The Independent View: Can Presidential Candidates Give Left-Over Campaign Funds to Political Party?

Thanks to Richard Winger of Ballot Access News for this post.

U.S. District Court, in McCutcheon v FEC, U.S. District Court, D.C., 1:20cv-2485, Refuses Shaun McCutcheon’s Request, for Injunctive Relief against the Federal Election Commission (FEC), on Whether Presidential Candidates can give their Left-Over Campaign Funds to a Political Party.

On October 19th, U.S. District Court Judge, John D. Bates, Refused to Order the FEC to decide whether a Presidential Candidate who seeks the Nomination of their Party, but who doesn’t get that Nomination, can then Transfer Unspent Campaign Funds to a Political Party in Excess of the Normal Limits on Contributions to Political Parties.

The Lawsuit had been filed by Shaun McCutcheon, who had briefly sought the Libertarian Presidential Nomination earlier this year.

When he didn’t get the Presidential Nomination, he asked the FEC if he could transfer $50,000 to the Libertarian Party.

The FEC did Not issue an Opinion, even though McCutcheon pointed out that Michael Bloomberg had given $18,000,000 to the Democratic Party after Losing the Race for the 2020 Democratic Presidential Nomination.

The FEC needs Four Votes, from the Six Members, to Issue an Opinion, but for most of this year, it hasn’t had a Quorum.

Judge Bates said that the Issue of whether such Donations are Legal, is Not Settled.

The Opinion says, “it is far from clear where the FEC – or a court deciding the question on the merits – would come down.”

He also wrote, “The Court’s preliminary injunction analysis need not and will not reach a dispositive conclusion on the ultimate legality of the proposed transfers.”