67-6610C. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. (1) Permitted uses. A contribution accepted by a candidate may be used by the candidate:

(a) For expenditures in connection with the campaign for public office of the candidate;

(b) For ordinary and necessary expenses incurred in connection with duties of the individual as a holder of public office;

(c) For contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986;

(d) For transfers, without limitation, to a national, state or local committee of a political party;

(e) For donations to state and local candidates subject to the provisions of state law; or

(f) For any other lawful purpose unless prohibited by subsection (2) of this section.

(2) Prohibited use.

(a) In general. A contribution shall not be converted by any person to personal use.

(b) Conversion. For the purposes of subsection (2)(a) of this section, a contribution shall be considered to be converted to personal use if the contribution is used to fulfill any commitment, obligation or expense of a person that would exist irrespective of the candidate’s election campaign or individual’s duties as a holder of public office, including:

(i) A home mortgage, rent or utility payment;

(ii) A clothing purchase except for items of de minimis value such as campaign shirts or hats;

(iii) A noncampaign or nonofficeholder related automobile expense;

(iv) A country club membership;

(v) A vacation or other noncampaign-related trip;

(vi) A tuition payment;

(vii) Admission to a sporting event, concert, theater or other form of entertainment not associated with an election campaign;

(viii) Dues, fees and other payments to a health club or recreational facility; and

(ix) Meals, groceries or other food expense, except for tickets to meals that the candidate attends solely for the purpose of enhancing the candidacy of another person or meal expenses which are incurred as part of a campaign activity or as part of a function that is related to the candidate’s or officeholder’s responsibilities.

History:

[67-6610C, added 2006, ch. 36, sec. 2, p. 100.]