Susan Watts/New York Daily News
For his defiance of the law, the McDonald campaign could be fined $57,050 by the city Campaign Finance Board. If he wins his suit, he will likely face no penalty, however. If he loses and returns the excess donations, he can dramatically reduce his financial penalty.
George McDonald's strategy to become mayor is built on breaking the law ? the city?s campaign finance law.
McDonald, an advocate for the homeless, has taken 10 campaign contributions greater than the city?s $4,950 legal limit ? including one for $40,000. And his campaign has obtained a $120,000 loan in violation of city election law, too.
It?s all intentional, part of an unprecedented attack on the city?s tough election law ? one that could allow more money to pour into local races if it is successful.
McDonald says that the city?s limits on contributions are unconstitutional, and he?s filed a lawsuit asking a judge to invalidate the law.
?No one has knocked it down in 23 years,? said Hofstra Law School dean Eric Lane, who helped to write the law 23 years ago.
But there are fans of McDonald?s legal challenge.
Ironically, one of them is a rival for the Republican nomination for mayor. Sources close to Joe Lhota say his campaign hopes McDonald can invalidate the contribution limits. Such a victory would make it easier for Lhota to raise cash, too.
By flouting the law, the McDonald campaign could be fined $57,050 by the city Campaign Finance Board, a board official said.
But that penalty would be reduced to $4,463 if McDonald lost the court case and returned the excess contributions. McDonald would likely face no penalty if he won his legal challenge.
It?s a risk McDonald is willing to take.
Spokesman David Catalfamo said the city?s strict donation limit makes it impossible to go up against wealthy candidates who can spend as much of their own money as they want.
?George . . . wants to be the next mayor, and in order to do that, he needs the resources to compete,? Catalfamo said.
?The current system favors candidates who can self-finance, like Mike Bloomberg or (Gristedes owner) John Catsimatidis or career politicians who spent years building donor rolls.?
McDonald argues the city contribution limit is unconstitutional because state election law allows a donor to give up to $41,100 to a candidate in a general election.
The city?s contribution limit was instituted as part of a landmark program that gives $6 in city funds to every $1 donated by city residents to qualifying candidates, up to a maximum ?match? of $1,050 per donor.
The $4,950 donation limit was instituted in 1988 for candidates participating in the city?s matching funds program. In 2004, it was expanded to cover all donations.
Campaign Finance Board spokesman Matthew Sollars said the contribution limit ?reduces the influence of deep-pocketed special interests and keeps corporate money out of our elections.?
?Combined with the public matching funds . . . these limits ensure that candidates listen to the voices of all New Yorkers.?
jlemire@nydailynews.com
Source: http://feeds.nydailynews.com/~r/nydnrss/news/politics/~3/nSg66RyoAIQ/story01.htm
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