FEC chairman doubts Harris’ access to Biden’s campaign funds

Sean Cooksey, the Trump-appointed chairman of the Federal Election Commission (FEC), suggested on Monday that Vice President Harris may not have access to the remaining millions of dollars from President Biden’s campaign that many campaign finance lawyers say are rightfully hers.

Biden on Sunday disrupted the 2024 presidential campaign when he dropped out and endorsed his vice president due to concerns about his age and mental health. The campaign had just under $96 million in cash as of June 30, according to its most recent report to the FEC, and filed paperwork to change its name from “Biden for President” to “Harris for President” within hours of the president’s decision.

Even before the campaign filed for its name change, Harris was listed as a candidate alongside Biden in FEC filings.

Campaign finance lawyers had previously told The Hill that Harris would be able to access the funds if she is elected as the presidential candidate. Democrats have begun to rally behind Harris, but Cooksey called the situation “complicated” and suggested it would be challenged in the agency and in court.

“I think it’s really complicated,” is the short answer, Cooksey told NPR’s “Morning Edition.” “He’s trying to hand over his entire committee, the money and all the assets to another person.”

“I think it has to go through a process, through the FEC,” Cooksey added. “I expect there will probably be challenges at the agency and probably in court.”

Democratic Commissioner Dara Lindenbaum, who chaired the commission last year, rejected the assumption that Harris would not have access to these funds.

“It is absolutely clear that Vice President Harris can continue to use the campaign committee and its resources,” Lindenbaum told The Hill.

Steve Roberts, former chief adviser to Republican presidential candidate Vivek Ramaswamy, was also skeptical of Cooksey’s comments.

“That interpretation is probably wishful thinking,” Roberts told The Hill.

“Since the 2024 candidacy declarations, the reasonable interpretation is that the Biden campaign committee is a joint committee of Harris and Biden, perhaps uniquely because they are incumbents. Otherwise, Trump and Pence would not have had a joint committee in 2020, but would have established separate committees and had their own contribution limits,” he explained.

Cooksey was appointed to the FEC in 2020 by then-President Trump, who accepted the Republican presidential nomination in Milwaukee last week.

While Cooksey told NPR it was “perfectly reasonable” to closely examine the political motivations of members of the six-member commission – which can have no more than three members from each political party at any given time – he defended his approach.

“I always try to approach these issues based on what the law requires and what the best strategy is, not based on what gives people a particular partisan advantage in the short term,” Cooksey said.

Cooksey has sided with Democratic candidates and committees on controversial statements that have angered many campaign finance reform advocates, including recent decisions allowing candidates to raise unlimited funds for state-level ballot bills, lifting restrictions on certain bulk texting campaigns and making it easier for candidates and super PACs — which can raise unlimited amounts of money — to get in line during door-to-door canvassing.

Roberts said that while the transition could be fraught with difficulties, the short period of time between the Democratic National Convention next month and the general election in November will also present challenges.

“The Trump campaign should and likely will challenge this use of funds, but the FEC will not be able to stop it because there is extremely little time between now and when the Harris campaign begins disbursing campaign contributions after the convention,” Roberts said.

Cooksey told NPR the situation was “truly unprecedented” and suggested private parties could file complaints or request expert opinions, but he acknowledged those processes are incredibly slow and that there are only 106 days until the general election.

If Harris is not the nominee or cannot receive the funds, they may be transferred to the Democratic National Committee or to a super PAC that supports the candidate.