Federal Politics

Published — July 26, 2019

A Republican wants old campaign cash to fund his nonprofit. A Democrat might show the way.

Former Senator Heidi Heitkamp at a Senate Committee on Agriculture, Nutrition and Forestry hearing at the Russell Senate Office Building in Washington, DC, in 2015. (Lance Cheung/USDA)

Tom Price could find comfort from Heidi Heitkamp.

Introduction

Former Health and Human Services Secretary Tom Price asked the Federal Election Commission for permission to transfer $1.7 million in leftover campaign funds to a new nonprofit “social welfare” group he’s starting, setting off a sharp debate at the Federal Election Commission this week over whether the move would be legal.

But Price may find comfort from an unlikely source: former Sen. Heidi Heitkamp, who just made such a transfer. Her lawyers point to a provision in the law they say allows it.

In April, Heitkamp, a North Dakota Democrat who lost her 2018 bid for re-election and started the year with nearly $6.5 million still stashed in her campaign account, transferred $750,000 to One Country Inc., a nonprofit social welfare group she helped found earlier this year. 

Lawyers with the law firm Perkins Coie, which represents the Heitkamp campaign, said the transfer complies with a section of the law that allows contributions to be used for “any other lawful purpose” — a clause one FEC commissioner brought up during the debate over Price’s request. 

The law does specifically prohibit using the money to personally benefit the candidate, something both Heitkamp’s and Price’s lawyers stressed would not happen. 

“Neither Senator Heitkamp nor her family is being paid  from One Country,” the lawyers said in a statement responding to questions from the Center for Public Integrity. “The terms of the transfer expressly prohibited the conversion of the funds to personal use.”

The statement didn’t address whether the Heitkamp campaign money might be used for political purposes. 

Former congressional candidates can find themselves sitting on millions of leftover dollars, but they are legally circumscribed in spending it. The money can’t legally be used to personally benefit the former candidates. It can be spent on wind-down expenses, given — within limits — to other candidates and political committees, or transferred in unlimited amounts to political parties or charities. 

Price, a former seven-term Republican congressman from Georgia, requested permission to transfer his leftover funds on the grounds that the group would be restricted in spending them. 

His lawyer, Stefan Passantino, a former deputy White House counsel, told the FEC the transferred money would be kept in a segregated fund. He said it wouldn’t be used to pay Price or his family members, none of whom would draw salaries from the as-yet-unformed organization. He also said it wouldn’t be spent on political purposes. 

It could be used to reimburse Price for expenses, Passantino said. That’s noteworthy because Price resigned as President Donald Trump’s health and human services secretary amid a scandal involving Price’s travel habits.

Passantino said creating a charity is a more difficult and expensive path than a “social welfare” nonprofit, which is why Price plans to create the latter. 

Federal Election Commission Chairwoman Ellen Weintraub, a Democrat, said at an agency meeting Thursday that Price’s request is something the FEC hasn’t sanctioned before and “I’m not willing to do.” 

Two Republican commissioners, Caroline Hunter and FEC Vice Chairman Matthew Petersen, disagreed and said the move would be legal. Independent Commissioner Steven Walther didn’t speak either way. 

Because the normally six-member commission has two vacancies, any decision on Price’s request would have to be unanimous. 

Weintraub didn’t respond to a request for comment on the Heitkamp transfer. Petersen said the money can be spent for any lawful purpose “provided the funds are not converted to personal use. When determining if an otherwise lawful donation was converted to personal use, what is relevant is how the funds were spent, not the tax status of the group receiving the donation.”

Hunter said of Heitkamp: “To the extent she’s doing what Tom Price wants to do, it’s absolutely permissible under the law.”

In 2013, former Rep. Allen West, a Florida Republican, transferred hundreds of thousands of dollars in leftover cash to a social welfare group named after him. There’s no record of the FEC taking any enforcement action in the case.  

The way ex-lawmakers handle leftover campaign money has drawn increasing scrutiny from the FEC following reporting by the Tampa Bay Times and others about whether old campaign committees are functioning as “slush funds.” 

