A legal battle is brewing regarding whether Vice President Kamala Harris can use the $96 million Biden campaign war chest to advance her Presidential run.
There are stringent rules surrounding campaign finance in the United States, and with the spotlight on the top ranks of the Presidential ticket, Republicans are going to make sure no ambiguity remains regarding the massive war chest held by the now-defunct Biden Presidential Campaign.
Legal Question on Campaign Funds
The legal question regarding whether Vice President Kamala Harris has a right to access the millions left in the Biden campaign coffers may not be resolved easily or soon.
FEC Chairman’s Stance
The Federal Election Commission (FEC) chairman Sean Cooksey has suggested that Presidential hopeful Harris may not legally be eligible to access the millions remaining from the Biden campaign now that Biden has stated his intention to drop out of the race.
Counterarguments from Campaign Finance Lawyers
Other campaign finance lawyers argue that Harris has a rightful claim to the war chest. The legal nature of the funds in question is a debate that will not likely be resolved outside of the courtroom.
Harris’s Fundraising Efforts
Without time to waste, Harris set about raising her own money, $81 million in the first 24 hours of her candidacy, as the New York Times reported.
Biden’s Campaign Funds
When Biden announced Sunday that he would not run for reelection, his campaign had $96 million in cash as of the latest June 30 FEC report.
Campaign Name Change
Within hours of the announcement, the Biden campaign formally changed its name to “Harris for President” and filed the change with the FEC.
Harris Listed on Original Paperwork
Another factor in Harris’s favor is that her name was listed on the original paperwork as a candidate alongside Biden in the FEC campaign filings.
Legal Opinions on Fund Inheritance
While campaign lawyers have told the media recently that if Harris becomes the eventual candidate, she will inherit the war chest, FEC Chair Cooksey said that legally, the situation is “complicated.”
FEC Chair Cooksey’s Comments
“I think it’s complicated, is the short answer. What he’s attempting to do is give his entire committee, the cash, and all the assets, over to another person,” Cooksey said in an NPR interview.
Resolution Through FEC Channels
Determining the rightful owner of the campaign funds must be resolved through FEC channels and potentially through the courts as challenges arise at every level. Challenges will undoubtedly occur at each level of adjudication, with the stakes being so high for both parties in the Presidential race.
Democratic FEC Commissioner Dara Lindenbaum’s Statement
Despite Cooksey’s claim that the legality is unclear, Democratic FEC Commissioner Dara Lindenbaum stated the opposite: “It’s quite clear that Vice President Harris can continue using the campaign committee and its funds.”
Support from Steve Roberts
Former General Counsel to Republican candidate Vivek Ramaswamy, Steve Roberts sided with Lindenbaum on the case’s legal merits, stating that Cooksey’s skepticism is “likely wishful thinking.”
Interpretation of Shared Committee
Roberts said, “Since the declarations of candidacy for 2024, the reasonable interpretation is that the Biden campaign committee is a shared one between Harris/Biden, and perhaps uniquely so because they are incumbents. Otherwise, in 2020, Trump-Pence wouldn’t have had a shared committee but would have set up separate committees and had their contribution limits.”
Transfer of Funds if Harris is Ineligible
Ultimately, even if Harris does not become the Presidential nominee at the Democratic National Convention in early August or if she is legally ineligible to receive the $96 million, the cash will be transferred to the DNC or a super PAC, which will then be able to distribute the funds to the chosen nominee, who will likely be Harris.
