Here’s how Harris could take over Biden’s campaign cash if he drops out and she runs for president

CHAPIN, S.C. (AP) — Vice President Kamala Harris has been one of President Joe Biden’s staunchest defenders following his shaky performance in last week’s debate, but she’s also emerged as a potential option to lead the party herself if Biden opted not to continue his campaign.

One big question is what would happen to the current campaign’s $91 million cash on hand, according to its most recent filings. (Combined with allied Democratic organizations, the reelection effort has access to $240 million cash on hand, the campaign said this week.)

Could Harris take over the Biden-Harris campaign cash?

Yes, although there are some caveats.

Since their campaign account was registered with the Federal Election Commission in the name of both candidates, Harris could use those funds for her own presidential effort if Biden were to drop out, according to Kenneth Gross, senior political law counsel at Akin Gump and former associate general counsel for the Federal Election Commission.

Can donors get refunds?

Only if the campaign said yes.

Legal scholars agree that if donors were to ask for their money back after a candidate switch, the campaign would need to agree to that transfer. That means donors don’t have an automatic right to get refunded.

“Once a donor makes a contribution, he or she relinquishes the rights to those funds,” Gross said.

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