Advisory Opinions

Can Kamala Take the Money … Legally?

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.

58:47

Episode guests

Derek Muller

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Highlights

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Episode notes

Podcast summary created with Snipd AI

Quick takeaways

Campaign finance laws balance contribution limitations and transparency needs, impacting political outcomes.

State laws binding electors question the electoral college purpose and Congress's influence on the decision.

Debate on treating parties as state actors in primaries balances association freedom and public impact.

Deep dives

Campaign Finance: Balancing Restrictions and Disclosure

Campaign finance laws pose a challenge in determining the balance between limitations on contributions and the need for transparency. Small money donations have driven polarization, showing unexpected outcomes. Loosening some restrictions with thresholds for disclosure could be beneficial.

Exploring the Topics of an Election Law Class

02:08

Intro

2min

Complexities of Campaign Funds Transfer and FEC Enforcement

12min

Fundraising Dilemma and Litigation Impact

9min

Presidential Nominations and Ballot Access Deadlines

10min

Reflections on Trump's Situation, Potential Campaign Contributions, and Future Speculations

2min

Legal Challenges and Campaign Finance Debates

20min

Sarah and David are joined by Notre Dame law professor Derek Muller, who teaches “Presidential Nominations in a Time of Uncertainty,” to discuss the legality of swapping out (presumptive) party nominees, the potential consequences of doing so, and the complexity of state election laws at-large.

The Agenda:

—Can Kamala Harris inherit Joe Biden’s PAC money?

—Will Republicans successfully keep Kamala off the ballot?

—What’s up with Ohio?

—Could Donald Trump replace J.D. Vance?

—What does “natural-born citizen” mean?

—Should political parties be state associations for primaries?

—Should faithless electors be bound?

—Campaign finance: restrictions, or no restrictions?

Show Notes:

—LaRouche v. FEC

—Charles Spies’ “Biden Has 100 Million Reasons to Stay In”

—Chiafolo et al. v. Washington

Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here.

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Advisory Opinions

Can Kamala Take the Money … Legally?

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

Campaign Finance: Balancing Restrictions and Disclosure

Legal Challenges Around Faithless Electors

Interpreting Political Party Membership and State Action

Complexities of Primary Ballot Access

Debating the Eligibility of Natural-born Citizens

Exploring the Topics of an Election Law Class

Remember Everything You Learn from Podcasts