LNC Regional Alternate Keith Thompson has raised to the LNC progressively more pointed questions about the structure of the LNC-Kennedy Joint Fundraising Committee and the legality of some alternative cash-transfer schemes.
From: Keith Thompson
To: LNC Business <lnc-bu…@lp.org>; 4eb01eb…@amer.teams.ms <4eb01eb…@amer.teams.ms>; businesslist-forward <businessli…@lp.org>
Subject: RFK Jr. Joint Fundraiser Clarification, Please!
Good morning,
I’ve seen the RFK Jr. joint fundraiser portrayed a few different ways in public and I want to make sure my understanding is correct. As I don’t wish the discourse to be poisoned by bad information, I’d like to seek clarity.
Is this accurate? If not, please let me know how it does function.
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The Kennedy campaign is limited by the individual donor cap of $3,300. The LNC, with its status as a National Party / Committee, has a limit of $41,300 per individual. The joint fundraiser would effectively increase the individual limit to $44,600 (3,300 + 41,300) by splitting the donation amount between Kennedy’s campaign and the Kennedy Victory Fund 2024 which would be jointly controlled by the LNC to grant it the $41,300/individual limit. Of donations exceeding $3,300, the LNC would keep 10% with the Kennedy Victory Fund keeping 90%.
This would allow the Kennedy campaign to control, per individual donor, up to $40,470 ( 3,300 + (41,300 * 0.9) ), with the LNC getting up to 4,130 per donor.
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So, for example, a donation of $40,000 would see $3,300 go directly to the RFK Jr. campaign, with $36,700 remaining in the “Kennedy Victory Fund 2024.”
The 36,700 would then be divvied up with the LNC getting 10% and the remaining $33,030 (plus the initial $3,300) going to support the RFK Jr. campaign?
Would that be fair and accurate? If not, please clarify.
A bit confused,
Keith Thompson
Region 3 Alternate
Thompson then refined his previous questions.
From: Keith Thompson
To: Angela McArdle
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
Thank you very much – I look forward to the clarification.
My apologies for being a pain about this, but members have asked me questions about it and I can’t explain details I don’t understand.
My initial understanding was:
- A donor gives 44,600
- 3,300 of that is immediately given to the RFK Jr. campaign in one transaction
- The remaining amount is given to the LP
- 90% of that is then given to the Kennedy Victory Fund 2024.
However, I now suspect it functions more like this:
- A donor gives 44,600
- 3,300 of that is given to RFK Jr. as above
- The remaining amount goes to a Joint Fundraising Committee, appropriately abbreviated in this case as JFC, which IS the “Kennedy Victory Fund 2024”
- The fund is co-owned by both the LP and the RFK Jr. campaign
- Our agreement says that 90% would be used toward the RFK Jr. campaign and 10% would be used for the LP.
It seems like the second scenario would get around limits on what a Party can donate to a Candidate. But it would still likely run into a roadblock with the RFK Jr. campaign directly having access to the 90% as that would exceed limits.
One way around this would be if the LP technically controlled the 90% but just agreed to use it toward the promotion of our opponent. I’m sure many on the LNC would find that agreeable but I suspect my tin foil hat is generating that scenario.
I guess my main question is: How are we getting around the limits on what we can directly give to the RFK Jr. campaign? If the funds aren’t being donated to RFK Jr., but instead spent from the JFC, will the LP then have a hand in the promotion of RFK Jr.? How are we getting around the 6,600 JFC limit (3,300 for the primary, 3,300 for the general) if the LP itself isn’t promoting RFK Jr.?
Confused,
Keith Thompson
Region 3 Alternate
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He then raised a question:
From: Keith Thompson
To: Paul Darr; Angela McArdle; LNC Business; businesslist-forward
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
Would it be reasonable for the LNC to actually read the contract to which we’ve committed?
It would be reassuring if some sunlight could ease member concerns over our contractual obligations under the joint fundraiser agreement.
Keith Thompson
Region 3 Alternate
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The National Chair responded
From: Angela McArdle <angela….@lp.org>
To: Keith Thompson; Paul Darr; LNC Business; businesslist-forward
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
Still finetuning it.
