Posted on 07/22/2024 4:27:16 PM PDT by Libloather
The “unprecedented” nature of President Biden handing Vice President Kamala Harris the keys to his campaign war chest may prove “complicated” and spark legal challenges, the head of the Federal Election Commission warned Monday.
“I think it’s really complicated, is the short answer,” Federal Election Commission Chairman Sean Cooksey – an appointee of former President Donald Trump – told NPR when asked about the vice president’s ability to access the Biden campaign’s substantial assets.
“I mean, we take a step back to consider the situation – this is really unprecedented in terms of modern political history, and certainly in terms of campaign finance law,” he added. “We have a presidential nominee or a presumptive nominee dropping out just weeks before his party convention.”
**SNIP**
Cooksey, one of six commissioners at the FEC, suggested that surrendering that money to Harris is not as simple and straightforward as some have suggested.
“What [Biden’s] attempting to do is to give his entire committee, the cash and all the assets, over to another person,” Cooksey explained.
“I think it’s gonna have to go through a process, through the FEC,” he added. “I expect, there’s probably going to be challenges to that at the agency, and probably in the courts as well.”
Cooksey acknowledged that some campaign finance lawyers have reached the conclusion that Harris has a legitimate claim to the Biden campaign funds, but he noted that other experts haven’t.
“I think other election law experts have actually reached the opposite conclusion,” he said.
“And so I think everyone would agree, though, that this is completely unprecedented, and it raises a lot of novel questions,” Cooksey argued.
(Excerpt) Read more at nypost.com ...
The Democrats have long since proven that the law does not apply to them
What makes you think laws apply to Democrats anyway?
FEC Chairman on Laura Ingram tonight.
FEC can only act after the fact. Harris will spend money ASAP.
Only if republicans can find the right judge to put an injunction can it be stopped.
She has already grabbed Joe’s stash.
“If Kamala didn’t run then, yeah, the new contender shouldn’t get the funds but the VP on the ticket shouldn’t be a problem?”
FEC chairman say law requires return to donors but they are ignoring the law.
Nope.
I doubt she ends up with the nomination.
quotes:
Biden and Harris already share funds in a campaign committee under campaign finance laws that allow the president and vice president to run together as one ticket, said Saurav Ghosh, the Campaign Legal Center’s director of federal campaign finance reform. If she were to remain on the ticket as the presidential nominee, “the new ticket would maintain access to all the funds in the campaign committee,” Ghosh added.
Biden could transfer all his funds to the Democratic National Committee. As much as $32.3 million of that could be spent in coordination with the nominee, and the DNC could also unilaterally spend the rest of the money to support the new nominee
https://www.vox.com/joe-biden/361991/361991biden-campaign-funds-after-drops-out
Note: I’m not a lawyer and campaign finance law is outside my expertise.
And now for something really confusing:
Title 11 Federal Elections Part / Section
Chapter I Federal Election Commission 1 – 9099
Subchapter A General 100 – 116
Part 100 Scope and Definitions (52 U.S.C. 30101) 100.1 – 100.155
Part 101 Candidate Status and Designations (52 U.S.C. 30102(e)) 101.1 – 101.3
§ 101.1 Candidate designations (52 U.S.C. 30102(e)(1), (g)).
§ 101.2 Candidate as agent of authorized committee (52 U.S.C. 30102(e)(2)).
§ 101.3 Funds received or expended prior to becoming a candidate (52 U.S.C. 30102(e)(2)).
Part 102 Registration, Organization, and Recordkeeping by Political Committees (52 U.S.C. 30103) 102.1 – 102.17
Part 103 Campaign Depositories (52 U.S.C. 30102(h)) 103.1 – 103.4
Part 104 Reports by Political Committees and Other Persons (52 U.S.C. 30104) 104.1 – 104.22
Part 105 Document Filing (52 U.S.C. 30102(g)) 105.1 – 105.5
§ 105.1 Place of filing (52 U.S.C. 30102(g), 30104(g)).
§§ 105.2-105.5 [Reserved]
Part 106 Allocations of Candidate and Committee Activities 106.1 – 106.8
Part 107 Presidential Nominating Convention, Registration and Reports 107.1 – 107.2
§ 107.1 Registration and reports by political parties.
§ 107.2 Registration and reports by host committees and municipal funds.
Part 108 Filing Copies of Reports and Statements with State Officers (52 U.S.C. 30113) 108.1 – 108.8
Part 109 Coordinated and Independent Expenditures (52 U.S.C. 30101(17), 30116(a) and (d), and Pub. L. 107-155 Sec. 214(C)) 109.1 – 109.37
Part 110 Contribution and Expenditure Limitations and Prohibitions 110.1 – 110.20
Part 111 Compliance Procedure (52 U.S.C. 30109, 30107(a)) 111.1 – 111.55
Part 112 Advisory Opinions (52 U.S.C. 30108) 112.1 – 112.6
Part 113 Permitted and Prohibited Uses of Campaign Accounts 113.1 – 113.5
Part 114 Corporate and Labor Organization Activity 114.1 – 114.15
Part 115 Federal Contractors 115.1 – 115.6
Part 116 Debts Owed by Candidates and Political Committees 116.1 – 116.10
https://www.ecfr.gov/current/title-11/chapter-I/subchapter-A
The Dems don’t give a crap about the laws they will do what they want KNOWING nothing can be accomplished lawfully before the election!! Since when have the Dems cared about the stinking laws???
Note: I don’t understand the context of this. I’m just showing text. There are specialist lawyers that might understand the use of it.
§ 113.2 Permissible non-campaign use of funds (52 U.S.C. 30114).
In addition to defraying expenses in connection with a campaign for federal office, funds in a campaign account or an account described in 11 CFR 113.3:
(a) May be used to defray any ordinary and necessary expenses incurred in connection with the recipient’s duties as a holder of Federal office, if applicable, including:
(1) The costs of travel by the recipient Federal officeholder and an accompanying spouse to participate in a function directly connected to bona fide official responsibilities, such as a fact-finding meeting or an event at which the officeholder’s services are provided through a speech or appearance in an official capacity; and
(2) The costs of winding down the office of a former Federal officeholder for a period of 6 months after he or she leaves office; or
(b) May be contributed to any organization described in section 170(c) of Title 26, of the United States Code; or
(c) May be transferred without limitation to any national, State, or local committee of any political party; or
(d) May be donated to State and local candidates subject to the provisions of State law; or
(e) May be used for any other lawful purpose, unless such use is personal use under 11 CFR 113.1(g).
(f) Nothing in this section modifies or supersedes other Federal statutory restrictions or relevant State laws that may apply to the use of campaign or donated funds by candidates or Federal officeholders.
https://www.ecfr.gov/current/title-11/chapter-I/subchapter-A/part-113
p
Doesn’t the issue of contribution limits come into play.
If the funds can be shared, is it possible that some of the $81 just donated to Harlot Harris would then exceed those limits? What a bunch of muddy accounting, more like laundering.
EC
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.