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Subscribe to RSSHerman Cain today said he was "suspending" his campaign -- a distinction that is a political one rather than a legal one, says Michael Toner, a prominent Republican election lawyer and former Federal Election Commission chairman.
"It gives you more flexibility politically" and "political cover to get back in the race," if a candidate chooses to do so, Toner said. "It gives you more wiggle room."
By not officially terminating his campaign, a candidate can continue to raise money to retire debt. But a candidate would not be ALLOWED to terminate unless they paid off their obligations and debts.
For example, Hillary Clinton's 2008 campaign has never been terminated, because she still owes outstanding debts and obligations. She, too, "suspended" her campaign.
There is nothing a candidate would file with the FEC to say they are "suspending" their campaign, Toner said, and it would take months for them to officially "terminate" it, because of those debts and obligations, anyway.
*** UPDATE *** For those asking about ballot access and public financing...
Cain will likely remain on ballots for which he has already qualified, but it all depends on state law, another election lawyer said.
And, hypothetically, a candidate would also continue to be eligible for public financing -- if he applied for it. It's unlikely that Cain applied for those funds, as he's made no public comments about it.
It's also possible -- again, hypothetically -- depending on how state laws are written, that a secretary of state could interpret Cain's announcement today as withdrawing from the race and that he is no longer to be included on a ballot.
More likely, however, short of official "termination," which could take months because of debts and obligations owed (a campaign can't be terminated if it has them), then Cain's name would remain on whatever ballots he's already on.
A candidate has to apply to the FEC to "terminate" a campaign. There is no legal distinction for "suspending" a campaign. In other words, Cain has declared he will no longer be an active candidate -- signifcant politically -- but, technically, he is still one in the eyes of federal law.
And on public funding, technically if a candidate applied for public financing, then his campaign would still receive that money -- unless his campaign was "terminated."
*** UPDATE 2 *** Cleta Mitchell, another GOP election lawyer who works with candidates and committees, said, "I think this particular campaign has used that term as a 'soft landing' exit rather than the more dramatic statement of 'terminating.'
"There was a point in time when presidential candidates accepting federal matching funds would use the term 'suspend,' so they could still receive their federal matching funds after their campaigns had ended. However, Herman Cain isn't (to my knowledge) receiving the federal matching funds for the primary. So I think it is essentially in this instance a euphemism for ending his campaign and had no legal impact."
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Thanks for the clarification Domenico! ;o)
One other question I have, by only suspending his campaign, is Cain eligible for public funding come January 2012?
Okay, I have one more - will his secret service protection continue?
Thanks!
I think the answer is simpler than that Feisty! When Mrs. Cain lets that him see daylight again.
I can't see how his secret service protection could continue if he is not an active candidate. It does explain his asking for donations on his new website.
I hope someone had enough sense to hide his golf clubs...
We don't need another Tiger Wood's incident! ;o)
I sure wish Patrice O'neal was around for this whole situation... He would call all this for what it is...
I think he may need to keep the Secret Service protection to protect him from Mrs. Cain!
Here's an interesting question for all to consider. Hermie suspends his run so he can still collect funds to pay off campaign debts. However, how much does he owe and how much campaigning did he really do? Seems he spent most of his time on his book tour!
He wants the money in January. Just has to say that he's a candidate again and HE GETS OUR TAX MONEY!!! Bastard...
Right Phance and how much has he paid his wife since she is now running " women for herman cain " ?
Thanks, Domenico, for the clarification. I guess that this means that the Sperminator COULD be back!!
If the Sperminator DOES come back, he is going to be a REAL pain in the azz to GOP establishment, and put a crimp in their plans to install Mitt Romney as the 'nominee'.
I wouldn't miss that for the world.
*popcorn*?
Even with his run "suspended" Hermie can still be a source of amusement for all. He better keep real careful financial records, though. FEC doesn't have much of a sense of humor.
phinephancy, we won't know how much his campaign exactly owes - and to whom - until Jan. 15, when the year-end reports will be posted to the FEC website.
