2010 California Code
Government Code
Article 4. Campaign Funds

89510.  (a) A candidate for elective state office may only accept
contributions within the limits provided in Chapter 5 (commencing
with Section 85100).
   (b) All contributions deposited into the campaign account shall be
deemed to be held in trust for expenses associated with the election
of the candidate or for expenses associated with holding office.



89511.  (a) This article applies to campaign funds held by
candidates for elective office, elected officers, controlled
committees, ballot measure committees, committees opposed to a
candidate or measure, and any committee which qualifies as a
committee pursuant to subdivision (a) of Section 82013.
   (b) (1) For purposes of this chapter, "campaign funds" includes
any contributions, cash, cash equivalents, and other assets received
or possessed by a committee as defined by subdivision (a) of Section
82013.
   (2) For purposes of this chapter, "committee" means a controlled
committee, ballot measure committee, committee opposed to a candidate
or measure, and any committee which qualifies as a committee
pursuant to subdivision (a) of Section 82013.
   (3) For purposes of this chapter, "substantial personal benefit"
means an expenditure of campaign funds which results in a direct
personal benefit with a value of more than two hundred dollars ($200)
to a candidate, elected officer, or any individual or individuals
with authority to approve the expenditure of campaign funds held by a
committee.
   (4) For purposes of this article, "household" includes the
candidate's or elected officer's spouse, dependent children, and
parents who reside with the candidate or elected officer.




89511.5.  (a) An incumbent elected officer may utilize his or her
personal funds for expenditures authorized by subdivision (b) of
Section 89510 without first depositing those funds in his or her
controlled committee's campaign bank account, if both of the
following conditions are met:
   (1) The expenditures are not campaign expenses.
   (2) The treasurer of the committee is provided with a dated
receipt and a written description of the expenditure.
   (b) An incumbent elected officer may be reimbursed for
expenditures of his or her personal funds, from either the controlled
committee campaign bank account established pursuant to Section
85201 with respect to election to the incumbent term of office, or
from a controlled committee campaign bank account established
pursuant to Section 85201 with respect to election to a future term
of office, if all of the following conditions are met:
   (1) The expenditures are not campaign expenses.
   (2) The incumbent elected officer, prior to reimbursement,
provides the treasurer of the committee with a dated receipt and a
written description of each expenditure.
   (3) Reimbursement is paid within 90 days of the expenditure, in
the case of a cash expenditure, or within 90 days of the end of the
billing period in which it was included, in the case of an
expenditure charged to a credit card or charge account.
   (c) When the elected officer's controlled committee is notified
that expenditures totaling one hundred dollars ($100) or more in a
fiscal year have been made by the incumbent elected officer, the
committee shall report, pursuant to subdivision (k) of Section 84211,
the expenditures on the campaign statement for the period in which
the expenditures were made and the reimbursements on the campaign
statement for the period in which the reimbursements were made.
   (d) If reimbursement is not paid within the time authorized by
this section, the expenditure shall be reported on the campaign
statement as a nonmonetary contribution received on the 90th day
after the expenditure is paid, in the case of a cash expenditure, or
within 90 days of the end of the billing period in which it was
included, in the case of an expenditure charged to a credit card or
charge account.
   (e) This section shall not be construed to authorize an incumbent
elected officer to make expenditures from any campaign bank account
for expenses other than those expenses associated with his or her
election to the specific office for which the account was established
and expenses associated with holding that office.




89512.  An expenditure to seek office is within the lawful execution
of the trust imposed by Section 89510 if it is reasonably related to
a political purpose. An expenditure associated with holding office
is within the lawful execution of the trust imposed by Section 89510
if it is reasonably related to a legislative or governmental purpose.
Expenditures which confer a substantial personal benefit shall be
directly related to a political, legislative, or governmental
purpose.



89512.5.  (a) Subject to the provisions of subdivision (b), any
expenditure by a committee not subject to the trust imposed by
subdivision (b) of Section 89510 shall be reasonably related to a
political, legislative, or governmental purpose of the committee.
   (b) Any expenditure by a committee that confers a substantial
personal benefit on any individual or individuals with authority to
approve the expenditure of campaign funds held by the committee,
shall be directly related to a political, legislative, or
governmental purpose of the committee.


