| Advisory opinion request regarding the propriety of using campaign funds to purchase a foot operated scooter to assist with neighborhood canvassing and a computer with Microsoft Office software for campaign use. |
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Aaron Lawler, a candidate for Ascension Parish Council, has a personal computer that is used by his family, but it is a Mac and not conducive to the needs of the campaign. He anticipates that the computer could be used for internet searches by himself or his children at times, but the primary use would be campaigning. Following the campaign, Mr. Lawler anticipates that the computer would be used for personal use and the holding of public office.
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La. R.S. 18:1505.2I(1) provides on and after January 1, 1991, contributions received by a candidate or a political committee may be expended for any lawful purpose, but such funds shall not be used, loaned, or pledged by any person for any personal use unrelated to a political campaign, the holding of a public office or party position, or, in the case of a political committee, other than a candidate's principal campaign committee or subsidiary committee, the administrative costs or operating expenses of the political committee; except that excess campaign funds may be returned to contributors on a pro rata basis, given as a charitable contribution as provided in 26 USC 170(c), given to a charitable organization as defined in 26 USC 501(c)(3), expended in support of or in opposition to a proposition, political party, or candidacy of any person, or maintained in a segregated fund for use in future political campaigns or activity related to preparing for future candidacy to elective office. However, the use of campaign funds of a candidate or his principal or subsidiary committees to reimburse a candidate for expenses related to his political campaign or his holding of a public office or party position shall not be considered personal use by the candidate. If a candidate is required by state or federal law to pay taxes on the interest earned by campaign funds of the candidate or any political committee of the candidate, the candidate may use the interest on which such tax is paid for such purpose. A payment from campaign funds shall not be considered as having been spent for personal use when the funds are used to replace articles lost, stolen, or damaged in connection with the campaign.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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