The Federal Election Campaign Act (FECA), as amended in 2002 by BCRA, provides that a contribution or donation accepted by a candidate or the holder of a federal office may not be “converted by any person to any personal use.” 2 U.S.C. § 439a(b)(1). Congress codified for the most part the FEC’s previously issued regulations on personal use and retained the ban on personal use of campaign funds. Since BCRA’s passage, the FEC has published new regulations that, like their predecessor regulations, both (1) provide a general definition of the term “personal use” and (2) determine that certain uses of campaign funds constitute personal use and hence are prohibited.
The general definition in the regulations provides that an impermissible “personal use” of campaign funds is use to pay an expense of any person that would be incurred even in the absence of the candidacy for office:
Personal use means any use of funds in a campaign account of a present or former candidate to fulfill a commitment, obligation or expense of any person that would exist irrespective of the candidate’s campaign . . . . [11 C.F.R. § 113.1(g).]
Among the particular uses of campaign funds that are specified in the FEC regulations as constituting an impermissible personal use are payments for the following:
- Household food items or supplies, or clothing;
- Mortgage, rent or utility payments for any part of any personal residence of the candidate or a family member;
- Admission to a sporting event, concert, theater or other form of entertainment, unless part of a specific campaign activity;
- Dues, fees or gratuities at a country club, health club, recreational facility or other non-political organization, unless part of the costs of a specific fundraising event; and
- Tuition payments, other than for the training of campaign staff.
11 C.F.R. § 113.1(g)(1)(i). In addition, payments to the candidate or to a member of the candidate’s family for real or personal property owned by any of those individuals, or for bona fide services to the campaign, constitute impermissible personal use of campaign funds to the extent the payments are in an amount that exceeds fair market value.
Id., § 113.1(g)(1)(i)(E)(2), (H).
Source:
https://ethics.house.gov/campaign-a...funds-and-resources#campaign_FEC_personal_use