89513.  This section governs the use of campaign funds for the
specific expenditures set forth in this section. It is the intent of
the Legislature that this section shall guide the interpretation of
the standard imposed by Section 89512 as applied to other
expenditures not specifically set forth in this section.
   (a) (1) Campaign funds shall not be used to pay or reimburse the
candidate, the elected officer, or any individual or individuals with
authority to approve the expenditure of campaign funds held by a
committee, or employees or staff of the committee or the elected
officer's governmental agency for travel expenses and necessary
accommodations except when these expenditures are directly related to
a political, legislative, or governmental purpose.
   (2) For the purposes of this section, payments or reimbursements
for travel and necessary accommodations shall be considered as
directly related to a political, legislative, or governmental purpose
if the payments would meet standards similar to the standards of the
Internal Revenue Service pursuant to Sections 162 and 274 of the
Internal Revenue Code for deductions of travel expenses under the
federal income tax law.
   (3) For the purposes of this section, payments or reimbursement
for travel by the household of a candidate or elected officer when
traveling to the same destination in order to accompany the candidate
or elected officer shall be considered for the same purpose as the
candidate's or elected officer's travel.
   (4) Whenever campaign funds are used to pay or reimburse a
candidate, elected officer, his or her representative, or a member of
the candidate's household for travel expenses and necessary
accommodations, the expenditure shall be reported as required by
Section 84211.
   (5) Whenever campaign funds are used to pay or reimburse for
travel expenses and necessary accommodations, any mileage credit that
is earned or awarded pursuant to an airline bonus mileage program
shall be deemed personally earned by or awarded to the individual
traveler. Neither the earning or awarding of mileage credit, nor the
redeeming of credit for actual travel, shall be subject to reporting
pursuant to Section 84211.
   (b) (1) Campaign funds shall not be used to pay for or reimburse
the cost of professional services unless the services are directly
related to a political, legislative, or governmental purpose.
   (2) Expenditures by a committee to pay for professional services
reasonably required by the committee to assist it in the performance
of its administrative functions are directly related to a political,
legislative, or governmental purpose.
   (3) Campaign funds shall not be used to pay health-related
expenses for a candidate, elected officer, or any individual or
individuals with authority to approve the expenditure of campaign
funds held by a committee, or members of his or her household.
"Health-related expenses" includes, but is not limited to,
examinations by physicians, dentists, psychiatrists, psychologists,
or counselors, expenses for medications, treatments or medical
equipment, and expenses for hospitalization, health club dues, and
special dietary foods. However, campaign funds may be used to pay
employer costs of health care benefits of a bona fide employee or
independent contractor of the committee.
   (c) Campaign funds shall not be used to pay or reimburse fines,
penalties, judgments, or settlements, except those resulting from
either of the following:
   (1) Parking citations incurred in the performance of an activity
that was directly related to a political, legislative, or
governmental purpose.
   (2) Any other action for which payment of attorney's fees from
contributions would be permitted pursuant to this title.
   (d) Campaign funds shall not be used for campaign, business, or
casual clothing except specialty clothing that is not suitable for
everyday use, including, but not limited to, formal wear, if this
attire is to be worn by the candidate or elected officer and is
directly related to a political, legislative, or governmental
purpose.
   (e) (1) Except where otherwise prohibited by law, campaign funds
may be used to purchase or reimburse for the costs of purchase of
tickets to political fundraising events for the attendance of a
candidate, elected officer, or his or her immediate family, or an
officer, director, employee, or staff of the committee or the elected
officer's governmental agency.
   (2) Campaign funds shall not be used to pay for or reimburse for
the costs of tickets for entertainment or sporting events for the
candidate, elected officer, or members of his or her immediate
family, or an officer, director, employee, or staff of the committee,
unless their attendance at the event is directly related to a
political, legislative, or governmental purpose.
   (3) The purchase of tickets for entertainment or sporting events
for the benefit of persons other than the candidate, elected officer,
or his or her immediate family are governed by subdivision (f).
   (f) (1) Campaign funds shall not be used to make personal gifts
unless the gift is directly related to a political, legislative, or
governmental purpose. The refund of a campaign contribution does not
constitute the making of a gift.
   (2) Nothing in this section shall prohibit the use of campaign
funds to reimburse or otherwise compensate a public employee for
services rendered to a candidate or committee while on vacation,
leave, or otherwise outside of compensated public time.
   (3) An election victory celebration or similar campaign event, or
gifts with a total cumulative value of less than two hundred fifty
dollars ($250) in a single year made to an individual employee, a
committee worker, or an employee of the elected officer's agency, are
considered to be directly related to a political, legislative, or
governmental purpose. For purposes of this paragraph, a gift to a
member of a person's immediate family shall be deemed to be a gift to
that person.
   (g) Campaign funds shall not be used to make loans other than to
organizations pursuant to Section 89515, or, unless otherwise
prohibited, to a candidate for elective office, political party, or
committee.


