Democrats Freak Out Over Stefanik Poll, File Complaint With Elections Board

New York Democrats are in panic mode over an internal poll showing Rep. Elise Stefanik (R-NY) gaining ground on Governor Kathy Hochul in a hypothetical gubernatorial matchup and are now filing complaints in an attempt to discredit the results.

On Wednesday, state Democratic Party Chair Jay Jacobs announced that his party had filed a complaint with the New York State Board of Elections alleging Stefanik’s team violated the state’s Fair Campaign Code. Jacobs claims the poll, which showed Hochul leading Stefanik by just 5 points, and far closer than the 25-point margin in a Siena College survey, should have been made public within 48 hours.

“Elise Stefanik is still refusing to release the details of her baked internal poll — what is she so desperate to cover up?” Jacobs complained in a press release. “If Stefanik has nothing to hide, she would gladly release the full poll instead of evading state campaign finance rules.”

Democrats went further, accusing Stefanik of improperly using federal campaign funds for a potential state race and failing to report payments for the survey. Their argument hinges on whether Stefanik should already be considered a gubernatorial candidate, even though she has not announced a run.

Stefanik, widely viewed as the frontrunner for the Republican nomination if she decides to enter the race, has repeatedly said she won’t make a final decision until after November.

During a Fox News appearance in September, she urged viewers to “donate to SaveNewYork.com,” telling host Maria Bartiromo, “We are — yes, donate to SaveNewYork.com. We are building the groundwork today to support local candidates this year.” Democrats seized on the phrase “we are” to argue that Stefanik was signaling a candidacy.

Her attorney, Joseph T. Burns, dismissed the complaint as baseless.

“She’s not a candidate for governor or any other state office,” Burns said, adding that federal election rules govern her current position. “Elise is a federal officeholder and federal law, with regard to contributions and expenditures by federal officials, preempts state law. The polling conducted isn’t subject to any state filing requirements.”

The Board of Elections itself has said that polls conducted for “testing the waters” are not bound by state filing requirements if the individual hasn’t declared their candidacy. While the board reserves the right to consider someone a candidate based on their actions, those decisions are made “case by case.”

Stefanik’s team, meanwhile, blasted Democrats for overreacting. Alex deGrasse, a senior advisor to Stefanik, called the complaint “laughable” and emphasized that Stefanik has been clear she won’t announce her intentions until after the midterm elections.

“Congresswoman Stefanik is a federally filed candidate for Congress in New York’s 21st Congressional District and until she chooses to file for state office, if she chooses to do so, her campaign operations are bound by FEC guidelines,” deGrasse said.

He also dismissed the Democrats’ spin on her Fox News comments.

“Congresswoman Stefanik was very specific with her words when she said 'we are,' referencing Republicans and specifically did not say 'I am,'” he explained. “She correctly pointed directly to her state PAC which is supporting Republicans candidates broadly in New York state.”

DeGrasse added that Stefanik’s polling across the state has been critical for Republicans flipping multiple House seats.

Republicans say that Democrats seem more focused on attacking the poll itself than confronting the reality that Hochul’s numbers may be slipping.

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Democrats Freak Out Over Stefanik Poll, File Complaint With Elections Board