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The question of whether Vice President Kamala Harris can easily acquire the funds raised by US President Joe Biden for their joint campaign may have a clear legal answer but could be fraught with political implications.
Shortly after Biden’s announcement to withdraw from the race, Republicans seemed prepared to challenge any alterations to the campaign account.The Republican National Committee is considering potential lawsuits related to the transfer and utilisation of Biden’s campaign funds, as reported by The New York Times.
However, Dara Lindenbaum, a Democratic appointee and commissioner on the Federal Election Commission (FEC), said unequivocally that the money belongs to Harris, as she was listed on the Biden-Harris campaign committee’s registration statement. “In my view, this is not an open question,” Lindenbaum emphasised, adding, “If Kamala Harris is the Democratic presidential nominee, she gets to use all the money in the account.”
The FEC, a bipartisan board with six members, would likely handle any legal challenges to the campaign’s actions.
Biden himself seemed to confirm the legal ownership of the funds. Following his endorsement of Harris, he shared a post on the social platform X, saying, “And if you’re with us, donate to her campaign here,” linking to the Biden-Harris campaign’s ActBlue donation page, which read: “Donate to Elect Kamala Harris.”
Furthermore, on Sunday afternoon, the “Biden for President” campaign committee officially submitted paperwork to the FEC to change its name to “Harris for President.” According to the commission’s records, the paperwork was filed at 4.51 pm.
However, Sean Cooksey, the current FEC chair, hinted at potential uncertainty in a cryptic message on X earlier that day. He posted a section of the federal election statute, which reads, “If the candidate is not a candidate in the general election, all contributions made for the general election shall be either returned or refunded to the contributors or redesignated, or reattributed, as appropriate.”
In a brief interview, Cooksey, a Republican appointee, acknowledged that there were “open questions” about the next steps, saying, “This is an unprecedented event, and it should be not surprising this is not an easy legal question to resolve.”
If Harris does not secure the nomination, the situation will undoubtedly become more intricate. The Biden-Harris campaign committee would have the option to transfer any remaining funds from the primary account to the Democratic National Committee or even to a super political action committee.
However, the fate of the money in the campaign’s general election account is less certain, as it might need to be returned to the original donors. Furthermore, a newly selected nominee would be required to establish a new campaign account from scratch.
Shortly after Biden’s announcement to withdraw from the race, Republicans seemed prepared to challenge any alterations to the campaign account.The Republican National Committee is considering potential lawsuits related to the transfer and utilisation of Biden’s campaign funds, as reported by The New York Times.
However, Dara Lindenbaum, a Democratic appointee and commissioner on the Federal Election Commission (FEC), said unequivocally that the money belongs to Harris, as she was listed on the Biden-Harris campaign committee’s registration statement. “In my view, this is not an open question,” Lindenbaum emphasised, adding, “If Kamala Harris is the Democratic presidential nominee, she gets to use all the money in the account.”
The FEC, a bipartisan board with six members, would likely handle any legal challenges to the campaign’s actions.
Biden himself seemed to confirm the legal ownership of the funds. Following his endorsement of Harris, he shared a post on the social platform X, saying, “And if you’re with us, donate to her campaign here,” linking to the Biden-Harris campaign’s ActBlue donation page, which read: “Donate to Elect Kamala Harris.”
Furthermore, on Sunday afternoon, the “Biden for President” campaign committee officially submitted paperwork to the FEC to change its name to “Harris for President.” According to the commission’s records, the paperwork was filed at 4.51 pm.
However, Sean Cooksey, the current FEC chair, hinted at potential uncertainty in a cryptic message on X earlier that day. He posted a section of the federal election statute, which reads, “If the candidate is not a candidate in the general election, all contributions made for the general election shall be either returned or refunded to the contributors or redesignated, or reattributed, as appropriate.”
In a brief interview, Cooksey, a Republican appointee, acknowledged that there were “open questions” about the next steps, saying, “This is an unprecedented event, and it should be not surprising this is not an easy legal question to resolve.”
If Harris does not secure the nomination, the situation will undoubtedly become more intricate. The Biden-Harris campaign committee would have the option to transfer any remaining funds from the primary account to the Democratic National Committee or even to a super political action committee.
However, the fate of the money in the campaign’s general election account is less certain, as it might need to be returned to the original donors. Furthermore, a newly selected nominee would be required to establish a new campaign account from scratch.