89514.  Expenditures of campaign funds for attorney's fees and other
costs in connection with administrative, civil, or criminal
litigation are not directly related to a political, legislative, or
governmental purpose except where the litigation is directly related
to activities of a committee that are consistent with its primary
objectives or arises directly out of a committee's activities or out
of a candidate's or elected officer's activities, duties, or status
as a candidate or elected officer, including, but not limited to, an
action to enjoin defamation, defense of an action to enjoin
defamation, defense of an action brought for a violation of state or
local campaign, disclosure, or election laws, and an action arising
from an election contest or recount.



89515.  Campaign funds may be used to make donations or loans to
bona fide charitable, educational, civic, religious, or similar
tax-exempt, nonprofit organizations, where no substantial part of the
proceeds will have a material financial effect on the candidate,
elected officer, campaign treasurer, or any individual or individuals
with authority to approve the expenditure of campaign funds held by
a committee, or member of his or her immediate family, and where the
donation or loan bears a reasonable relation to a political,
legislative, or governmental purpose.



89516.  Notwithstanding Sections 89512 and 89513, this section
governs the use of campaign funds for vehicle expenses.
   (a) Campaign funds shall not be used to purchase a vehicle unless
both of the following apply:
   (1) Title to the vehicle is held by the committee and not the
candidate, elected officer, campaign treasurer, or any other
individual or individuals with authority to approve the expenditure
of campaign funds held by a committee, or a member of his or her
immediate family.
   (2) The use of the vehicle is directly related to a political,
legislative, or governmental purpose.
   (b) Campaign funds shall not be used to lease a vehicle unless
both of the following apply:
   (1) The lessee is the committee, or a state or local government
agency and not the candidate, elected officer, or a member of his or
her immediate family; or the lessor is a state or local government
agency.
   (2) The use of the vehicle is directly related to a political,
legislative, or governmental purpose.
   (c) Campaign funds may be used to pay for or reimburse the
operating costs, including, but not limited to, insurance,
maintenance, and repairs, for any vehicle for which campaign funds
may be spent pursuant to this section.
   (d) Campaign funds may be used to reimburse a candidate, elected
officer, his or her immediate family, or any individual or
individuals with authority to approve the expenditure of campaign
funds held by a committee, or an employee or member of the staff of
the committee or of the elected officer's governmental agency, for
the use of his or her vehicle at the rate approved by the Internal
Revenue Service pursuant to Section 162 of the Internal Revenue Code
in connection with deductible mileage expenses under the federal
income tax law, if both of the following requirements are met:
   (1) The vehicle use for which reimbursement is sought is directly
related to political, governmental, or legislative purposes.
   (2) The specific purpose and mileage in connection with each
expenditure is documented in a manner approved by the Internal
Revenue Service in connection with deductible mileage expenses.
   (e) For the purposes of this section, use of a vehicle is
considered to be directly related to a political, legislative, or
governmental purpose as long as its use for other purposes is only
incidental to its use for political, legislative, or governmental
purposes.



89517.  (a) Campaign funds shall not be used for payment or
reimbursement for the lease of real property or for the purchase,
lease, or refurbishment of any appliance or equipment, where the
lessee or sublessor is, or the legal title resides, in whole or in
part, in a candidate, elected officer, campaign treasurer, or any
individual or individuals with authority to approve the expenditure
of campaign funds, or member of his or her immediate family.
   (b) Campaign funds shall not be used to purchase real property.
Except as prohibited by subdivision (a), campaign funds may be used
to lease real property for up to one year at a time where the use of
that property is directly related to political, legislative, or
governmental purposes.
   (c) For the purposes of this section, real property, appliance, or
equipment is considered to be directly related to a political,
legislative, or governmental purpose as long as its use for other
purposes is only incidental to its use for political, legislative, or
governmental purposes.


