W. Va. Code R. § 146-3-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 146-3-6 - Lawful Expenditures

6.1. Funds belonging to or received by a candidate or political committee may be used to employ persons to perform those functions enumerated in W. Va. Code § 3-8-9, either on a full-time, part-time or temporary basis, and in compliance with the provisions of this rule.

6.2. Funds belonging to or received by a political committee may be used for reasonable office expenses enumerated in W. Va. Code § 3-8-9.

6.3. No money or thing of value derived from contributions received by a political committee may be paid to or given to any person, except:

6.3.1. As lawful payment for goods provided, services rendered or reimbursement of expenses incurred for political purposes as defined in Section 2.32 of this Rule;

6.3.2. As food and drink, entertainment or costs incidental to a fund-raising event, or public meeting, for political purposes;

6.3.3. As printed campaign promotional items of nominal value which clearly identify the candidate, or party;

6.3.4. As a nominal noncash expression of appreciation to campaign workers as defined in Section 2.24 of this Rule, following the close of the polls or within 30 days thereafter;

6.3.5. As payment for services provided, bonds, and other expenses related to the costs of recounts and contesting elections;

6.3.6. As payment for necessary traveling and hotel expenses; or

6.3.7. As lawful payment for legal and accounting services rendered to a candidate or candidate committee if the services are solely related to the candidacy campaign;

6.4. A candidate or persons acting on behalf of a political committee may be reimbursed for contributions received for lawful election expenses paid from the personal funds of the candidate, providing receipts are retained and those itemized expenditures are reported in a timely manner as required by law.

6.5. No candidate may receive any payment of money or other thing of value for personal use from funds solicited or received for political purposes on his or her behalf, except as reimbursement as provided in Section 6.4 of this Rule.

6.5.1. "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 or duties as an officeholder.

6.5.2. Personal use includes but is not limited to the use of funds in a campaign account for any of the following items:

6.5.2.a. Household food items or supplies;

6.5.2.b. Funeral, cremation or burial expenses except those incurred for a candidate or an employee or volunteer of an authorized committee whose death arises out of, or in the course of, campaign activity;

6.5.2.c. Clothing, other than items of de minimis value that are used in the campaign, such as campaign "T-shirts" or caps with campaign slogans;

6.5.2.d. Tuition payments, other than those associated with training campaign staff;

6.5.2.e. Mortgage, rent or utility payments for:

6.5.2.e.1. Any part of any personal residence of the candidate or a member of the candidate's family; or

6.5.2.e.2. For real or personal property that is owned by the candidate or a member of the candidate's family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;

6.5.2.f. Admission to a sporting event, concert, theater or other form of entertainment, unless part of a specific campaign or officeholder activity;

6.5.2.g. Dues, fees or gratuities at a country club, health club, recreational facility or other nonpolitical organization, unless they are part of the costs of a specific fundraising event that takes place on the organization's premises;

6.5.2.h. Salary payments to a member of the candidate's family, unless the family member is providing bona fide services to the campaign. If a family member provides bona fide services to the campaign, any salary payment in excess of the fair market value of the services provided is personal use; and

6.5.2.i. A vacation.

6.6. No candidate may utilize campaign funds to pay civil or criminal penalties or fines.

6.7. No person may utilize campaign funds to seek a court order to prohibit another person from being placed on a ballot.

6.8. No person may utilize campaign funds for any expense related to defending legal actions seeking to remove the person from office by impeachment or pursuant to any provision of the West Virginia Code.

6.9. No payment of fines imposed by the Secretary of State may be expended from contributions received by a political committee. The responsible party of the fines imposed are the candidate of a candidate's committee or the treasurer of a political committee that is not a candidate committee. Any nonpolitical committee that is responsible for any fine imposed by the Secretary of State will be paid from general treasury funds of the nonpolitical committee.

W. Va. Code R. § 146-3-6