In a scenario that could dramatically reshape the 2024 presidential race, Vice President Kamala Harris stands to gain first access to President Joe Biden’s substantial campaign war chest should he decide to withdraw from the re-election bid. This potential development was a key point of discussion during a tense call between Biden’s campaign aides and major donors on Sunday.
The possibility arises amidst growing speculation following Biden’s faltering performance in last week’s debate.
Although Biden has shown no intention of stepping aside, his campaign manager, Julie Chavez Rodriguez, clarified during the call that Harris would control the majority of the campaign’s $91.2 million, assuming she becomes the Democratic presidential nominee.
“This has this unique twist to it with Harris still being a part of the campaign and being considered part of the campaign from the get-go,” commented Kenneth Gross, a senior political law counsel at Akin Gump and former associate general counsel for the Federal Election Commission.
Harris’ presence on the Federal Election Commission filings for Biden’s campaign suggests she could access these funds if she continues the campaign. According to campaign finance laws, a campaign committee designated by a presidential candidate can be utilized by the party’s vice-presidential candidate.
“Both candidates are on the account,” Gross explained. “And I would think that she would be able to use the money if she is running for president. She would be the only one that could do that.”
The Campaign Legal Center’s team echoed this sentiment, emphasizing Harris’s eligibility to access these funds only if she ascends to the top of the ticket. If the Democratic Party chooses a different presidential nominee with Harris remaining as vice-presidential candidate, the financial dynamics would shift.
Biden’s family has reportedly been urging him to stay in the race, despite the recent debate performance raising concerns.
The complexity of the situation means that if Biden steps down, the campaign might need to seek an official opinion from the FEC to clarify fund usage under unique scenarios.
Claire Rajan, a former FEC litigation attorney now leading Allen & Overy’s political law group, agreed that Harris could likely access the funds as the party’s presidential nominee but expressed doubts about her accessing them as a running mate to another candidate.
In the event Harris does not become the nominee, the Biden campaign funds could be redirected. Options include converting the funds into a political action committee (PAC), transferring to a charity or a super PAC, or refunding the contributions back to donors.
