§ 17-25-7.2 Personal use of campaign fundsprohibited. – (a) The personal use by any elected public office holder or by any candidatefor public office, as defined in § 17-25-3, of campaign funds contributedafter April 29, 1992, is prohibited. For the purposes of this section,"personal use" is defined as any use other than expenditures related to gainingor holding public office and for which the candidate for public office orelected public official would be required to treat the amount of theexpenditure as gross income under § 61 of the Internal Revenue Code of1986, 26 U.S.C. § 61, or any subsequent corresponding Internal RevenueCode of the United States, as from time to time amended.
(b) Expenditures that are specifically prohibited under thischapter include:
(1) Any residential or household items, supplies orexpenditures, including mortgage, rent or utility payments for any part of anypersonal residence of a candidate or officeholder or a member of thecandidate's or officeholder's family;
(2) Mortgage, rent, or utility payments for any part of anynon-residential property that is owned by a candidate or officeholder or amember of a candidate's or officeholder's family and used for campaignpurposes, to the extent the payments exceed the fair market value of theproperty usage;
(3) Funeral, cremation, or burial expenses, including anyexpenses related to deaths within a candidate's or officeholder's family;
(4) Clothing, other than items of de minimis value that areused in the campaign;
(5) Tuition payments;
(6) Dues, fees, or gratuities at a country club, health club,recreational facility or other nonpolitical organization, unless they are partof a specific fundraising event that takes place on the organization's premises;
(7) Salary payments to a member of a candidate's family,unless the family member is providing bona fide services to the campaign. If afamily member provides bona fide services to a campaign, any salary payments inexcess of the fair market value of the services provided is personal use;
(8) Admission to a sporting event, concert, theater, or otherform of entertainment, unless part of a specific campaign or officeholderactivity;
(9) Payment of any fines, fees, or penalties assessedpursuant to this chapter.
(c) Any expense that results from campaign or officeholderactivity is permitted use of campaign funds. Such expenditures may include:
(1) The defrayal of ordinary and necessary expenses of acandidate or officeholder;
(2) Office expenses and equipment, provided the expendituresand the use of the equipment can be directly attributable to the campaign orthe officeholder's duties and responsibilities;
(3) Donations to charitable organizations, provided thecandidate or officeholder does not personally benefit from the donation orreceive compensation from the recipient organization;
(4) Travel expenses for an officeholder, provided that thetravel is undertaken as an ordinary and necessary expense of seeking, holding,or maintaining public office, or seeking, holding, or maintaining a positionwithin the legislature or other publicly elected body. If a candidate orofficeholder uses campaign funds to pay expenses associated with travel thatinvolves both personal activities and campaign or officeholder activities, theincremental expenses that result from the personal activities are personal use,unless the person(s) benefiting from this use reimburse(s) the campaign accountwithin thirty (30) days for the amount of the incremental expenses;
(5) Gifts of nominal value and donations of a nominal amountmade on a special occasion such as a holiday, graduation, marriage, retirementor death, unless made to a member of the candidate's or officeholder's family;
(6) Meal expenses which are incurred as part of a campaignactivity or as a part of a function that is related to the candidate's orofficeholder's responsibilities, including meals between and among candidatesand/or officeholders that are incurred as an ordinary and necessary expense ofseeking, holding, or maintaining public office, or seeking holding, ormaintaining a position within the legislature or other publicly elected body;
(7) Food and beverages which are purchased as part of acampaign or officeholder activity;
(8) Communication access expenses which are incurred as partof a campaign activity and operation to ensure that deaf and hard of hearingcitizens are fully participating, are volunteers, and/or are otherwisemaintaining a position with the campaign committee. Examples of communicationaccess expenses include, but are not limited to, the following: captioning ontelevision advertisements; video clips; sign language interpreters; computeraided real time (CART) services; and assistive listening devices.
(d) Any campaign funds not used to pay for the expenses ofgaining or holding public office may:
(1) Be maintained in a campaign account(s);
(2) Be donated to a candidate for public office, to apolitical organization, or to a political action committee, subject to thelimitation on contributions in § 17-25-10.1;
(3) Be transferred in whole or in part into a newlyestablished political action committee or ballot question advocate;
(4) Be donated to a tax exempt charitable organization asthat term is used in § 501(c)(3) of the Internal Revenue Code of 1986, 26U.S.C. § 501, or any subsequent corresponding internal revenue code of theUnited States as from time to time amended;
§ 17-25-7.2 Personal use of campaign fundsprohibited. – (a) The personal use by any elected public office holder or by any candidatefor public office, as defined in § 17-25-3, of campaign funds contributedafter April 29, 1992, is prohibited. For the purposes of this section,"personal use" is defined as any use other than expenditures related to gainingor holding public office and for which the candidate for public office orelected public official would be required to treat the amount of theexpenditure as gross income under § 61 of the Internal Revenue Code of1986, 26 U.S.C. § 61, or any subsequent corresponding Internal RevenueCode of the United States, as from time to time amended.