89517.5.  Notwithstanding Section 89517, campaign funds may be used
to pay, or reimburse the state, for the costs of installing and
monitoring an electronic security system in the home or office, or
both, of a candidate or elected officer who has received threats to
his or her physical safety, provided that the threats arise from his
or her activities, duties, or status as a candidate or elected
officer and that the threats have been reported to and verified by an
appropriate law enforcement agency. Verification shall be determined
solely by the law enforcement agency to which the threat was
reported. The candidate or elected officer shall report any
expenditure of campaign funds made pursuant to this section to the
commission. The report to the commission shall include the date that
the candidate or elected officer informed the law enforcement agency
of the threat, the name and phone number of the law enforcement
agency, and a brief description of the threat. No more than five
thousand dollars ($5,000) in campaign funds may be used,
cumulatively, by a candidate or elected officer pursuant to this
subdivision. The candidate or elected officer shall reimburse the
campaign fund account for the costs of the security system upon sale
of the property where the security equipment is installed, based on
the fair market value of the security equipment at the time the
property is sold.



89518.  (a) Campaign funds shall not be used to compensate a
candidate or elected officer for the performance of political,
legislative, or governmental activities, except for reimbursement of
out-of-pocket expenses incurred for political, legislative, or
governmental purposes.
   (b) Campaign funds shall not be used to compensate any individual
or individuals with authority to approve the expenditure of campaign
funds for the performance of political, legislative, or governmental
activities, except as provided in subdivision (b) of Section 89513
and for reimbursement of out-of-pocket expenses incurred for
political, legislative, or governmental purposes.



89519.  (a) Upon leaving any elected office, or at the end of the
postelection reporting period following the defeat of a candidate for
elective office, whichever occurs last, campaign funds raised after
January 1, 1989, under the control of the former candidate or elected
officer shall be considered surplus campaign funds and shall be
disclosed pursuant to Chapter 4 (commencing with Section 84100).
   (b) Surplus campaign funds shall be used only for the following
purposes:
   (1) The payment of outstanding campaign debts or elected officer's
expenses.
   (2) The repayment of contributions.
   (3) Donations to any bona fide charitable, educational, civic,
religious, or similar tax-exempt, nonprofit organization, where no
substantial part of the proceeds will have a material financial
effect on the former candidate or elected officer, any member of his
or her immediate family, or his or her campaign treasurer.
   (4) Contributions to a political party committee, provided the
campaign funds are not used to support or oppose candidates for
elective office. However, the campaign funds may be used by a
political party committee to conduct partisan voter registration,
partisan get-out-the-vote activities, and slate mailers as that term
is defined in Section 82048.3.
   (5) Contributions to support or oppose any candidate for federal
office, any candidate for elective office in a state other than
California, or any ballot measure.
   (6) The payment for professional services reasonably required by
the committee to assist in the performance of its administrative
functions, including payment for attorney's fees for litigation which
arises directly out of a candidate's or elected officer's
activities, duties, or status as a candidate or elected officer,
including, but not limited to, an action to enjoin defamation,
defense of an action brought of a violation of state or local
campaign, disclosure, or election laws, and an action from an
election contest or recount.
   (c) For purposes of this section, the payment for, or the
reimbursement to the state of, the costs of installing and monitoring
an electronic security system in the home or office, or both, of a
candidate or elected officer who has received threats to his or her
physical safety shall be deemed an outstanding campaign debt or
elected officer's expense, provided that the threats arise from his
or her activities, duties, or status as a candidate or elected
officer and that the threats have been reported to and verified by an
appropriate law enforcement agency. Verification shall be determined
solely by the law enforcement agency to which the threat was
reported. The candidate or elected officer shall report any
expenditure of campaign funds made pursuant to this section to the
commission. The report to the commission shall include the date that
the candidate or elected officer informed the law enforcement agency
of the threat, the name and the telephone number of the law
enforcement agency, and a brief description of the threat. No more
than five thousand dollars ($5,000) in surplus campaign funds may be
used, cumulatively, by a candidate or elected officer pursuant to
this subdivision. Payments made pursuant to this subdivision shall be
made during the two years immediately following the date upon which
the campaign funds become surplus campaign funds. The candidate or
elected officer shall reimburse the surplus fund account for the fair
market value of the security system no later than two years
immediately following the date upon which the campaign funds became
surplus campaign funds. The campaign funds become surplus campaign
funds upon sale of the property on which the system is installed, or
prior to the closing of the surplus campaign fund account, whichever
comes first. The electronic security system shall be the property of
the campaign committee of the candidate or elected officer.



89520.  The remedies provided in Chapter 11 (commencing with Section
91000) shall not apply to violations of this chapter.



89521.  Any person who makes or receives an honorarium, gift, or
expenditure in violation of this chapter is liable in a civil action
brought by the commission for an amount of up to three times the
amount of the unlawful honorarium, gift, or expenditure.




89522.  This chapter shall not be construed to permit an expenditure
of campaign funds prohibited by Section 18680 of the Elections Code.