Some Republican-aligned lawyers claim she can’t touch the millions that had been raised for the president’s 2024 bid
Vice President Kamala Harris, who has been selected by President Joe Biden to replace him as the Democratic nominee, has no authority to control funds raised for his presidential campaign, according to the Washington Post (WaPo), citing Republican campaign finance lawyers. Any attempt to use these funds could lead to a lawsuit, the publication added.
After Biden announced his withdrawal from the 2024 presidential race on Sunday, he endorsed Harris, his running mate, as his replacement. His campaign committee quickly filed paperwork with the Federal Election Commission (FEC) to re-designate the campaign as “Harris for President.”
Democratic lawyers and campaign operatives have argued that naming Harris as the nominee was the easiest solution for the party, as her name is already on the paperwork, and the funds were raised for both Harris and Biden, implying she is allowed to use them. As of the end of June, the Biden campaign reported having $95 million in its coffers.
Another option allowed under campaign legislation would be to refund the money to donors. Any new presidential candidates would have to begin their fundraising from scratch, as there are just over three months remaining until the election.
According to GOP-aligned campaign finance lawyers, the Biden campaign does not have the legal authority to appoint Harris and give her control of the funds. They argue that this step “is all but certain” to be challenged before the FEC or in court, as cited by WaPo.
Prominent GOP campaign finance lawyer Charlie Spies told the publication that both Biden and Harris would have to have been officially nominated by the Democratic Party at its convention next month before any kind of funding transfer could occur.
Only in that situation, according to campaign finance law, would a vice-presidential nominee be allowed to take control of the campaign’s depository if the presidential nominee withdraws, he noted.
”Biden can’t transfer his money to Harris because it was raised under his own name, and there is no legal mechanism for it to have been raised jointly with Harris before they were their party’s nominees,” Spies said.
”A campaign cannot keep money for an election the candidate isn’t running in.” Craig Engle, a former lawyer for an FEC commission told CNN.
The six-member FEC panel that would rule on such matters has long been evenly split between Republicans and Democrats, WaPo notes. The partisan divide means the commissioners could deadlock on the issue, potentially leading to litigation in court.
According to Sean Cooksey, a Republican who holds the post of FEC chairman, the situation is unprecedented under current campaign finance law, and it “raises a host of open questions about whether it is legal, what limits apply and what contributors’ rights are.”