Labate files complaint against Lally e-mail

Anthony Oreilly

Congressional candidate Stephen Labate has filed a complaint with the federal election commission, alleging that his Republican and Conservative primary opponent Grant Lally issued a false endorsement from Nassau County Executive Ed Mangano. 

Labate, in a May 29 letter to the commission, says that a May 28 e-mail from Lally’s campaign falsely claims that Mangano endorsed Lally for the Republican nomination for the 3rd congressional district race, which is current held by  Rep. Steve Israel (D-Huntington). 

“On May 28, 2014 the Lally for Congress campaign sent out a fundraising e-mail to solicit funds based on a fraudulent misrepresentation that the Lally campaign had received an endorsement of a powerful elected official, County Executive Ed Mangano,” Labate’s complaint states. “The fact that Lally for Congress would fabricate an endorsement from a high ranking, influential elected official, and use that to fraudulently solicit funds from the public appears to be a blatant violation of 11 CFR 110.16.” 

The section of the Federal Election Commission’s charter referred to by Labate states that no candidate may “fraudulently misrepresent the person as speaking, writing, or otherwise acting for or on behalf of any candidate or political party or employee or agent thereof for the purpose of soliciting contributions or donations.”

Lally said Labate’s complaint “is a misrepresentation of campaign law.”

“RF 110.16 prohibits a person from fraudulently impersonating a candidate or representative of a candidate for the purpose of soliciting contributions,” Lally said. “It has nothing to do with campaign statements regarding support or endorsement by others.”

The May 28 e-mail states that Mangano endorsed Lally for the Republican and Conservative party nomination in the June 24 primary elections. 

“More than ever before, America needs principled, conservative patriots serving in our government – especially in Washington,” Mangano said according to the e-mail. 

A spokesman for Mangano told Newsday last Wednesday that the county executive did not endorse Lally and that he did not plan to release an endorsement for Lally or Labate.

A spokesman from Mangano’s office declined to give any additional comments. 

Lally and Labate will compete in the Republican and Conservative primary elections on June 24 for the opportunity to challenge Israel for the 3rd congressional district, which spans from Whitestone to Smithtown. 

Lally, a resident of Huntington who practices law out of his Mineola office, previously ran for the third congressional district in 1994 and 1996, losing both times to then Congressman Gary Ackerman.

Labate, a veteran of the U.S. army, worked as a retirement counselor with Prudential Retirement. He unsuccessfully challenged Israel in the 2010 midterm election.

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