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SOUTH JERSEYTed SiroisMark SullivanTom LarkinAnonymous Recent comment authors
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Mark Sullivan
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Mark Sullivan

Trump needs to conduct these activities because the entire MSM media, excluding Fox, is campaigning against him 24/7/365.

Didn’t Monica’s boyfriend’s wife and various criminal enterprises outspend Trump by almost 2-1?

CapitalistRoader
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CapitalistRoader

Why wouldn’t he get an early start on fund raising? Hillary outspent him two-to-one in 2016. The Dem’s are the party of big money. The President knows this and is attempting to get a jump on it. Of course the Dem candidate will outspend him in 2020 so it’s only rational that he starts fund raising now.

George Young
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George Young

Oh brother. We just 8 years of the Campaigner – in – Chief. Where was this journalistic rectal thermometer then. Just another article about 2000 words too long that merely takes another slap at Trump for something he far from initiated.

j stevenson
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j stevenson

The big difference between Trump and all the rest is his refusing to accept funds from lobbyists, so they don’t have the White House access they are used to. These are the donors who buy the presidency and are as pixxed off that he won the election as are the media and the Dems. Lobbyists have never been shut out of the WH and Trump has told them he is not for sale.

jan v
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jan v

all the lobbyists are running all our government agencies and all the career civil servants who know how to run the country have been fired. YOU think this is a good thing ? what a crock…

thomas alessi
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thomas alessi

I am for Trump

Martin Shellabarger
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J. Stevenson, what are you drinking? Trump has more lobbyists in his administration than probably any other president. Trump is totally “for sale”, and the corporations know it. Grow a brain!

Anonymous
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Anonymous

Trump needs to be impeached and tossed in prison. Then have the key thrown away so he will never be free. Then he can see how it feels not to have freedom.

Mark Sullivan
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Mark Sullivan

Thank you for the usual insightful leftist low IQ Snowflake response.

barney
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hes not imprisoning them hes sending them back to their country chill tf out

SOUTH JERSEY
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SOUTH JERSEY

WHY DONT YOU HAVE FREEDOM?

Tom Larkin
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Tom Larkin

First, something positive. I was happy to learn of empirical information in article. BUT, the article was so slanted against President Trump as to be deemed fake news (“Perhaps Trump just lied.” (Two different issues)). The article mentions that President Trump raised over $67 million, but ended 2018 with $19 million. President Trump spent over $40 million 2016 and 2017. President Trump conducted 57 political rallies. The article notes the hats and T-shirts sold, but NEVER MENTIONS THE INCREASE IN THE NUMBER OF REPUBLICAN SENATORS during a mid-term election that lost the House and the number of political rallies in… Read more »

Ted Sirois
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Ted Sirois

At least Trump is getting donations from willing donors. Fresh from his first election, Obama used billions of our children’s tax dollars to save thousands of union jobs in the car industry and bailed out the banks and many Wall Street businesses. This secured his source of reelection funds for his reelection four years later.

South Jersey
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South Jersey

TRUMP 2020; IS AN AMAZINGLY SMART MAN! VERY ORIGINAL & CREATIVE. I AM HAPPY TO HAVE HIS AS POTUS.

SOUTH JERSEY
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SOUTH JERSEY

THIS ARTICLE WAS OBVIOUSLY WRITTEN BY, A TRUMP-HATE-GROUP. THAT FEELS; IT IS NOT NORMAL TO BE SUCCESSFUL WITH YOUR OWN BRAND NAME. WHEN, IF FACT, IT IS NORMAL! >>>>> THIS IS >>> FAKE NEWS!!! <<<< ie: A PACK-OF-LIES; SPUN INTO; DEFAMATION OF CHARACTER. FOR A SINISTER-AGENDA OF; FASCIST DEMOCRATIC SOCIALIST, COUP D'ETAT

David
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David

Are you on some kind of drugs? Writing in caps makes me think that you are grumpy old fart or a uneducated hillbilly.