Thanks Domenico. It just seemed he wasn't spending that much on campaigning. I will be really interested to see the year end reports!
now Fiesty Redhead, ya' knows he's wife axed him if bof of deez bishes allemagashuns if tru cuz dare ain' no prove as Herman likes to say, no prove
Feisty h will not want Secret Service Protection....see that would get in the way of his whoremongering and slutting.
I mean when you are Fing (or attempting to F) half the women you meet--you cannot have the secret service watching.
It is not convenient!
Boy, that picture says everything! She looks like one unhappy woman.
To me she looks like the typical woman married to an overbearing man. The wives of politicans always look like her when their husbands are caught performing extraciricular activities.
Uh,who "caught" Cain doing anything, Indy? Where are the witnesses and the proof? As far as we know, it's simply someone on the left slinging crap, with the help of the media toadies.
Is Rick Perry a lefty?
Spider to assume that anyone has faked anything you first must assume that Herman Cain had a chance and that of course is ludicrous. Herman simply was and is not worth the effort to smear.
Really simple, THe Democrats would prefer that as many Reps stay in as long as possible, they will tear each other apart and that is better for the Democrats, they will spend more money, again better for the Democrats...and the more foolish the various clown running look only hurts the Reps.
All of us Democrats want Palin in, Bachman, in and Cain in.
We know the circus turns off Americans. We want it drawn out as long as possible. THis was not a Democrat expose. We would have saved it for after Cain was the nominee, when it would do the most damage.
Simple logic.
In fact, I've been known to give money to really awful Republican candidates for that very reason. Bachman 2012!
Just one more way for his sorry ass to tell the US citizens to bend over! Apparently
the same technique he's been using all along!!
based on the above news lead, why didn't you condem hillary as well?
Was Hillary cheating? The problem I have is the early campaigning that the Republicans have started. It seems like their campaign for the 2012 election started in November of 2008 which makes me believe the real reason for the early campaign trail is to bash Obama for every move he makes.
"Cain killed Abel."
I'm just saying...
Please continue.
I was also wondering what the Klingon sign language means that the Mrs is using.
or is that Klingoff [lol]
I'm more interested in who Hillary Clinton still owes money to from her campaign. She, her husband and daughter just had their own television special spewing how they work for the less privileged and then she stiffs businesses. Not very ethical
I never liked this s.o.b. from the first time I heard him open his mouth.
I have never heard so many hate and demeaning' comments made by so many liberal individuals about the GOP candidates. One would think that your icon of liberalism was a really special person. I know you cannot face the truth when it comes to info about this person. You have more personal info available to you about the least of the GOP candidates than you have available (for your study) about your Demo candidate. Of course you will deny this, but I understand. That is what you do. That is how you can live with yourself in your snug little world of political ignorance. Of course you will work to re-elect him because the job of destroying America( as we know it) is still unfinished. But really, you do not care about this because you are so filled with hate you would rather hate and lose than love and win. Have a great life in the coming third-world America.
Drop out, already!
Most of the money the Clinton campaign owes is to the Clintons.
jjj, you obviously missed the pictire of Pres. Obama as an ape, as a Nazi, as a witch doctor etc etc etc. Seems to me you have selective vision. On the other hand, there's little doubt that for 30 years, the GOP has done much to earn an immense amount of hatred such as the debt crisis (deliberately), the economic crash, the Iraq war, the outing of an undercover CIA agent etc.
All of these thing culiminate in the GOP governors now be worried that Obama will escape "his woes" They've said that if this election is about the middle class, the DEMs win! And that's a good thing for the country! THEN we can start cleaning 30 years of messes left by the GOP!
With all the money that Hillary has , it's a shame that she can't pay the debts herself but wants someone else to pay it!!
