CLC’s Trevor Potter on the FEC Rules Guiding Campaign Funds When a Nominee Withdraws
Washington, D.C. — Today, President Joe Biden made the announcement that he is withdrawing his bid for reelection. Trevor Potter, founder and president of Campaign Legal Center, issued the following statement regarding the campaign funds currently held by the Biden-Harris campaign:
A major party’s presumptive nominee stepping down months before Election Day is not an ordinary event, but it is also not a crisis.
There are Democratic Party rules in place to govern the process of selecting a new nominee. There are also rules established by the Federal Election Commission that apply to the funds currently held by the Biden-Harris campaign.
The application of those FEC rules depends in part on who becomes the Democratic nominee for president. Specifically, because Biden and Harris share a campaign committee, the Vice President and her running mate can continue using the campaign’s existing funds for the general election if she is on the Democratic ticket as either the presidential or vice-presidential nominee.
If the new ticket does not include Vice President Harris, the rules are different. Campaign committees are subject to federal contribution limits, which limit candidate-to-candidate contributions to $2,000 per election.
Alternatively, the Biden campaign can offer to refund its donors, or the campaign can transfer its funds to the national Democratic party or state parties. The party committees are permitted by FEC rules to spend some funds in coordination with the eventual presidential nominee.
Regardless of whom the Democratic Party ultimately chooses as its candidate, what matters most is voters having the final say on who becomes the next President of the United States. I urge all parties to follow the law and respect the outcome of the election in November.
CLC’s election lawyers - including President Trevor Potter, Executive Director Adav Noti, Senior Director for Campaign Finance Erin Chlopak and Director for Federal Campaign Finance Reform Saurav Ghosh - are available to further discuss these FEC rules with the press.
CLC Responds to Nebraska State Officials Stripping Away Freedom to Vote
Lincoln, NE — The freedom to vote for tens of thousands of Nebraskans with prior felony convictions now hangs in the balance after Attorney General Mike Hilgers issued an opinion that takes Nebraska backward on voting rights.
At least 59,000 of the voters who would be impacted by this decision have had their freedom to vote for almost 20 years.
Blair Bowie, director of Campaign Legal Center (CLC)’s Restore Your Vote program, issued the following statement in response:
“Nebraska’s attorney general and secretary of state are taking Nebraska backward and stripping the freedom to vote away from tens of thousands of citizens. Felony disenfranchisement laws have long been a stain on American democracy. AG Hilgers’ opinion undermines the will of the Legislature to restore voting rights to Nebraskans who have completed their sentences. The opinion unjustly strips the well-settled right to vote from tens of thousands of Nebraskans and will create widespread confusion around voter eligibility right before a major election,” said Blair Bowie, director of Campaign Legal Center’s Restore Your Vote program. “All citizens, regardless of whether they have a felony conviction, should have the freedom to vote.”
Nebraskans with past felony convictions can use CLC’s Restore Your Vote tool to help understand their voting rights.
Campaign Legal Center Responds to Senate Ethics Committee Investigation into Senator Menendez
Washington, DC — On July 16, 2024, Sen. Robert Menendez (D-NJ) was convicted of bribery and 15 other charges by a jury of his peers. In the wake of this decision, the Senate Ethics Committee announced that it will investigate Sen. Menendez and “consider the full range of disciplinary actions.” Kedric Payne, vice president, general counsel and senior director for ethics at the nonpartisan Campaign Legal Center issued the following statement:
“We commend the Senate Ethics Committee for announcing its intention to investigate Sen. Menendez in light of his criminal convictions for unethical conduct. For too long, the Senate Ethics Committee has failed to uphold its responsibility to guard the integrity of the Senate by holding senators accountable for unethical and unlawful behavior.
"We hope that this investigation does not end like the 97% of the Committee’s investigations over the last 14 years, where it found no evidence of a violation. The relevant facts of this case are now in the public record, so the investigation should move quickly. The American public deserves a Senate Ethics Committee that will prioritize the public’s interests, and anything less than a finding of wrongdoing will send the message that self-interested corrupt behavior by members is acceptable.”
