Congressman Sean Patrick Maloney running for N.Y. attorney general

ALBANY, N.Y. — Rep. Sean Patrick Maloney will run for state attorney general in the Democratic primary.

He's looking to fill a seat left vacant by Eric Schneiderman, who abruptly resigned last month after he was accused of abusing women he dated.

If Maloney loses, he will run for a fourth term as a congressman in the Hudson Valley.

Maloney, who was first elected in 2012, said he sees the race for the open attorney general seat as an opportunity he could not pass up — despite a crowded Democratic field of three women running for the party's nomination.

He officially announced his candidacy Wednesday.

"I’ve been working in Congress for six years every way I know how to help the people I represent, and this is an opportunity to do more and help more people," Maloney, D-Cold Spring, said in an interview with the USA TODAY NETWORK's Albany Bureau.

Running for two seats

Maloney, 51, and his campaign attorney, Martin Connor, said he can do both: He is already the party's nominee for Congress, so he can run for attorney general.

If he wins the attorney general primary, he would drop out of seeking re-election to Congress, leaving it to party leaders to pick his replacement on the November ballot.

The state Democratic primary is Sept. 13, and New York City Public Advocate Tish James won the vote of the party delegates at its convention last month.

Zephyr Teachout, who ran for governor against Gov. Andrew Cuomo in 2014, and Buffalo attorney Leecia Eve are also running in the primary.

"There are good candidates in this race, and I would be proud to support them if they are the nominee," said Maloney, who is the first openly gay House member from New York.

"And each brings something different to the race. I think in my case, I bring the most experience, the best qualifications. I think I bring true independence, and I bring the capacity to be that cop on the beat whether the crooks are in the White House, in Albany or a corporate suite."

Delaney Kempner, a spokesperson for James, highlighted her candidacy.

“As Attorney General, Tish James will be the strongest voice defending our constitutional rights against Donald Trump and protecting consumers from Wall Street abuses, while ensuring that our commitment to social justice and equality remains at the forefront of our state," Kempner said.

An open race

Maloney has a formidable campaign warchest: His congressional account had nearly $3.2 million in it as of March.

But it is unclear whether he can use his federal coffers on a state race. The state Board of Elections said it has a similar case it is reviewing and will release its findings soon.

Maloney's camp thinks he can use the federal campaign money on the attorney general's race.

That's not the only issue: There have been some legal questions about whether Maloney can run for a different office after he's already been nominated to run for re-election to Congress.

But Connor cited election law that says Maloney can do both — so long as he's not the party nominee for two seats.

"The election law clearly contemplates that someone who is nominated for an office can lay or receive a nomination for a different public office, and it allows the person to decline the first nomination," Connor said.

The campaign ahead

New York has two primary dates: for congressional seats on June 26 and for state seats on Sept. 13.

The Republican nominee for attorney general is Keith Wofford, a Manhattan attorney.

Orange County Legislator James O’Donnell, R-Goshen, is running against Maloney for Congress.

O'Donnell knocked Maloney's plans, saying he believes what Maloney is doing is illegal.

O'Donnell said it's no surprise that "hyper-partisan" Maloney would want to be attorney general.

"Over the last 12 years, the Office of Attorney General has been used by its occupants to engage in hyper-partisan political crusades that have solidified New York's reputation as the most corrupt state government in America," O'Donnell said in a statement.

If Maloney were to win the primary for attorney general, he would be leaving open a U.S. House seat as Democrats look to win back control of the chamber in November.

But Maloney said he is not concerned about Democrats losing the seat if he were to win the primary for attorney general.

The district has 22,000 more enrolled Democrats than Republicans.

"I have spoken to the Democratic leadership about this, and I can guarantee you that we will have a plan in place to keep this seat no matter what," Maloney said.

One potential Democratic candidate for Maloney's House seat is Assemblyman James Skoufis, an Orange County Democrat who is running for state Senate.

Skoufis, though, said last week that he's only focused on running for the Senate.

"I’m very much committed to running for state Senate," he said.

WPXI