The legal answer to the question of whether Vice President Kamala Harris can get access to the funds that were raised by US President Joe Biden in their joint campaign maybe unambiguous but it is politically loaded.
Immediately after Biden withdrew from the race, it appeared as though Republicans were ready to oppose any changes to his campaign account, reported The Parami News.
However, Dara Lindenbaum, a Democratic appointee and commissioner on the Federal Election Commission (FEC), said that this was unequivocally incorrect because she had registered as an officer of the committee Biden-Harris campaign committee. “This is not an open question,” Lindenbaum stressed. “When Kamala Harris becomes a Democratic nominee for president she may use all of money from our account for her candidacy.”
Most likely any litigation about actions undertaken during the campaign would be handled by FEC which is a bipartisan board composed of six members.
Biden’s further statement made it look like he accepted its legal ownership. After his endorsement of Harris, he shared on social media X: “And if you’re with us donate to her campaign here” and linked out of those words Biden-Harris Act Blue donation page which read: “Donate to Elect Kamala Harris.”
In addition on Sunday afternoon, at 4:51 pm., “Biden For President” officially filed paperwork with FEC requesting that the name be changed to “Harris For President.” This information is recorded in statements maintained by commission records departments.
But Sean Cooksey my predecessor and current chair hinted at something else in a cryptic message posted on X earlier that day. He quoted part of federal election statute where it states; “If candidate does not become a general election candidate all contributions made for general election must be refunded or reimbursed back to contributors or redesignated or reattributed respectively.”
Cooksey also acknowledged during a short interview that there are still so many things unclear about this issue saying, “There are open questions.” He further noted that, “An unprecedented event is playing out before our eyes and it should not be surprising that this is a difficult legal issue to resolve.”
If she fails to secure the nomination, then the situation will become even more complex. The Biden-Harris campaign committee could still move any leftover money in their primary account to the Democratic National Committee or an outside group like a super political action committee.
However, we cannot say for certain what will happen with this cash from a general election account as it may have to go back to its original donors. Also there would be need for brand new campaign account by another nominee chosen.
