Advisory Opinions Can Kamala Take the Money … Legally?
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Jul 25, 2024 
Notre Dame law professor Derek Muller joins Sarah and David to discuss the legality of swapping party nominees, Kamala inheriting Biden's PAC money, challenges in Ohio, and the complexities of campaign finance laws. They also tackle the meaning of 'natural-born citizen,' faithless electors, and the role of political parties in primaries.
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Why The $96M Dispute Likely Won't Decide The Race
- General-election PAC funds are distinct and often locked until nomination, giving them different legal value than direct campaign cash.
- Even if challenged, FEC enforcement and court resolution will likely come after the election, limiting practical impact now.
Prepare For Slow Enforcement, Not Fast Injunctions
- Don't expect quick injunctive relief; litigants and the FEC will take months to investigate before any court order.
- Plan for post-election resolution and potential fines rather than immediate ballot-impacting remedies.
Convention Voting, Not Presumptive Labels, Controls Ballots
- Presidential nominees are formally chosen at party conventions, so 'presumptive' status has no automatic legal ballot effect.
- States use separate, complex presidential nomination rules that let parties submit nominees later than other offices.