A candidate disappeared months ago after an ocean swim. Can he still win?

As the months passed, local Democrats attempted to field a replacement to run for the seat in the Nassau County Legislature.

But two Republican voters took them to court and won: a state judge recently ordered Krommidas’ name to remain on the November ballot, ruling that he's still considered missing and not officially deceased.

Now, as Election Day approaches, voters in Long Beach and other South Shore communities have a curious choice: reelect the Republican incumbent or the Democrat who seemingly vanished at sea.

Democrats want to elect the missing candidate

James Hodge is among those calling on residents to cast their ballots for Krommidas regardless — hoping to trigger a special election in which Democrats can put forward another candidate to run against County Legislator Patrick Mullaney.

The Long Beach resident worked with Krommidas at the Nassau County Board of Elections and had been tapped by Democrats to run in his place.

“We need to stand by and honor his name and memory,” Hodge told The Associated Press. “Let’s give him that victory. It’s the right thing to do.”

The Republican voters argued in their lawsuit that Democrats couldn’t claim Krommidas was dead because authorities still considered him a missing person. Under law, someone needs to be missing for at least three years to be legally declared dead, they argued.

Judge Gary Knobel agreed, writing in his Sept. 29 ruling that “‘missing person’ status does not qualify as a vacancy that can be filled.”

Dead candidates have won elections before

The justice, in his ruling, noted a similar situation decades earlier in Alaska.

U.S. Rep. Nicholas Begich Sr. disappeared in a plane crash weeks before the 1972 vote but still won reelection. The Alaska Democrat was eventually declared dead, and his Republican opponent claimed the seat in a special election.

More recently, Dennis Hof, owner of the Nevada brothel featured on HBO’s “Cathouse” documentary series, died weeks before the 2018 election but still captured a seat in the state Legislature. In 2022, Pennsylvania state Rep. Anthony DeLuca won reelection after dying from lymphoma the month prior.

Hodge and other Democrats argue that Republicans only sued to assure themselves victory as they seek to bolster their majority in the county legislature. They say the lawsuit has only prolonged the anguish for Krommidas’ family.

“I understand politics, but there’s a time to stop and be a human being,” said Ellen Lederer-DeFrancesco, who met Krommidas through the local Democratic Party. “Petros is someone’s son, brother, friend."

Nassau County Republican Committee Chairman Joseph Cairo Jr., in a statement, vowed the party and its candidates will “show the highest level of sensitivity during these challenging times for the Krommidas family.”

Krommidas’ family declined to comment when reached by phone, but his mother and sister each took to Facebook recently to share a post calling for residents to “honor and vote” for him.

“My Peter cared deeply about people and his community and continues to inspire kindness and unity in our community,” his mother, Maria, wrote in her post.

Eleni-Lemonia Krommidas, his sister, described him in her own post as a first-generation American who loved his country and “believed in equality, education, and the power of unity.”

Voters weigh in on the beach where he vanished

In the days after his disappearance, family and friends joined first responders in scouring Long Beach's broad, more than 3-mile-long (4.8-kilometer-long) swath of sand, which is located just east of the New York City borough of Queens.

Some of the missing persons fliers they put up with images of Krommidas' youthful, smiling face are tattered and faded but still visible on telephone poles around Long Beach.

Meanwhile campaign signs for Mullaney, his opponent, are prominently displayed on fences along the main thoroughfares and on tidy residential lawns. The Republican didn’t respond to emails seeking comment.

Along the Long Beach boardwalk last week, longtime resident Maude Carione was dumbstruck at the choice facing voters in November.

“It’s insane to leave his name on the ballot. You’ll confuse people,” said the 72-year-old, who supports Republican President Donald Trump but didn’t have plans to vote in the upcoming election, which features mostly local races. “In fairness, you have to give another candidate a chance for the Democrats. You have to.”

For resident Regina Pecorella, the decision, while grim, was clear.

“If it’s between those two, I’m voting for the person that’s alive,” said the 54-year old independent, who voted for a straight Republican ticket in the previous election. “I don’t know how else to answer that.”

Follow Philip Marcelo at https://x.com/philmarcelo