Angela McArdle
Chair, Libertarian National Committee
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Thompson responded:
From: Keith Thompson
To: Angela McArdle; Paul Darr; LNC Business; businesslist-forward
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
That’s understandable, though I would have expected general details to be ironed out before the RFK Jr. campaign announced the deal and launched a donation site.
- If it’s still being finetuned, does that mean the contract has not yet been signed?
(It seems as if it would already be signed and in force given that the RFK Jr. campaign has already run with it.) - Could you please at least assuage concerns that the LP would be obligated to spend money from the JFC account toward the promotion RFK Jr.?
- When may the LNC see the contract to which we’re seemingly obligated?
Thanks,
Keith Thompson
Region 3 Alternate
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Thompson continued
From: Keith Thompson
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
Good morning – thank you for following up!
My assumption, and I think this is safe, is that the LP’s 10% would exclusively go toward our Party and our candidates (not to include RFK Jr.).
For clarity: My concern is that the 90% to be spent toward the promotion of our competitor would technically need to be spent by the LP in order to satisfy FEC regulations.
I realize the 90% goes to RFK Jr. either way. The difference here would be that we would be contractually obligated to promote him as a Party vs him simply keeping the 90% in his own account and giving us 10% out of it.
My reasoning here is that it appears a National Party is limited in what it can donate toward a candidate but is not limited as to what it can spend in the promotion of a candidate. That could leave us in a scenario where the LP itself is on-paper responsible for promoting RFK Jr.’s campaign against our own nominee.
Keith Thompson
Region 3 Alternate
And then continued to the LNC:
From: Keith Thompson
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
Apologies for being persistent about this at the risk of irritating people. FEC minutia is not something I find interesting. However, as a regional rep., I’ve been asked questions about this that I cannot answer and people both in and out of my region have voiced concerns to me.
The Kennedy Victory Fund website says the LNC gets the entire amount in excess of the individual limit, as to not run afoul of donation limits. This makes sense.
If this were a normal JFC where it’s a candidate and their own Party, there would be no issue – the RNC can joint fundraise with Trump, for example, and then both work toward the same statist goals.
But in this case, there’s a bit of a conflict because the LNC has its own candidate who is running against RFK Jr., Harris, and Trump.
- Is the 41,300 not passing through the LNC? The Kennedy Victory Fund website says it does.
“The next $41,300/$15,000 from a person/PAC will be allocated to the LNC.”
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- If not, how are we avoiding the individual limits for RFK Jr.?
- If so, would the LNC not have to be the one to authorize the expenditure?
- If we are the ones authorizing and directing the expenditures, we would then be directly supporting an opposition candidate.
- If we’re not the ones authorizing / directing the expenditures, would we not then be coordinating with the RFK Jr. campaign in conflict with FEC regulations?
- Is there a cost sharing agreement? I assume our share is zero if there is one, but I was asked to ask, so I did.
- May we see the contract/agreement to definitively answer such questions?
Thanks,
Keith Thompson
Region 3 Alternate
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National Secretary Harlos then entered the fray, writing the LNC:
Subject: Re: RFK Jr. Joint Fundraiser Clarification, Please!
Let me ask the obvious since this is not claimed to any kind of endorsement or using our “name” or donor information to promote the direct competition:
If Kennedy gets the first X amount up to the legal limits (and we get nothing of that amount) and the LNC gets the rest….. then what EXACTLY is the purpose? Can’t Kennedy supporters ALREADY give that amount and can’t our supporters ALREADY give that amount directly to us?
OF COURSE THEY CAN.
There is a whole lot here that makes no sense and runs afoul of our bylaws. I look forward to a soon hearing date on the pending appeal.
I look forward to the PUBLIC REBUKE on our own page that we are not a non-partisan group and absolutely and utterly support our own candidates and not Kennedy. No? Okay.
This mutual fund raising gimmick is embarrassing. It makes the Libertarian Party look like a chain letter Ponzi scheme scammer.