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Federal Election Commission § 113.

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(c) Federal officeholder. Federal office- tainment, unless part of a specific cam-
holder means an individual elected to paign or officeholder activity.
or serving in the office of President or (G) Dues, fees or gratuities at a coun-
Vice President of the United States; or try club, health club, recreational fa-
a Senator or a Representative in, or cility or other nonpolitical organiza-
Delegate or Resident Commissioner to, tion, unless they are part of the costs
the Congress of the United States. of a specific fundraising event that
(d) State officeholder. State officeholder takes place on the organization’s prem-
means an individual elected to or serv- ises.
ing in any elected public office within (H) Salary payments to a member of
a State of the United States, the Dis- the candidate’s family, unless the fam-
trict of Columbia, the Commonwealth ily member is providing bona fide serv-
of Puerto Rico or any subdivision ices to the campaign. If a family mem-
thereof. ber provides bona fide services to the
(e) [Reserved] campaign, any salary payment in ex-
(f) Qualified Member. Qualified Member cess of the fair market value of the
means an individual who was serving services provided is personal use.
as a Senator or Representative in, or (I) Salary payments by a candidate’s
Delegate or Resident Commissioner to, principal campaign to a candidate in
Congress, on January 8, 1980. excess of the lesser of: the minimum
(g) Personal use. Personal use means salary paid to a Federal officeholder
any use of funds in a campaign account holding the Federal office that the can-
of a present or former candidate to ful- didate seeks; or the earned income that
fill a commitment, obligation or ex- the candidate received during the year
pense of any person that would exist ir- prior to becoming a candidate. Any
respective of the candidate’s campaign earned income that a candidate re-
or duties as a Federal officeholder. ceives from salaries or wages from any
(1)(i) Personal use includes but is not other source shall count against the
limited to the use of funds in a cam- foregoing limit of the minimum salary
paign account for any item listed in paid to a Federal officeholder holding
paragraphs (g)(1)(i)(A) through (J) of the Federal office that the candidate
this section: seeks. The candidate must provide in-
(A) Household food items or supplies. come tax records from the relevant
(B) Funeral, cremation or burial ex- years and other evidence of earned in-
penses except those incurred for a can- come upon the request of the Commis-
didate (as defined in 11 CFR 100.3) or an sion. Salary shall not be paid to a can-
employee or volunteer of an authorized didate before the filing deadline for ac-
committee whose death arises out of, cess to the primary election ballot for
or in the course of, campaign activity. the Federal office that the candidate
(C) Clothing, other than items of de seeks, as determined by State law, or
minimis value that are used in the cam- in those states that do not conduct pri-
paign, such as campaign ‘‘T-shirts’’ or maries, on January 1 of each even-
caps with campaign slogans. numbered year. See 11 CFR
(D) Tuition payments, other than 100.24(a)(1)(i). If the candidate wins the
those associated with training cam- primary election, his or her principal
paign staff. campaign committee may pay him or
(E) Mortgage, rent or utility pay- her a salary from campaign funds
ments— through the date of the general elec-
(1) For any part of any personal resi- tion, up to and including the date of
dence of the candidate or a member of any general election runoff. If the can-
the candidate’s family; or didate loses the primary, withdraws
(2) For real or personal property that from the race, or otherwise ceases to be
is owned by the candidate or a member a candidate, no salary payments may
of the candidate’s family and used for be paid beyond the date he or she is no
campaign purposes, to the extent the longer a candidate. In odd-numbered
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payments exceed the fair market value years in which a special election for a
of the property usage. Federal office occurs, the principal
(F) Admission to a sporting event, campaign committee of a candidate for
concert, theater or other form of enter- that office may pay him or her a salary

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§ 113.1 11 CFR Ch. I (1–1–10 Edition)
from campaign funds starting on the purposes unrelated to his or her per-
date the special election is set and end- sonal benefit.
ing on the day of the special election. (3) Transfers of campaign assets. The
See 11 CFR 100.24(a)(1)(ii). During the transfer of a campaign committee
time period in which a principal cam- asset is not personal use so long as the
paign committee may pay a salary to a transfer is for fair market value. Any
candidate under this paragraph, such depreciation that takes place before
payment must be computed on a pro- the transfer must be allocated between
rata basis. A Federal officeholder, as the committee and the purchaser based
defined in 11 CFR 100.5(f)(1), must not on the useful life of the asset.
receive salary payments as a candidate
(4) Gifts. Gifts of nominal value and
from campaign funds.
donations of a nominal amount made
(J) A vacation.
on a special occasion such as a holiday,
(ii) The Commission will determine,
graduation, marriage, retirement, or
on a case-by-case basis, whether other
uses of funds in a campaign account death are not personal use, unless
fulfill a commitment, obligation or ex- made to a member of the candidate’s
pense that would exist irrespective of family.
the candidate’s campaign or duties as a (5) Political or officially connected ex-
Federal officeholder, and therefore are penses. The use of campaign funds for
personal use. Examples of such other an expense that would be a political ex-
uses include: pense under the rules of the United
(A) Legal expenses; States House of Representatives or an
(B) Meal expenses; officially connected expense under the
(C) Travel expenses, including sub- rules of the United States Senate is not
sistence expenses incurred during trav- personal use to the extent that the ex-
el. If a committee uses campaign funds pense is an expenditure under subpart
to pay expenses associated with travel D of part 100 or an ordinary and nec-
that involves both personal activities essary expense incurred in connection
and campaign or officeholder-related with the duties of a holder of Federal
activities, the incremental expenses office. Any use of funds that would be
that result from the personal activities personal use under paragraph (g)(1) of
are personal use, unless the person(s) this section will not be considered an
benefiting from this use reimburse(s) expenditure under subpart D of part 100
the campaign account within thirty or an ordinary and necessary expense
days for the amount of the incremental incurred in connection with the duties
expenses, and of a holder of Federal office.
(D) Vehicle expenses, unless they are (6) Third party payments. Notwith-
a de minimis amount. If a committee
standing that the use of funds for a
uses campaign funds to pay expenses
particular expense would be a personal
associated with a vehicle that is used
use under this section, payment of that
for both personal activities beyond a de
expense by any person other than the
minimis amount and campaign or office-
candidate or the campaign committee
holder-related activities, the portion of
the vehicle expenses associated with shall be a contribution under subpart B
the personal activities is personal use, of part 100 to the candidate unless the
unless the person(s) using the vehicle payment would have been made irre-
for personal activities reimburse(s) the spective of the candidacy. Examples of
campaign account within thirty days payments considered to be irrespective
for the expenses associated with the of the candidacy include, but are not
personal activities. limited to, situations where—
(2) Charitable donations. Donations of (i) The payment is a donation to a
campaign funds or assets to an organi- legal expense trust fund established in
zation described in section 170(c) of accordance with the rules of the United
Title 26 of the United States Code are States Senate or the United States
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not personal use, unless the candidate House of Representatives;


receives compensation from the organi- (ii) The payment is made from funds
zation before the organization has ex- that are the candidate’s personal funds
pended the entire amount donated for as defined in 11 CFR 100.33, including

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