NYS State Sen. Adriano Espaillat has broadened his court challenge to his apparent New York primary loss to U.S. Rep. Charles Rangel by including the possibility of a new election.

Lawyers for Espaillat re-filed papers Tuesday in State Supreme Court in the Bronx. A judge on Monday had allowed them to withdraw an initial petition so that their arguments could be adjusted and refiled.

In the papers Espaillat pushes for a recount in last week’s election and adds the possibility of a new election if it is found that fraud and irregularity made a fair recount impossible in the 13th Congressional District.

Rangel’s campaign manager said he hadn’t seen the papers and couldn’t comment.

The city Board of Elections is expected to start counting absentee and affidavit ballots on Thursday.

(Source: ABC News)