Who owns campaign funds

Contributions made from the candidate's personal funds must be reported. If any person , including a relative or friend of the candidate, gives or loans the candidate money "for the purpose of influencing any election for federal office," the funds are not considered personal funds of the candidate even if they are given to the candidate directly.

Instead, the gift or loan is considered a contribution from the donor to the campaign, subject to the per-election limit and reportable by the campaign.

This is true even if the candidate uses the funds for personal living expenses while campaigning. The candidate is acting as the agent of the campaign. AOs , and Employer's payment of fringe benefits during candidate's unpaid leave of absence. AOs , , , and Payment of compensation to candidate.

AO Paid leave of absence for candidate. AO Campaign's compensation of lost wages to candidate prohibited. This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

Your web browser is not supported You're using Internet Explorer, some features might not work. Any salary payments to family members in excess of the fair market value constitute personal use. For other expenses not mentioned on this page, the Commission will determine, on a case-by-case basis, whether the expense is one that would exist irrespective of the candidate's campaign or duties as a federal officeholder and would be considered a personal use expense.

For example, the Commission addresses payments for meals, travel, vehicles, mixed-use and legal expenses on a case-by-case basis. Campaign funds may be used to pay for meals during face-to-face fundraising events. By contrast, a candidate may not use campaign funds to take his or her family out to dinner.

The regulations, however, prohibit the use of campaign funds for personal expenses collateral to travel—either campaign or officeholder—unless personal funds are used to reimburse the committee. Campaign funds may be used to pay for a vehicle that is used for campaign-related purposes, assuming that the costs related to the personal use of the vehicle are de minimis. Campaign funds cannot be used to pay for expenses relating to the personal use of a campaign vehicle unless those expenses are de minimis , that is, unless they are insignificant in relation to the overall vehicle use.

The reimbursement does not constitute a contribution. The committee must maintain logs of the expenses to help the Commission determine on a case-by-case basis what portion was for personal use rather than for campaign-related activity or officeholder duties. Using the irrespective test summarized on this page, the Commission decides on a case-by-case basis whether legal expenses are considered "personal use" and thus are expenses that a candidate may not pay for using campaign funds.

In several advisory opinions the Commission has said that campaign funds may be used to pay for up to percent of legal expenses related to campaign or officeholder activity, where such expenses would not have occurred had the individual not been a candidate or officeholder.

Generally, when a third party not the candidate or the candidate's committee pays for personal use expenses, the third party makes a contribution, subject to the restrictions and limitations of the Federal Election Campaign Act. No contribution will result, however, if the payment would have been made irrespective of the candidacy. A third party may make the following payments on behalf of a candidate without making a contribution:.

For example, if the candidate's parents had been making college tuition payments for the candidate's children, the parents could continue to do so during the campaign without making a contribution. Compensation paid to a candidate by a third party as a continuation of payments made prior to candidacy for example, payments of salary are not considered contributions as long as such payments:.

AO Use of campaign funds for purchase of candidate's book. AO Use of campaign funds for activities associated with candidate's book publication and promotion.

AO Use of campaign funds for home security system. AO Use of campaign funds to pay for legal expenses of a campaign consultant. AO Corporation collecting and forwarding contributions from individuals to political committees. AO Use of campaign funds to pay travel expenses of a federal officeholder's minor children. AO Use of campaign funds to pay for travel, including campaign, local officeholder and personal activities, of a federal candidate who is a local officeholder.

AO Use of campaign funds to purchase automobile for campaign purposes. AO Use of campaign funds to purchase and present Liberty Medals. I teach and write about campaign finance law. But there are a lot of other options, both within politics and outside of it. The first use for money from a candidate who has just quit the campaign is generally to pay the cost of winding things up.

They may still owe rent on office space, as well as fees for services like polling and transportation and for staff salaries.

Some campaigns max out their credit cards , or take out loans to fill their accounts, and those still need to be repaid.

Candidates whose campaigns have ended but who are still handling outstanding expenses need to keep filing campaign finance reports with the FEC.

Once those expenses are paid, there may not be much left. At times, candidates need to keep fundraising after they drop out, just to pay off the bills they ran up while running. Six months after they dropped out of the presidential nomination race, failed Republican candidates Newt Gingrich and Rick Santorum were still working to pay off their campaign debts. Former presidential candidates Rudy Giuliani, Dennis Kucinich and John Edwards took years to pay off their campaign debts.

For some politicians, the most likely use is to help pay for their next campaign. Booker, for instance, is up for reelection to his Senate seat.