# Could Bloomberg legally bribe delegates and superdelegates? **URL:** \ **Category:** Politics & Elections\ **Created:** [February 18, 2020, 11:14pm UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131 "2020-02-18T23:14:06Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![ITR\_champion](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@ITR\_champion](https://boards.straightdope.com/u/ITR_champion)\ **Post date:** [February 18, 2020, 11:14pm UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131/1 "2020-02-18T23:14:06Z")
As usual, pundits are churning out columns explaining that the Democrats are heading towards a convention where no candidate has won a majority of the delegates. As unusual, there’s at least some chance that it could actually happen this year. So let’s imagine a scenario where Bloomberg has about 40% of the delegates, and Bernie has about 40%, and everybody else is splitting up the remaining 20%, so in the first round of balloting at the convention, nobody wins, and then we move to the second round. In this scenario, is it legal for Bloomberg to just offer five millions dollars or so to a super-delegate, or to a delegate initially pledged to one of the other candidates, in exchange for their vote? Now obviously it’s illegal to offer cash for a vote in an election. And it’s illegal to offer a politician cash for a vote on a bill. But the Democratic Convention isn’t a government event. It’s not mandated in the Constitution or any other law. Its rules are decided by the Democratic Party, which is not a part of the government. So as far the law is concerned, what would stop Bloomberg from buying votes at the convention? ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [February 19, 2020, 12:10am UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131/2 "2020-02-19T00:10:08Z")
Probably nothing could legally stop him, except that the DNC would have to swiftly kick him out of the party and as a candidate for PR purposes. Not only would the Bernie voters (or whoever else is the main Bloomberg rival) throw a fit, but it would look terrible from a PR standpoint. Bloomberg wouldn’t be electable after doing something like that. ---
**Author:** ![Tigers2B1](https://avatars.discourse-cdn.com/v4/letter/t/9fc29f/32.png) [@Tigers2B1](https://boards.straightdope.com/u/Tigers2B1)\ **Post date:** [February 19, 2020, 12:19am UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131/3 "2020-02-19T00:19:38Z")
So he could legally do it - just keep it quiet for PR reasons? ---
**Author:** ![Dale\_Sams](https://avatars.discourse-cdn.com/v4/letter/d/779978/32.png) [@Dale\_Sams](https://boards.straightdope.com/u/Dale_Sams)\ **Post date:** [February 19, 2020, 12:22am UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131/4 "2020-02-19T00:22:15Z")
> [@Velocity](#): > > Probably nothing could legally stop him, except that the DNC would have to swiftly kick him out of the party and as a candidate for PR purposes. Not only would the Bernie voters (or whoever else is the main Bloomberg rival) throw a fit, but it would look terrible from a PR standpoint. Bloomberg wouldn’t be electable after doing something like that. Wasserman resigned because it was revealed she conspired to sabotage Sanders campaign…she wasn’t kicked out of the party. In fact Clinton gave her a job. IOW, I don’t believe for a second Bloomberg would be kicked out. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 19, 2020, 12:56am UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131/5 "2020-02-19T00:56:11Z")
Bribery isn’t restricted to government. I’m not a law talking guy but there is [Commercial Bribery](https://www.stimmel-law.com/en/articles/commercial-bribery-us-and-california-penalties). I also don’t know whether the DNC bylaws explicitly prohibit bribing delegates. ---
**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\ **Post date:** [February 19, 2020, 1:18am UTC](https://boards.straightdope.com/t/could-bloomberg-legally-bribe-delegates-and-superdelegates/848131/6 "2020-02-19T01:18:23Z")
Apparently _mostly_ [not](https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/delegate-activity/) legal to do, per FCC guidance. > [@](#): > > This page contains information regarding FEC rules that govern the activity of delegates and those seeking to become delegates to national nominating conventions, including delegates to any state or local convention or caucus that is held to select delegates to a national nominating convention. These rules include certain fundraising restrictions, the rules on forming delegate committees with other delegates or those seeking to become delegates, and reporting requirements, where applicable. The Federal Election Campaign Act (the Act) considers a national nominating convention of a political party to be a federal election since such conventions have the authority to select nominees for federal office on behalf of that party. … > > … With certain exceptions, funds raised and spent for delegate selection are considered “contributions” and “expenditures” made for the purpose of influencing a federal election and are therefore subject to the Act’s prohibitions and limits. For example, a delegate must use funds permissible under federal law to pay for travel to attend the national convention and related subsistence expenses such as food and lodging. … Contributions to a delegate committee are subject to an aggregate limit of $5,000 per contributor in a calendar year, including monetary and in-kind contributions. … So apparently in theory a “donation” of up to $5000 could be made to cover delegate travel expenses, up to the amount used for the travel expenses (if less). And for pledged delegates the overarching [rule](https://ballotpedia.org/Democratic_delegate_rules,_2020) is > [@](#): > > “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.” > —Rule 13(J), 2020 Delegate Selection Rules