Well, it really not her 'personal' debt. It is her campaign debt - two different things actually.
Every child born in the USA deserves the dream and the chance of one day becoming president. But by the time we are all adults very few of us deserve that chance. To be viable, a candidate must have stupendous qualifications and deep knowledge across a wide range of areas. Again--those qualifications and that knowledge better be top-notch. It's obvious Herman Cain has neither the qualifications nor the knowledge. Suspend his campaign? He shouldn't have run in the first place. And don't get yourself tied up in a not over what I've said: he is not the only one who isn't qualified.
"knot" not "not."
Agreed, his among the wealthy it seems that an ego emerges with all of the yes men around them that makes them think like Cain and Trump do. That they can run a nation based on their business experience alone. While ignoring the very real job of commander in chief our military and the leader of the free world. Like it or not we live in a global economy and in order to function in it, our president needs to have some clue about the things going on overseas. Like the problems in Europes economy and the problems in the middle east/Northern African nations. Cain not knowing something so basic as China having nukes and having no idea what happened in Libya so recently was a disturbing picture of who he was as a candidate.
.....and a proper sense of style and fashion.....the man needs a new hatter!
Greetings.
Does Suspend mean Terminate...believe absolutely NOT.
Does Suspend means a differentiation in candidature...like active or inactive...in ONE's humble opinion, absolutely NOT.
Besides these...often this ONE wonder...
why ABUSE claims after years...years of probable mutual consensus, as it appears?? (still catching up on news...so bear with this ONE and help with pointers)
Just a thought that keeps bugging without a clear answer...what to do?
LOVE AND RESPECT YOU ALL
Yours.
Typical Ignorant, Loud Mouth, and Mr. Know It All Black Man got him self into a little pickle, with a white girl, and southern conservatives don't like the Half and Half President Obama? Cain would be bigger target than President Obama if you do the math....IDK how those crazies think but Cain sounded more N*****ish than President Obama. Thank You President Obama for not being one sided and ignorant, then again, I do not consider you a N***** because you have never acted like one. Personally, IMO any race or color can be a N***** or an @!$%#.
At this point that question is irrelevant
What matters is that Herman Cain will NEVER be president
Now lets move on to the next .....
Ron Paul will only vote legally. He is the most trust worthy man in the field. If congress brings him a bill that is not supported by our constitution, as president he will VETO it. This is what Ron Paul is about. If the law is good enough to be supported by an amendment to our constitution, then he is all for amending the constitution. Congress needs to uphold the Constitution. Our founding fathers would be proud of this man. We have got to get all of these special interest guys out of office, and put people in that care about freedom and liberty! Ron Paul is a good guy. I hope his running mate is Rand! That would be awesome. If anyone one of these other guys that are running for president gets elected then our country will go bankrupt, almost immediately. The Amero will be the new form of currency in Mexico, United States, and Canada. Our constitution will no longer exist. This is a last ditch effort to save our constitution, before all that we have worked so hard for is lost. Don't let the men and women that have fought and died for our country, die in vain, to a socialist that doesn't care about our country and our way of thinking. LET FREEDOM RING! Ron Paul 2012!
Ron Paul and Arlen Specter are two of the best things to come out of the GOP in recent memory. That's why they are both marginalized by their own party, and why Specter switched parties in 2009. They're simply too decent, too logical, and too centrist-minded. These are not characteristics today's insane GOP embraces.
he is a bum what did you expect..............
As soon as he opened his mouth at the beginning of the campaign youknew what you were dealing with......I really would like to know/see his supporters. Who are these people? Where do they live?
Well, well, well look what we have here... all these posts from liberal racist...
What happened to "it's a private matter" and "it's a right wing conspiracy" and "I don't care what he does in private as long as it doesn't effect his job"guess that doesn't work now that it's a republican eh?
I not defending Cain just showing that you liberals are racists and hypocrites!!
Must suck to be a liberal racist!
amen.