EthicsCampaign Funds
Section § 89510
This law states that candidates running for state office in California can only accept campaign contributions within certain established limits. Additionally, any money deposited into their campaign accounts must be used strictly for election-related expenses or costs associated with holding office.
Section § 89511
This section of the law discusses how campaign funds should be handled for candidates, elected officials, and various committees. It clarifies what counts as 'campaign funds', covering cash, contributions, and other financial assets. The law defines different types of committees and specifies what constitutes a 'substantial personal benefit' from campaign expenditures, with a focus on expenditures exceeding $200. It also outlines what 'household' means, covering family members living with the candidate or officer. The section details what qualifies as 'attorney’s fees and other costs', specifically legal defense and compliance costs, while excluding fundraising, consulting, and advertising expenses.
Section § 89511.5
This law allows elected officials in office to use their personal funds for certain non-campaign expenses without needing to first put the money in their campaign bank account. They have to provide a receipt and description to their committee’s treasurer. They can get reimbursed from their campaign fund if they follow these steps and keep within 90 days of the expense. Any reimbursement delays turn the money into a contribution instead. Committees must report any expenses over $100 in a fiscal year, and this law does not let them use campaign funds for anything unrelated to their specific office duties.
Section § 89512
This law outlines what expenses are considered lawful for someone seeking or holding political office. If the expense is related to running for office, it must serve a political purpose. If it's related to holding office, it should be connected to a legislative or governmental purpose. Any expenses that give a significant personal benefit need to be directly linked to these political, legislative, or governmental duties.
Additionally, it's generally not allowed to use funds for paying fines, penalties, judgments, or settlements unless explicitly stated otherwise in this law.
Section § 89512.5
This law section explains how committees can use their funds. Generally, any spending must be for a political, legislative, or government-related reason. If the spending significantly benefits someone who can approve how the money is used, it must directly serve a political, legislative, or governmental purpose.
Section § 89513
This section outlines how campaign funds can be used, emphasizing they should be spent only on expenses directly tied to political, legislative, or governmental purposes. Travel expenses are allowed if they meet IRS standards, and expenses for candidate's family's travel can be covered if destination-related. Professional service payments are allowed if they assist the committee administratively, but health-related expenses are mostly off-limits, except for genuine employee benefits.
Campaign funds cannot cover fines or penalties unless linked to politically significant tasks, but definitely not for personal benefits, criminal convictions, or sexual misconduct claims. Tickets to fundraising events are permitted; however, entertainment or sporting event tickets need justification. Gifts are restricted unless politically relevant, and loans are confined to organizations or political groups.
Finally, campaign funds can be used for child care if it directly results from campaign activities. This does not include school tuition or medical expenses unless it specifically stems from campaign duties.
Section § 89514
This law outlines when campaign funds can be used for legal costs. Generally, campaign funds can only cover legal expenses if the legal issues relate directly to a committee's main activities or a candidate's or elected official's actions or role. This includes cases about defamation or campaign law violations. However, if a legal case results in a felony conviction for elections-related fraud, campaign funds cannot be used to pay for legal costs.
Section § 89515
This law allows campaign funds to be donated or loaned to legitimate nonprofit organizations, like charities or religious groups, as long as the funds don't significantly benefit the candidate or certain connected individuals financially. The donation or loan must also be related to a political, legislative, or governmental goal.
Section § 89516
This law dictates how campaign funds can and cannot be used for vehicle expenses. Campaign funds cannot buy a vehicle unless it's owned by the committee and used for political or governmental purposes. Leasing a vehicle with these funds is only allowed if the committee or a government agency leases it, and the usage serves a political or governmental purpose. Operating costs of such authorized vehicles, like insurance, can be covered by campaign funds. Individuals like candidates or staff can be reimbursed for using their personal vehicles for campaign purposes at IRS-approved rates if documented properly. A vehicle's use is meant primarily for political or related activities, with non-political use being minimal.
Section § 89517
This law says campaign funds can't be used to pay for or lease property, or buy or renovate appliances or equipment if the legal owner is the candidate, their family, or those able to approve spending. However, campaign funds can lease property for up to a year if it's for political, lawmaking, or government use. Any non-political use must be minor.
Section § 89517.5
This law allows candidates and elected officials in California to use campaign funds for security expenses like installing security systems or hiring personal security. These expenses are limited and cannot exceed $10,000 over the candidate's lifetime, regardless of how many offices they run for.
Security costs include installing and monitoring security systems and providing personal security but do not cover payments to close relatives or purchasing firearms. If campaign funds are used for purchasing security systems or tangible security items, these must be returned, or reimbursed at market value, once the person leaves office or sells the property.
The candidate or official must report these expenses and reimbursements in their campaign statements, explaining and verifying any threats that justified the expenses. Family or staff aren't personally liable for these expenses.
Section § 89517.6
This law allows candidates, elected officials, or campaign workers to use campaign funds to cover the costs of improving cybersecurity for their electronic devices. Any money spent from campaign funds for this purpose needs to be reported formally in campaign statements.
Section § 89518
This law says candidates and elected officials can't use campaign money to pay themselves or anyone else for doing political or governmental work, except they can get reimbursed for any direct expenses they paid for such activities. Also, if someone has the power to approve how campaign money is spent, they can't be paid for political work with these funds either, except under specific circumstances or reimbursement for out-of-pocket costs.
Section § 89519
This law governs what happens to campaign funds after a person leaves an elective office or loses an election. After 90 days, these funds become 'surplus' and their use is restricted.
Surplus campaign funds can only be used to pay outstanding campaign debts, repay contributors, or donate to nonprofit organizations without benefiting the candidate or their family. Funds can also go to a political party for voter registration and related activities but not to support candidates. Additionally, funds can be given to support federal or out-of-state candidates, or specific ballot measures. They can also cover professional services for administrative or legal needs related to being a candidate or official.
Security expenses incurred due to a candidate's status that protect their family or staff count as a valid use of these funds, but must be reported.
Section § 89519.5
If an officeholder is convicted of certain serious crimes and the conviction is final, they can only use campaign funds for paying campaign debts or repaying contributions. Six months after the conviction is finalized, any leftover money must be given to the state's General Fund. This does not apply to money in ballot measure committees or legal defense funds.
Section § 89520
This law states that the remedies mentioned in Chapter 11, which starts with Section 91000, do not apply to any violations of this specific chapter.
Section § 89521
This California law states that anyone who either gives or receives illegal honorariums, gifts, or makes prohibited expenses is subject to a civil lawsuit and could owe up to three times the illegal amount. It also addresses misuse of campaign funds, where if someone uses these funds improperly for significant personal gain, they may be penalized up to double the wrongful amount. 'Egregious personal benefit' is defined as gaining $10,000 or more from such misuse.
Section § 89522
This law section ensures that nothing in the current chapter allows for the spending of campaign funds in ways that are not allowed under another specific rule from the Elections Code.