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WASHINGTON — A former Libertarian hopeful is asking a Federal court for guidance regarding the transfer of unspent campaign funds to the national Libertarian Party.
Wealthy businessman Shaun McCutcheon has filed a lawsuit in a District of Columbia district court requesting such an action. The filing shows a timestamp of September 4. The premise of the lawsuit: either the court forces the Federal Election Commission (FEC) to answer his question, or the judge answers it instead.
McCutcheon, an electrical engineer and CEO of Coalmont Electrical Development Corporation, put $65,000 of his own funds in a campaign account. However, he has $50,000 that is currently unspent. He inquired of the Federal Election Commission if he can legally transfer those remaining funds to the Libertarian National Committee (LNC).
According to Richard Winger at Ballot Access News, the FEC refused to answer McCutcheon’s request, citing a lack of a quorum to make a decision. According to the FEC website, there are three active commissioners out of six:
There are three vacancies on the Commission:
However, Federal law dictates that the FEC is mandated to issue advisory opinions on such requests.
McCutcheon pinpoints the Michael Bloomberg campaign in his arguments, citing his short-lived bid for the 2020 Democratic nomination. He notes that Bloomberg donated $18 million of his own campaign funds to the Democratic National Committee. No FEC enforcement was taken for that donation.
He additionally notes that Federal law doesn’t permit individuals to donate more than $37,000 in any calendar year to the general treasury of a FEC-recognized national committee.
McCutcheon additionally states that he would like to know if Bloomberg’s donation was legal or not. If it was legal, then McCutcheon should be able to donate $50,000 to the Libertarian National Committee without FEC action or harassment.
The Alabama native, usually a Republican donor and conservative activist, filed his political committee May 7 in hopes of securing the Libertarian nomination. Jo Jorgensen would become the Libertarian presidential nominee during the virtual Phase One convention over Memorial Day weekend.
McCutcheon was the chief plaintiff in a 2014 landmark decision in McCutcheon v. FEC (572 U.S. 185 (2014)), which ruled Section 441 of the Federal Election Campaign Act unconstitutional. Section 441 imposed contribution limits an individual can make over a two-year period to national party and Federal candidate committees.
For more political news, follow Jake Leonard @JakeLeonardWPMD and Heartland Newsfeed @HLNF_Bulletin on Twitter.
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Jake Leonard, a broadcast media and journalism veteran, is the editor-in-chief of Heartland Newsfeed. Leonard is also GM and program director of Heartland Newsfeed Radio Network, wrestling editor and contributing writer for Ambush Sports, a contributing writer for My Sports Vote and Midwest Sports Network, and a former contributor to Bleacher Report and Overtime Heroics. He resides at home in Nokomis, Ill. with his dog Buster.
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Written by: Jake Leonard
campaign finance Federal Election Campaign Act Federal Election Commission Jo Jorgensen Libertarian National Committee Michael Bloomberg political news Shaun McCutcheon
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