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

[John Tanner]

Perhaps someone should tell her
> On Nov 25, 2016, at 12:34 PM, Tyler Culberson <tylerculberson at gmail.com> wrote:
> 
> 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.
> 
> 
> ---
> 
> 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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