Editorials & Other Articles

Mme. Defarge

(8,395 posts) Mon Jul 22, 2024, 02:28 PM Jul 22

GOP eyes legal challenges as Harris assumes control of Biden's war chest

Within hours of Biden announcing his decision, the committee tried to make the handoff to Harris official — submitting an amended filing to the FEC changing its name to “Harris for President.”
Several campaign finance lawyers aligned with Republicans argue that the campaign does not have legal authority to do that — and that the maneuver is all but certain to be challenged before the FEC or in a court of law. 
Charlie Spies, a prominent GOP campaign finance lawyer, said 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 handoff could occur. In that situation, he noted, a provision in campaign finance law allows a vice-presidential nominee to take control of the campaign’s depository if the presidential nominee withdraws.
 “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,” said Spies, who advised the Republican National Committee before stepping down from that role earlier this year.

https://wapo.st/3Sh6OKI

Ugh! Somebody please talk me down. Regardless of which side prevails, there could be a long delay.

18 replies

= new reply since forum marked as read

Highlight:

GOP eyes legal challenges as Harris assumes control of Biden's war chest (Original Post) Mme. Defarge Jul 22 OP

Your fears are warranted, constitutional and legality Eliot Rosewater Jul 22 #1

I'm not sure the supreme court would have standing to get involved. lees1975 Jul 22 #13

If there is any way they can say there is standing, they will. This SC or 5 of them at least Eliot Rosewater Jul 22 #14

I think the GOP finance lawyers are full of shit. madaboutharry Jul 22 #2

Have they asked for the long form of her birth certificate? Freethinker65 Jul 22 #3

They will try to keep her off some state ballots. As long as we meet the deadline, they have JohnSJ Jul 22 #4

FWIW, Marc Elias has stated: madaboutharry Jul 22 #8

Good JohnSJ Jul 22 #12

But do the corrupt judges care about the law? Eliot Rosewater Jul 22 #15

Not sure if the case has merit; but, worst case, we the money can still be used unblock Jul 22 #5

If they take the money, illegally of course, anyway if they do, it will come in in droves... Eliot Rosewater Jul 22 #16

Well the real problem is the house unblock Jul 22 #17

Yep, it is a given they will do this. That is why they must be put on notice now that if they do Eliot Rosewater Jul 22 #18

Sounds plausible sorry? IANAL BootinUp Jul 22 #6

They should mind their own business C_U_L8R Jul 22 #7

trDUMP will file a lawsuit against this cash horde to be reimbursed for the Biden magicarpet Jul 22 #9

For Harris, it's fine, however, someone else gets the nomination that money is gone 4139 Jul 22 #10

Zero basis for legal challenge. onecaliberal Jul 22 #11

Eliot Rosewater

(31,989 posts)

1. Your fears are warranted, constitutional and legality

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:33 PM

Jul 22

No longer apply with a corrupt Supreme Court.

If they pull off this violation of the law this would be something that we would have to be prepared to respond to in ways that would shut the country down.

lees1975

(4,987 posts)

13. I'm not sure the supreme court would have standing to get involved.

Reply to Eliot Rosewater (Reply #1)

Mon Jul 22, 2024, 07:56 PM

Jul 22

Election laws are state laws. State courts would determine whether the lawsuits would even be valid. From what I've read and seen, it's not likely the court would even accept such a lawsuit since the Democrats have not chosen a nominee yet, and can pick anyone they want until the deadlines pass.

Biden and Harris campaign on the same ticket, out of the same campaign fund. Donations to him are also donations to her. Whatever is in the campaign account, plus any PAC she is free to use. To challenge something, there has to be a legal basis on which to file a charge. I've heard three attorneys, including Joyce Vance, say there's nothing to hang a charge on in either case.

Eliot Rosewater

(31,989 posts)

14. If there is any way they can say there is standing, they will. This SC or 5 of them at least

Reply to lees1975 (Reply #13)

Mon Jul 22, 2024, 08:39 PM

Jul 22

dont care at all about the actual laws or Constitution.

