New York State Assemblywoman Jenifer Rajkumar lost her bid for a fourth term on Tuesday night, defeated in the Democratic primary for the 38th Assembly District by challenger David Orkin. Orkin, an immigrant workers’ rights attorney backed by the New York City chapter of the Democratic Socialists of America, secured a commanding victory in the outer-borough race.
With more than 94% of the expected vote counted, Orkin received 58.8% of the vote to Rajkumar’s 40.9%. The district covers a diverse cross-section of South and Central Queens, including Glendale, Ozone Park, Richmond Hill, Ridgewood, Woodhaven, and parts of South Ozone Park and South Richmond Hill.
Orkin centered his grassroots campaign on working-class issues, advocating for affordable rent, healthcare, childcare, and the abolition of the federal Immigration and Customs Enforcement agency. As a staff attorney at the advocacy organization Make the Road New York and an experienced union organizer, Orkin’s message resonated deeply with voters seeking progressive change.
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The defeat marks a sudden shift for Rajkumar, a civil rights lawyer and graduate of Stanford Law School and the University of Pennsylvania. In 2020, Rajkumar made history as the first Indian American woman elected to New York State office by unseating a two-term incumbent. She subsequently ran unopposed in the Democratic primaries in both 2022 and 2024.
Before her time in the legislature, Rajkumar served as the state’s Director of Immigration Affairs, where she led a first-in-the-nation $31 million project to provide legal services for immigrants. During her tenure in Albany, her legislative achievements included passing a comprehensive domestic workers protection package, establishing the state’s first Asian American and Pacific Islander Commission, and authoring the high-profile SMOKEOUT Act to target illegal smoke shops.
However, her political vulnerability grew visible during a June 2025 primary bid for New York City Public Advocate, where she lost to incumbent Jumaane Williams after capturing just 18.7% of the vote.
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The primary race grew exceptionally contentious months before voters headed to the polls. In April, Orkin filed a lawsuit in Queens Supreme Court alleging that Rajkumar’s campaign had forged petition signatures to secure ballot access, seeking her removal. Rajkumar’s campaign strongly denied the allegations, labeling the lawsuit as meritless political mudslinging.
A Board of Elections review later found that Rajkumar had submitted 2,558 signatures, retaining 1,494 valid lines after 1,064 were invalidated on standard election-law grounds—well above the 500-signature threshold. The review noted that 1,168 specific forgery objections were left unaddressed due to a lack of jurisdiction. A Queens judge ultimately dismissed the case on procedural grounds because Orkin’s attorneys failed to file their witness list and subpoenas in accordance with state rules, leaving the fraud claims unruled upon.
With no significant opposition remaining for the general election, Orkin is positioned to assume office in January.