[EL] Jill Stein, Raising Money for WI, MI, PA Recounts, Opportunistically Moves Goal Posts

[Tyler Culberson]

*Jill Stein, Raising Money for WI, MI, PA Recounts, Opportunistically Moves
Goal Posts <http://electionlawblog.org/?p=89479>*

Posted on November 24, 2016 11:03 am <http://electionlawblog.org/?p=89479>
 by *Rick Hasen* <http://electionlawblog.org/?author=3>

Classy. <https://twitter.com/davidpkfishman/status/801643478501429248>

And nothing <https://twitter.com/TimRunsHisMouth/status/801633246597545986> is
going to require her to use the money for recounts.

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I don't know that I agree that "nothing" will "require" Stein to "use the
money for recounts." The relevant AO 2006-24
<http://saos.fec.gov/saos/searchao;jsessionid=D2D3BBC59CAE7644B0B5E29DB38215EB?SUBMIT=continue&PAGE_NO=0>
states:

"*Federal candidates who become involved in recounts intend to establish
and administer recount funds through their authorized committees. The
Federal candidates will retain all authority over the raising and spending
of funds in the recount fund, but will consult with national and State
party committee officials regarding fundraising, administrative issues, and
strategies and tactics. The Federal candidates and their authorized
committees will not solicit or receive any funds from corporations, labor
organizations, national banks, or foreign nationals for the recount funds.
Money raised by the recount funds will not be used to pay for pre-election
or Election Day expenses, such as administrative costs, get-out-the-vote
activities or communication expenses. Instead, the recount funds will be
used only to pay for “expenses resulting from a recount, election contest,
counting of provisional and absentee ballots and ballots cast in polling
places,” as well as “post-election litigation and administrative-proceeding
expenses concerning the casting and counting of ballots during the Federal
election, fees for the payment of staff assisting the recount or election
contest efforts, and administrative and overhead expenses in connection
with recounts and election contests” (“recount activities”).*"

If Stein believes these funds may somehow be utilized for purposes
unrelated to "recount activities" she is sorely mistaken. However, there is
no AO, at least to my knowledge, that directly addresses whether or not a
committee may utilize leftover recount funds to be used in future elections
(though there might be). And further AO 2006-24 stops short of making such
determination:

"*You inquire very broadly as to all possible uses of leftover recount
funds including, but not limited to, whether such funds must be disposed of
or whether they may be kept in a separate account for future elections of
the same candidate or be transferred to other political committees. The
Commission concludes that this question is speculative, and a definitive
answer depends upon various contingencies that may or may not occur. This
question is, therefore, hypothetical.9 Commission regulations explain that
requests posing a hypothetical situation, presenting a general question of
interpretation, or regarding the activities of third parties, do not
qualify as advisory opinion requests. 11 CFR 112.1(b). On this basis, the
Commission expresses no opinion regarding this question.*"
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