National Republicans fear they’ve got a problem on their hands in an upcoming New York City special congressional election, as the party is poised to nominate a figure who could thrust the contest into the heated debate over race and police tactics.

Daniel Donovan, a Staten Island prosecutor and veteran political figure, is locking up the support of local GOP power brokers who will decide who runs in the election. But on Capitol Hill, party strategists are nervously taking stock of Donovan, who oversaw the grand jury investigation that declined to indict the officers involved in the July chokehold death of Eric Garner, a 43-year-old black man.


Washington Republicans, who are more focused than their local counterparts on how the party is perceived nationally, worry that Donovan’s candidacy would create a national spectacle and turn the election into a referendum on his handling of the racially fraught case. The contest, which hasn’t been scheduled but is expected sometime this spring, will unfold at the doorstep of 2016 presidential campaign, just as the party is trying to improve its image as being unfriendly to minorities.

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“The reality is that while Dan Donovan is an extremely qualified, capable candidate who would win the seat, his candidacy would ultimately nationalize the race, which is what Republicans in the city, state and country do not need,” said David Catalfamo, a former top aide to former Republican Gov. George Pataki of New York. “I think we would have a complete and utter circus on our hands,” added Catalfamo, who is neutral in the race.

The circus may have started already. On Tuesday, Comedy Central’s “Daily Show” aired a skit about the special election poking fun at Donovan for failing to get an indictment against the officers, who were captured on video putting Garner in a chokehold.

Donovan, who has yet to formally announce his candidacy, is seen as the likely GOP front-runner for New York’s 11th District, a conservative area that encompasses all of Staten Island and a small slice of Brooklyn. His involvement in the Garner case may help him, some Republicans say, because the blue-collar district is filled with police officers. One law enforcement group, the Captains Endowment Association, recently said it would support him in the election.

But other Republicans believe the party would be better off selecting a less controversial candidate. One person mentioned is 34-year-old state Assemblywoman Nicole Malliotakis, who on Thursday will be on Capitol Hill to meet with top strategists with the National Republican Congressional Committee, according to three sources familiar with the get-together. Some New York Republicans were surprised that national party officials are meeting with Malliotakis, considering that Donovan appears close to clinching the party’s nomination.

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The concern is also playing out in telephone calls between top party strategists in Washington and New York. Among those taking part in the conversations, according to two sources, is NRCC Chairman Greg Walden of Oregon. He has pressed New York Republicans on Donovan’s assets as a candidate but also on his liabilities — namely his involvement in the Garner case.

Washington Republicans worry that Daniel Donovan’s candidacy would create a national spectacle. | AP Photo

John Rogers, the committee’s deputy political director, has been coordinating the organization’s efforts to better understand the potential complications Donovan would bring to the contest, according to one source familiar with the discussions.

“I will tell you the NRCC is not in love with the idea of Donovan as their candidate,” said a New York strategist who’s been in touch with the committee.

NRCC officials declined to comment specifically on their meeting with Malliotakis or on their discussions about Donovan, but they insist that the committee is not taking sides in the race. The fact-finding, they say, is routine work that political organizations do. As for the meeting with Malliotakis, NRCC officials say they’re always open to meeting with hopefuls. They‘re also talking with Donovan.

“Both Dan Donovan and Nicole Malliotakis would be excellent candidates for Congress,” said Ian Prior, a committee spokesman. “If either ends up being the nominee, we look forward to helping that candidate ensure that New York’s 11th District continues to be represented by a Republican.”

Neither Donovan nor Malliotakis responded to requests for comment.

Ultimately, national Republicans will have little say over who the party’s nominee will be. New York law does not stipulate primaries for special elections; instead, party leaders pick nominees. Since former GOP Rep. Michael Grimm announced his resignation last week after pleading guilty to tax evasion, Donovan has secured the backing of key local leaders like Staten Island Republican Party Chairman John Antoniello.

Democrats have yet to select a nominee. Their most mentioned possibilities are former Rep. Michael McMahon, whom Grimm defeated in 2010, and state Assemblyman Michael Cusick. It will be up to Gov. Andrew Cuomo, a Democrat, to set a date for the special election. Once he does, the local parties will pick their candidates.

Washington Republicans have learned the hard way that locals don’t always like it when they try to influence special elections. During a 2009 contest in upstate New York, tea party activists revolted against the national party for trying to foist an establishment candidate on them.

Regardless of his connection to Garner, Republicans nationally and locally are convinced that Donovan, 58, would enter the general election as the strong favorite. In November, then-GOP Rep. Michael Grimm was reelected to the Republican-friendly district in a landslide, even as a 20-count federal indictment hung over him.

Some, however, aren’t yet sold on Donovan.

“I think it’s going to be harder to focus on issues because it will be more of a tabloid race,” said Patrick McCarthy, a former New York Republican Party executive director who is neutral in the contest. “It’s going to put more pressure on rank-and-file members and leadership in Washington, D.C.”

CORRECTION: The original version of this story misstated the geographical boundaries of New York’s 11th District. It includes all of the borough of Staten Island.

CORRECTION: Corrected by: Daniella Diaz @ 01/08/2015 12:10 PM CORRECTION: The original version of this story misstated the geographical boundaries of New York’s 11th District. It includes all of the borough of Staten Island.