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 tapped by US President Joe Biden to run in his place, has no authority to control funds raised by his election campaign, the Washington Post (WaPo) has reported, citing finance lawyers for the Republican Party (GOP). An attempt to use the money could result in a lawsuit, the publication added.
After announcing his withdrawal from the US presidential election race on Sunday, Biden endorsed Harris, his running mate, to replace him on the ballot. His campaign committee quickly filed paperwork with the Federal Election Commission (FEC) for the campaign to be re-designated as “Harris for President.”
According to WaPo, Democratic lawyers and operatives have argued that installing Harris as the nominee was the easiest solution for the party, as her name is already on the paperwork, and the money was raised for Harris, alongside Biden, meaning that she is allowed to use it. As of the end of June, the Biden campaign reported having $95 million in its coffers.
Another option under the campaign legislation would be to refund the money to donors. Any new presidential candidates would have to launch their fundraising campaigns from scratch, as just over three months are left 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. The step “is all but certain” to be challenged before the FEC or in court, they argue, 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 handoff could occur.
Only in that situation, campaign finance law allows a vice-presidential nominee 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.”
