrew Cuomo has set a May 5 date for a congressional special election to replace Michael Grimm, the Staten Island congressman who resigned last month after pleading guilty to tax evasion.

Cuomo’s announcement comes days after U.S. District Judge Jack B. Weinstein in Brooklyn said he would set an election date if the governor did not do so himself by noon Friday.

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Grimm pleaded guilty to tax evasion in December. An indictment charged him with, as owner of a Manhattan restaurant, underreporting more than $1 million in wages and receipts to evade payroll, income and sales taxes, partly by paying immigrant workers, some of them in the country illegally, in cash. He is scheduled to be sentenced in June.

Staten Island District Attorney Daniel Donovan is the Republican candidate, having won the GOP support in January.

Democrats have not chosen a candidate.

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Gov. Cuomo said he waited because having a special election costs so much money.

“The Board of Elections has to reopen, they at least conduct a couple of special elections at the same time,” the governor said.

Cuomo said the state needs dramatic ethics reform that acutally addresses the problem, WCBS 880’s Ginny Kosola reported.

“How can you say the government’s working better and then every couple weeks I read about another guy getting jammed up and in trouble and stupid,” Cuomo said.

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The Brooklyn and Staten Island Democratic Party bosses are reportedly choosing between Brooklyn Councilman Vincent Gentile, Brooklyn Assemblyman William Colton, Staten Island union activist Robert Holst and First Vice Chairman of the Staten Island Democratic Party John Sollazzo.