(b) Expenditures that are specifically prohibited under thischapter include:
(1) Any residential or household items, supplies orexpenditures, including mortgage, rent or utility payments for any part of anypersonal residence of a candidate or officeholder or a member of thecandidate's or officeholder's family;
(2) Mortgage, rent, or utility payments for any part of anynon-residential property that is owned by a candidate or officeholder or amember of a candidate's or officeholder's family and used for campaignpurposes, to the extent the payments exceed the fair market value of theproperty usage;
(3) Funeral, cremation, or burial expenses, including anyexpenses related to deaths within a candidate's or officeholder's family;
(4) Clothing, other than items of de minimis value that areused in the campaign;
(5) Tuition payments;
(6) Dues, fees, or gratuities at a country club, health club,recreational facility or other nonpolitical organization, unless they are partof a specific fundraising event that takes place on the organization's premises;
(7) Salary payments to a member of a candidate's family,unless the family member is providing bona fide services to the campaign. If afamily member provides bona fide services to a campaign, any salary payments inexcess of the fair market value of the services provided is personal use;
(8) Admission to a sporting event, concert, theater, or otherform of entertainment, unless part of a specific campaign or officeholderactivity;
(9) Payment of any fines, fees, or penalties assessedpursuant to this chapter.
(c) Any expense that results from campaign or officeholderactivity is permitted use of campaign funds. Such expenditures may include:
(1) The defrayal of ordinary and necessary expenses of acandidate or officeholder;
(2) Office expenses and equipment, provided the expendituresand the use of the equipment can be directly attributable to the campaign orthe officeholder's duties and responsibilities;
(3) Donations to charitable organizations, provided thecandidate or officeholder does not personally benefit from the donation orreceive compensation from the recipient organization;
(4) Travel expenses for an officeholder, provided that thetravel is undertaken as an ordinary and necessary expense of seeking, holding,or maintaining public office, or seeking, holding, or maintaining a positionwithin the legislature or other publicly elected body. If a candidate orofficeholder uses campaign funds to pay expenses associated with travel thatinvolves both personal activities and campaign or officeholder activities, theincremental expenses that result from the personal activities are personal use,unless the person(s) benefiting from this use reimburse(s) the campaign accountwithin thirty (30) days for the amount of the incremental expenses;
(5) Gifts of nominal value and donations of a nominal amountmade on a special occasion such as a holiday, graduation, marriage, retirementor death, unless made to a member of the candidate's or officeholder's family;
(6) Meal expenses which are incurred as part of a campaignactivity or as a part of a function that is related to the candidate's orofficeholder's responsibilities, including meals between and among candidatesand/or officeholders that are incurred as an ordinary and necessary expense ofseeking, holding, or maintaining public office, or seeking holding, ormaintaining a position within the legislature or other publicly elected body;
(7) Food and beverages which are purchased as part of acampaign or officeholder activity;
(8) Communication access expenses which are incurred as partof a campaign activity and operation to ensure that deaf and hard of hearingcitizens are fully participating, are volunteers, and/or are otherwisemaintaining a position with the campaign committee. Examples of communicationaccess expenses include, but are not limited to, the following: captioning ontelevision advertisements; video clips; sign language interpreters; computeraided real time (CART) services; and assistive listening devices.
(d) Any campaign funds not used to pay for the expenses ofgaining or holding public office may:
(1) Be maintained in a campaign account(s);
(2) Be donated to a candidate for public office, to apolitical organization, or to a political action committee, subject to thelimitation on contributions in § 17-25-10.1;
(3) Be transferred in whole or in part into a newlyestablished political action committee or ballot question advocate;
(4) Be donated to a tax exempt charitable organization asthat term is used in § 501(c)(3) of the Internal Revenue Code of 1986, 26U.S.C. § 501, or any subsequent corresponding internal revenue code of theUnited States as from time to time amended;
§ 17-25-7.2 Personal use of campaign fundsprohibited. – (a) The personal use by any elected public office holder or by any candidatefor public office, as defined in § 17-25-3, of campaign funds contributedafter April 29, 1992, is prohibited. For the purposes of this section,"personal use" is defined as any use other than expenditures related to gainingor holding public office and for which the candidate for public office orelected public official would be required to treat the amount of theexpenditure as gross income under § 61 of the Internal Revenue Code of1986, 26 U.S.C. § 61, or any subsequent corresponding Internal RevenueCode of the United States, as from time to time amended.
