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GOP Group Supporting Lhota Challenges Spending Limits

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Republican mayoral candidate Joe Lhota has initiated a lawsuit against New York election officials in federal court to allow individuals to contribute more than the current $150,000 annual maximum allowed to independent political groups
Republican mayoral candidate Joe Lhota has initiated a lawsuit against New York election officials in federal court to allow individuals to contribute more than the current $150,000 annual maximum allowed to independent political groups
A new Republican group supporting Joe Lhota’s mayoral candidacy sued New York election officials in federal court on Sept. 25 to allow individuals to contribute more than the current $150,000 annual maximum allowed to independent political groups.

If successful, the lawsuit would allow similar outside groups, known as “super PACs,” to pump hundreds of thousands of dollars into helping either Lhota or his Democratic rival, Bill de Blasio.  Lhota trails de Blasio by wide margins in polls in a city where Republicans are outnumbered by Democrats six to one.

The new GOP group, New York Progress and Protection PAC, is separate from another pro-Lhota group that is backed by billionaire David Koch, according to Michael Carvin, a Washington lawyer representing the new group. The new group’s effort is being led by Shaun McCutcheon, a wealthy Republican donor from Alabama, and Craig Engle, a Washington lawyer with extensive ties to the Republican Party. The plaintiffs are basically arguing that, because of the Supreme Court’s Citizens United ruling, individuals should be allowed to give whatever they want to super PACs as an expression of free speech.

So far, Carvin said, such arguments have won in 100 percent of the cases where there has been a ruling, including in Hawaii, Vermont, and Wisconsin.

But at least one campaign finance lawyer cast doubts about whether the judge assigned to the case, Paul Crotty, of United States District Court, would grant an injunction. And not because of the arguments, per se, but because of the disruptive impact a flood of cash could have on the Nov. 5 election.

“It’s always hard to predict what a judge will do,” said Jerry H. Goldfeder, author of “Goldfeder’s Modern Election Law.” “But given the proximity of the election and the extraordinary impact an injunction would have, my pure guess is that he will deny the request.”

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