Section 390-16-238 - Personal use of contributions- Standard(1) Except as specifically allowed by chapter 42.17A RCW, any expenditure of a candidate's campaign funds that is not directly related to the candidate's election campaign is a personal use of campaign funds prohibited under RCW 42.17A.445.(2) An expenditure of a candidate's campaign funds will be considered personal use if it fulfills or pays for any commitment, obligation or expense that would exist irrespective of the candidate's election campaign.(3) If an activity or expenditure is both personal and campaign-related, the campaign may pay no more than the fair market value of its share of the activity or expenditure. For example, if a candidate incurs costs for child care, the campaign may reimburse the candidate only for any portion of the expense that occurred directly as a result of the candidate's campaign activities. Also, if a candidate uses a personal vehicle for campaign purposes, the campaign may reimburse the candidate for: (a) The prorated share of documented gasoline, maintenance and insurance costs directly related to the campaign's usage of the vehicle; or(b) The standard mileage rate established by the Internal Revenue Service for those documented miles directly related to the campaign's usage.(4) Examples of expenditures presumed to be for personal use include, but are not limited to: (a) Mortgage, rent, utility, telephone, or maintenance expenses for personal living accommodations;(b) Clothing purchases and maintenance expenses not related to the campaign;(c) Automobile expenses not related to the campaign;(d) Travel expenses not related to the campaign;(e) Household food items;(f) Restaurant expenses except for in-person fund-raising or campaign organizational activities;(g) Tuition payments not related to the campaign;(h) Admission to sporting events, concerts, theaters, or other forms of entertainment unless the event is primarily related to the candidate's campaign;(i) Club membership fees, dues and payments;(j) Health club or recreational facility membership fees, dues and payments;(k) Social, civic, or professional membership dues, fees and payments unless the expenditure occurs during an election year and membership is required to gain access to the organization's mailing list for campaign purposes or other facilities for the candidate's campaign;(l) Home or business internet service provider costs;(m) Home or business newspaper and periodical subscriptions;(n) Greeting cards to persons who would customarily receive such cards (e.g., family, friends and business associates).Wash. Admin. Code § 390-16-238
Amended by WSR 18-24-074, Filed 11/30/2018, effective 12/31/2018Amended by WSR 20-02-062, Filed 12/24/2019, effective 1/24/2020Statutory Authority: RCW 42.17A.110. 12-03-002, § 390-16-238, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370(1). 04-12-055, § 390-16-238, filed 5/28/04, effective 6/28/04. Statutory Authority: RCW 42.17.390. 94-07-141, § 390-16-238, filed 3/23/94, effective 4/23/94.