(b) Expenditures that are specifically prohibited under thischapter include:
(1) Any residential or household items, supplies orexpenditures, including mortgage, rent or utility payments for any part of anypersonal residence of a candidate or officeholder or a member of thecandidate's or officeholder's family;
(2) Mortgage, rent, or utility payments for any part of anynon-residential property that is owned by a candidate or officeholder or amember of a candidate's or officeholder's family and used for campaignpurposes, to the extent the payments exceed the fair market value of theproperty usage;
(3) Funeral, cremation, or burial expenses, including anyexpenses related to deaths within a candidate's or officeholder's family;
(4) Clothing, other than items of de minimis value that areused in the campaign;
(5) Tuition payments;
(6) Dues, fees, or gratuities at a country club, health club,recreational facility or other nonpolitical organization, unless they are partof a specific fundraising event that takes place on the organization's premises;
(7) Salary payments to a member of a candidate's family,unless the family member is providing bona fide services to the campaign. If afamily member provides bona fide services to a campaign, any salary payments inexcess of the fair market value of the services provided is personal use;
(8) Admission to a sporting event, concert, theater, or otherform of entertainment, unless part of a specific campaign or officeholderactivity;
(9) Payment of any fines, fees, or penalties assessedpursuant to this chapter.
(c) Any expense that results from campaign or officeholderactivity is permitted use of campaign funds. Such expenditures may include:
(1) The defrayal of ordinary and necessary expenses of acandidate or officeholder;
(2) Office expenses and equipment, provided the expendituresand the use of the equipment can be directly attributable to the campaign orthe officeholder's duties and responsibilities;
(3) Donations to charitable organizations, provided thecandidate or officeholder does not personally benefit from the donation orreceive compensation from the recipient organization;
(4) Travel expenses for an officeholder, provided that thetravel is undertaken as an ordinary and necessary expense of seeking, holding,or maintaining public office, or seeking, holding, or maintaining a positionwithin the legislature or other publicly elected body. If a candidate orofficeholder uses campaign funds to pay expenses associated with travel thatinvolves both personal activities and campaign or officeholder activities, theincremental expenses that result from the personal activities are personal use,unless the person(s) benefiting from this use reimburse(s) the campaign accountwithin thirty (30) days for the amount of the incremental expenses;
(5) Gifts of nominal value and donations of a nominal amountmade on a special occasion such as a holiday, graduation, marriage, retirementor death, unless made to a member of the candidate's or officeholder's family;
(6) Meal expenses which are incurred as part of a campaignactivity or as a part of a function that is related to the candidate's orofficeholder's responsibilities, including meals between and among candidatesand/or officeholders that are incurred as an ordinary and necessary expense ofseeking, holding, or maintaining public office, or seeking holding, ormaintaining a position within the legislature or other publicly elected body;
(7) Food and beverages which are purchased as part of acampaign or officeholder activity;
(8) Communication access expenses which are incurred as partof a campaign activity and operation to ensure that deaf and hard of hearingcitizens are fully participating, are volunteers, and/or are otherwisemaintaining a position with the campaign committee. Examples of communicationaccess expenses include, but are not limited to, the following: captioning ontelevision advertisements; video clips; sign language interpreters; computeraided real time (CART) services; and assistive listening devices.
(d) Any campaign funds not used to pay for the expenses ofgaining or holding public office may:
(1) Be maintained in a campaign account(s);
(2) Be donated to a candidate for public office, to apolitical organization, or to a political action committee, subject to thelimitation on contributions in § 17-25-10.1;
(3) Be transferred in whole or in part into a newlyestablished political action committee or ballot question advocate;
(4) Be donated to a tax exempt charitable organization asthat term is used in § 501(c)(3) of the Internal Revenue Code of 1986, 26U.S.C. § 501, or any subsequent corresponding internal revenue code of theUnited States as from time to time amended;
