(Updated 10:30 a.m.) After asking federal regulators to hurry up and make a decision about whether it can use federal funds to pay for a mailer on behalf of Democratic Gov. Dannel P. Malloy, the Democratic Party withdrew its request late Wednesday night.

The Democratic Party had already sent at least three mailers with federal funds before getting the opinion it requested.

On Wednesday evening, the Democratic Party withdrew its request to the Federal Election Commission for an opinion after first telling them they didn’t need an expedited opinion.

“The Connecticut Democratic State Central Committee is required to be in Court in Connecticut tomorrow morning at 10 a.m. to defend a lawsuit by the Connecticut Republican Party concerning this matter, it is not possible for key representatives of the CDSCC to be present and participate in both the FEC and Connecticut Court tomorrow, and the CDSCC therefore withdraws its pending request for an advisory opinion at this time,” Neil Reiff, the attorney representing the Democratic Party, told the FEC.

The Democratic Party did not respond to requests for comment Wednesday evening about the decision to slow down the opinion.

Sen. Republican leader John McKinney said he’s frustrated with the Democratic Party.

“I think their withdrawal an admission they’re wrong on the issue,” McKinney said. “They understand they’re violating state law as our own election enforcement commission said in their comments to the FEC, it’s further reason why they should stop using federal account to support governor Malloy’s reelection.”

Last week, the Republican Party filed a lawsuit against the Democratic Party and Malloy’s campaign in an effort to get them to stop sending the mailers, which also include information about rides to the polls on Nov. 4.

Both sides will be in court Thursday morning for more arguments in the case.

The Democratic Party filed a motion to dismiss the lawsuit Wednesday. And the Republican Party filed its objection to that motion.

On Monday, a judge refused to make the State Elections Enforcement Commission a party to the case and denied a request for a temporary injunction.

Thursday’s arguments are expected to begin at 10 a.m.