FEC chair predicts legal challenges if Kamala Harris tries to access Biden’s war chest: ‘It's really complicated’

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FEC chair predicts legal challenges if Kamala Harris tries to access Biden’s war chest: ‘It's really complicated’
US News2024 Presidential ElectionCampaign Finance
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“I think it’s really complicated, is the short answer,” Federal Election Commission Chairman Sean Cooksey – an appointee of former President Donald Trump –“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.

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. “And so I think everyone would agree, though, that this is completely unprecedented, and it raises a lot of novel questions,” Cooksey argued.

“There’s a process in which private parties can file complaints with the Federal Election Commission. There’s also a process in which they prospectively ask for advisory opinions. One of the problems with those processes is they can take a lot of time, and we don’t have a lot of time until the election, I think we’re at 106 days out. And so I think there’s going to be a lot of challenges in the courts as well,” Cooksey said.

If Harris does not wind up with the Democratic nomination for president or if she’s deemed ineligible to receive the funds, the money could be transferred to the DNC or a super PAC aligned with the eventual nominee.

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