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NY State Assembly · District 38

Queens: Ozone Park, Woodhaven, South Richmond Hill, and parts of Jamaica

General election · Tuesday, November 3, 2026

RESULT · UNOFFICIAL UNTIL CERTIFIED

David Orkin, projected winner

As of November 9. Winners take office next year. Counts can change until states certify. Wikipedia ↗NYC Board of Elections (unofficial election night results) ↗

Sources re-checked September 25, 2026 · How we research

  • No incumbent is on the November ballot: in the June 23, 2026 Democratic primary, David Orkin defeated incumbent Assembly Member Jenifer Rajkumar 58.8% to 40.9%, ending her bid for re-election. The Republican primary was canceled and Ruben Cruz II (R) advanced without appearing on the ballot.[1]

On the November 3 ballot · 2 candidates

Issue evidence — side by side

Recorded votes, documented positions and candidates’ own words are shown with sources. “In their own words” quotes a candidate on the topic without inferring a stance. Votes describe specific bills or motions; they do not establish overall support or opposition to a broad issue. A dash means our research has no evidence on that topic, not that the candidate has no position.

Expand immigration enforcement and deportations

  • David Orkin
    Opposes[4]

    Says he will fight to pass the New York for All Act, including provisions banning informal cooperation between local law enforcement and ICE.

  • Ruben Cruz II
    —

Stronger rent regulation and tenant protections

  • David Orkin
    Supports[4]

    Says he will strengthen Good Cause Eviction protections statewide and pass the Right to Counsel Act for tenants.

  • Ruben Cruz II
    —

Raise taxes on high earners or corporations

  • David Orkin
    Supports[4]

    Says he will work to expand taxes on the richest New Yorkers to fund public services.

  • Ruben Cruz II
    —

Expand public health coverage

  • David Orkin
    Supports[4]

    Says he will join the fight for the New York Health Act to create universal healthcare statewide.

  • Ruben Cruz II
    —

Faster transition away from fossil fuels

  • David Orkin
    Supports[4]

    Says he will restore the full Climate Leadership and Community Protection Act, implement the Build Public Renewables Act and pass the NY HEAT Act to end subsidies for fossil fuel expansion.

  • Ruben Cruz II
    —

Raise the minimum wage

  • David Orkin
    Supports[4]

    Says he will fight to raise the New York minimum wage to $30 by 2030.

  • Ruben Cruz II
    —

Universal, publicly funded child care

  • David Orkin
    Supports[4]

    Says he will champion the Universal Child Care Act to provide free, high-quality care for all New Yorkers.

  • Ruben Cruz II
    —

Research notes & limits

Neither candidate has held elected office, so there is no official voting or bill-sponsorship record for either. Orkin's positions are documented in depth from his campaign's detailed platform statements and Ballotpedia survey. Cruz completed Ballotpedia's Candidate Connection survey with extensive priorities in his own words, but did not take clear stances on this guide's fixed issue list, so no Position entries are included for him; his research depth is marked 'basic' accordingly. Biographies draw on candidates' own materials plus Ballotpedia and two news reports on Orkin; no news profile of Cruz II was found.

Sources · 17

Researched 2026-09-25. Green citations are official government records.

  1. 1.New York State Assembly District 38 · Ballotpedia · 2026-09-25 Reference
  2. 2.David Orkin - Ballotpedia Candidate Connection survey · Ballotpedia Candidate Connection survey · 2026 Candidate's own words
  3. 3.Ruben Cruz II - Ballotpedia Candidate Connection survey · Ballotpedia Candidate Connection survey · 2026 Candidate's own words
  4. 4.Our Platform · David Orkin campaign website Candidate's own words
  5. 5.David Orkin - Ballotpedia Candidate Connection survey · Ballotpedia Candidate Connection survey · 2026 Candidate's own words
  6. 6.David Orkin · Ballotpedia · 2026-09-25 Reference
  7. 7.Jewish anti-Zionist David Orkin defeats incumbent in NY Assembly primary · New York Jewish Week (JTA) · 2026-06-24 News report
  8. 8.David Orkin for Queens - About David · David Orkin for Queens Candidate's own words
  9. 9.David Orkin set to primary Rajkumar · Queens Chronicle News report
  10. 10.2026 New York State Assembly election · Wikipedia · 2026-11-09 Reference
  11. 11.New York State Assembly election results 2026 (unofficial election night results) · NYC Board of Elections · 2026-11-03 Official record
  12. 12.Ruben Cruz II - Ballotpedia Candidate Connection survey · Ballotpedia Candidate Connection survey · 2026 Candidate's own words
  13. 13.CruzNYC for Queens · Friends of Ruben Cruz Candidate's own words
  14. 14.New York State Assembly District 38 · Ballotpedia · 2026-09-25 Reference
  15. 15."Neighbors Before Politics:" Republican Ruben Cruz to Run for AD38 · Queens Ledger · 2026-08-19 News report
  16. 16.NY State Assembly · District 38 results 2026 · Wikipedia · 2026-11-09 Reference
  17. 17.NY State Assembly · District 38 results 2026 · NYC Board of Elections (unofficial election night results) Official record