But if you are a legal person you can expand on this and answer this please, since election laws are state, is there NO WAY for it to be referred to the SC and what about corrupt judges at state level?

madaboutharry

(40,982 posts)

2. I think the GOP finance lawyers are full of shit.

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:34 PM

Jul 22

The donations were made to the Biden/Harris campaign. Donors gave the money to her as well as she was an equal part of the ticket.
If they proceed with filing lawsuits they should be dispensed with in short order. I am confident of that. I am not particularly afraid of the SC.

Freethinker65

(10,687 posts)

3. Have they asked for the long form of her birth certificate?

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:35 PM

Jul 22

The money raised wouldn't sit unused. Perhaps some donors might have "standing" to request their money back? Pretty sure the RNC didn't contribute a dime to the Biden campaign (like Trump did for Harris as prosecutor years ago), but it would be kinda fun if they did.

JohnSJ

(94,630 posts)

4. They will try to keep her off some state ballots. As long as we meet the deadline, they have

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:35 PM

Jul 22

no case, which is what a virtual convention is necessary ASAP

madaboutharry

(40,982 posts)

8. FWIW, Marc Elias has stated:

Reply to JohnSJ (Reply #4)

Mon Jul 22, 2024, 02:38 PM

Jul 22

"Kamala Harris will appear on the ballots in all 50 states." I take him at his word.

JohnSJ

(94,630 posts)

12. Good

Reply to madaboutharry (Reply #8)

Mon Jul 22, 2024, 05:21 PM

Jul 22

Eliot Rosewater

(31,989 posts)

15. But do the corrupt judges care about the law?

Reply to JohnSJ (Reply #4)

Mon Jul 22, 2024, 08:40 PM

Jul 22

unblock

(53,789 posts)

5. Not sure if the case has merit; but, worst case, we the money can still be used

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:35 PM

Jul 22

Maybe there will be some limitation such as the money can't be used to explicitly say vote for Harris, but the money could be used on issue ads or anti-trump ads.

Mostly it's a delay and distraction. Even if they win, the money will be put to good use helping Harris one way or another.

Eliot Rosewater

(31,989 posts)

16. If they take the money, illegally of course, anyway if they do, it will come in in droves...

Reply to unblock (Reply #5)

Mon Jul 22, 2024, 08:41 PM

Jul 22

I am not worried about the money...I am worried about corrupt judges inventing law to keep her off the ballots.

unblock

(53,789 posts)

17. Well the real problem is the house

Reply to Eliot Rosewater (Reply #16)

Mon Jul 22, 2024, 09:00 PM

Jul 22

They will invent chaos and fraud to justify refusing to count enough electoral votes properly then vote to install Dementia Donnie.

Eliot Rosewater

(31,989 posts)

18. Yep, it is a given they will do this. That is why they must be put on notice now that if they do

Reply to unblock (Reply #17)

Mon Jul 22, 2024, 09:02 PM

Jul 22

it will be considered a civil war. We will have no other choice.

BootinUp

(48,269 posts)

6. Sounds plausible sorry? IANAL

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:37 PM

Jul 22

C_U_L8R

(45,312 posts)

7. They should mind their own business

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:37 PM

Jul 22

considering the rampant corruption across so many GOP campaigns.

magicarpet

(15,719 posts)

9. trDUMP will file a lawsuit against this cash horde to be reimbursed for the Biden

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:42 PM

Jul 22

... scam to fraudulently deplete the Orange Menace's reserve funds for the 2024 election.

trDUMP's contention will be Biden never intended to seek a second term. But only to sqander trDUMP's funds - then bow-out & head for the hills.

4139

(1,976 posts)

10. For Harris, it's fine, however, someone else gets the nomination that money is gone

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 02:46 PM

Jul 22

onecaliberal

(34,932 posts)

11. Zero basis for legal challenge.

Reply to Mme. Defarge (Original post)

Mon Jul 22, 2024, 03:29 PM

Jul 22

Marc E. Elias @marceelias · Follow Before the media gets rolling, let me be clear: The Democratic nominee for president will be on all 50 state ballots. There is no basis for any legal challenge. Period. 11:21 AM · Jul 21, 2024 2.9K Reply

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