CLC, Alabamians Sue Over New Law Threatening to Silence Voters Right Before 2024 Election
Montgomery, AL — Campaign Legal Center (CLC) is representing two Alabama voters with past felony convictions in a lawsuit challenging a new law, H.B. 100, that could deprive many Alabamians of their freedom to vote in the 2024 election.
The bill, set to go into effect on October 1, 2024, effectively adds over 120 felonies to Alabama’s so-called list of “crimes of moral turpitude,” which take away a person’s right to vote.
Implementing this bill just one month before the November election will create substantial confusion for voters and election officials alike, as it changes the rules of voter eligibility immediately prior to a general election.
Worse still, absentee voting begins in Alabama on September 11, 2024 — before H.B. 100’s October 1 effective date. This means that some Alabama voters could cast their ballots as eligible voters but become ineligible by the time their ballot is set to be counted.
The new law also overrules the will of Alabama voters, who in 2022 overwhelmingly voted to amend the Alabama Constitution to ban changes to election laws within six months of a general election.
“Every American should be able to exercise their freedom to vote, regardless of whether they have a past felony conviction. Yet, H.B. 100 makes the already confusing voting rights restoration process in Alabama even harder to navigate,” said Blair Bowie, director of CLC’s Restore Your Vote program. “Most Alabamians with prior felony convictions have been able to vote since 2017. This new law takes Alabama backward by unfairly denying certain voters a chance to make their voices heard in the November election. We can’t have an inclusive and accountable democracy when an entire class of citizens is denied the freedom to vote.”
“I find it egregious that Alabama legislators enacted a law that retroactively costs someone their voting rights, without any new charges, after they’ve fought so hard to earn them back,” said JaiGregory Clarke, Birmingham hub organizer and voter rights restoration state lead at Faith in Action Alabama.
CLC’s lawsuit, filed in partnership with Alabama attorney J. Mitch McGuire, seeks to block H.B. 100 from being implemented so currently eligible Alabama voters with felony convictions will not be disenfranchised this November.
Background:
Alabama’s Constitution does not disenfranchise all individuals with felony convictions, but it prevents those convicted of “felonies involving moral turpitude” from voting until their rights are restored. This vague language, originally adopted in the 1901 Alabama Constitution to “establish white supremacy in this State,” was a method of keeping Black people from voting without overtly breaking federal law.
Until 2017, Alabama law disenfranchised more than 130,000 Black citizens — roughly 15% of Black adults in the state – and never explained which felonies were disqualifying until 2017, allowing the state to arbitrarily and unequally enforce this law.
Alabamians had long been pushing the state to clarify which felony convictions take away the right to vote. In 2017, the Legislature finally passed a law defining what convictions take away the right to vote.
The 2017 law enshrined the freedom to vote to all Alabamians with felony convictions that were not on the list. Now, Alabama is backsliding and seeking to disenfranchise more of its citizens just over a month before the 2024 general election and while early voting is already underway.
CLC’s Restore Your Vote tool is a helpful resource to help people with past felony convictions understand their voting rights. Learn more here.
CLC Responds to Shooting at Pennsylvania Rally
Washington, D.C. – Earlier today, former President Donald Trump was injured in a shooting at a rally in Butler, Pennsylvania that left at least one person dead.
Trevor Potter, Campaign Legal Center president and former Republican chariman of the Federal Election Commission, released the following statement:
"Campaign Legal Center condemns today’s shocking act of violence against former President Trump. Now more than ever, our democracy depends on every American rejecting all forms of political violence. Tragic events like today’s shooting in Pennsylvania should never happen – not now, not ever. We may be a country that is bitterly divided politically, but those divisions do not justify these kinds of horrific acts of violence, no matter what. Our hearts go out to everyone affected by today's violence."