The recent announcement of President Joe Biden’s withdrawal from the 2024 presidential race has sparked a heated debate over campaign finance rules. At the center of this controversy is Vice President Kamala Harris, who is now running for the presidency herself.
The key question: Can Harris legally inherit the substantial war chest amassed by the Biden campaign?
Conservative group Citizens United doesn’t think so. Along with Republican Party officials from 16 states and the Virgin Islands, they’ve filed a complaint with the Federal Election Commission (FEC). Their goal? To prevent what they view as an “egregious violation” of federal election law.
The numbers at stake are significant. We’re talking about more than $90 million in campaign funds raised before Biden bowed out. Citizens United argues that Harris has no right to this money, citing federal election law and past FEC advisory opinions.
Their argument hinges on a technicality. Neither Biden nor Harris are currently their party’s official nominee for president. The law states that campaign contributions for vice presidential candidates are considered contributions for the presidential candidate of the same party. But here’s the catch – this only applies once they’re officially nominated.
FEC Chairman Sean Cooksey, a Republican appointee, seems to agree that there’s a problem. He pointed out that if a candidate drops out of the general election, the money should be refunded or officially redesignated. Cooksey told NPR, “I think it’s really complicated, is the short answer.”
11 C.F.R. ยง 110.1(b)(3):
"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."
— Sean Cooksey (@SeanJCooksey) July 21, 2024
On the flip side, Ellen Weintraub, a Democratic FEC member, sees it differently. She argues that since Harris has been part of the Biden fundraising committee all along, she has a right to the funds.
“The bottom line is it’s the same committee,” Weintraub stated. “She’s always been part of that committee; she never had a separate contribution limit apart from this committee that her name’s already on.”
Citizens United isn’t pulling any punches. They’re calling for an immediate investigation into what they term “brazen violations” and “unlawful conversion” of campaign funds. It’s clear they see this as more than just a minor technicality.
But here’s where things get frustrating for those seeking a quick resolution. The FEC is notoriously slow-moving. As NPR reported, “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 other words, by the time any decision is made, the 2024 election could be long over. It’s like trying to close the barn door after the horse has not only bolted but won the Kentucky Derby.
Weintraub herself seems to acknowledge this reality, stating, “The odds of all this happening and getting resolved before November are, practically speaking, not very good.”
This situation raises broader questions about campaign finance rules and their enforcement. If the system moves so slowly that potential violations can’t be addressed in time to matter, what’s the point?
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For now, it seems likely that Harris will be able to use these funds, regardless of the legal arguments against it.
