Tag Archives: FEC
“Can Harris Use Biden’s Campaign Money?”
But more than $90 million was held by Biden’s principal campaign committee — the official vehicle for the Biden-Harris reelection campaign. FEC filings suggest that those funds will now be used by the Harris campaign. Is that legal?
Most campaign finance experts think it is. The rationale here is straightforward. FEC regulations provide that “any campaign depository designated by the principal campaign committee of a political party’s candidate for President shall be the campaign depository for that political party’s candidate for the office of Vice President.” Therefore, Biden’s committee, which was also his principal campaign committee in 2020, has jointly listed Harris in its FEC filings ever since she first became his running mate. Once Biden withdrew from the race this year, the committee simply updated its FEC registration to replace Biden with Harris at the top of the ticket.
It is true that FEC regulations and federal statutory law do not address this exact situation . . . But the commission has never suggested that an incumbent vice president must at any point establish her own campaign committee, let alone provided specific guidance for when doing so might be necessary. All incumbent presidential and vice-presidential candidates in recent memory have run for reelection together as a single ticket, sharing one committee before and after formal renomination.
“Trump campaign wants FEC to block Harris from accessing Biden’s campaign money”
The Trump campaign has filed a complaint with the Federal Election Commission claiming that Vice President Kamala Harris’ campaign cannot take over President Joe Biden’s campaign’s money, calling it a violation of campaign finance contribution limit.
“Kamala Harris is seeking to perpetrate a $91.5 million dollar heist of Joe Biden’s leftover campaign cash — a brazen money grab that would constitute the single largest excessive contribution and biggest violation in the history of the Federal Election Campaign Act of 1971, as amended,” the complaint filed Tuesday and obtained by ABC News, claims. . . .
Other election experts ABC News has spoken with have refuted that argument, saying that has not been the FEC’s interpretation of federal election law.
“That might’ve been an issue if this were their first cycle as a ticket, but under FEC rules it’s been Harris’s campaign committee too since 2020 — she’s not being added now,” said Adav Noti, a former FEC attorney who now serves as executive director of watchdog group Campaign Legal Center.
“Can Harris — or any other Democrat — access Biden campaign money?”
The short answer seems to be that Vice President Harris — who is already poised to be the new Democratic nominee — has a strong claim to the funds, because she was and is on the filing statements as a candidate with Biden. . . . .
Some right-leaning campaign finance lawyers think it’s more complicated and don’t think it’s a slam dunk that Harris has access — despite the Biden campaign already changing its name to the Harris campaign.
Regardless, practically speaking, the question may be moot in the short term because of how long the Federal Election Commission takes to adjudicate complaints. Harris would almost certainly have access to the funds through the compressed campaign, and there’s little to nothing the FEC can do about it because of the timeline.
In fact, as some have pointed out, there are still open complaints to the FEC from the 2016 campaign.
Note: Similar stories are in the WSJ, The Hill, Forbes, and other outlets.
“GOP eyes legal challenges as Harris assumes control of Biden’s war chest”
But as Biden tries to hand over the committee’s millions in remaining cash to Harris, Republican lawyers and operatives are saying “not so fast.” . . . .
Within hours of Biden announcing his decision, the committee tried to make the handoff to Harris official — submitting an amended filing to the FEC changing its name to “Harris for President.”
Several campaign finance lawyers aligned with Republicans argue that the campaign does not have legal authority to do that — and that the maneuver is all but certain to be challenged before the FEC or in a court of law. . . .
“Replacing a presidential candidate and handing over his committee to someone else is unprecedented under current campaign finance law,” Sean Cooksey, a Republican who is the FEC chairman, said Sunday. “It raises a host of open questions about whether it is legal, what limits apply and what contributors’ rights are.” . . .
Dara Lindenbaum, an FEC commissioner appointed by Biden, offered the opposite view: “The Biden for President Committee is the campaign committee for President Biden and Vice President Harris,” she said. “The funds stay with her so long as she remains on the ticket.”