N.Y. Election Law § 14-130: Campaign funds for personal use

§ 14-130. Campaign funds for personal use. 1. Contributions received

by a candidate or a political committee may be expended for any lawful

purpose. Such funds shall not be converted by any person to a personal

use which is unrelated to a political campaign or the holding of a

public office or party position.

2. No contribution shall be used to pay interest or any other finance

charges upon monies loaned to the campaign by such candidate or the

spouse of such candidate.

3. For the purposes of this section, contributions "converted by any

person to a personal use" are expenditures that are exclusively for the

personal benefit of the candidate or any other individual, not in

connection with a political campaign or the holding of a public office

or party position. "Converted by any person to a personal use", when

meeting the definition in this subdivision, shall include, but not be

limited to, expenses for the following:

(i) any residential or household items, supplies or expenditures,

including mortgage, rent or utility payments for any part of any

personal residence of a candidate or officeholder or a member of the

candidate's or officeholder's family that are not incurred as a result

of, or to facilitate, the individual's campaign, or the execution of his

or her duties of public office or party position. In the event that any

property or building is used for both personal and campaign use or as

part of the execution of his or her duties of public office or party

position, personal use shall constitute expenses that exceed the

pro-rated amount for such expenses based on fair-market value.

(ii) mortgage, rent, or utility payments to a candidate or

officeholder for any part of any non-residential property that is owned

by a candidate or officeholder or a member of a candidate's or

officeholder's family and used for campaign purposes, to the extent the

payments exceed the fair market value of the property's usage for

campaign activities;

(iii) clothing, other than items that are used in the campaign or in

the execution of the duties of public office or party position;

(iv) tuition payments unrelated to a political campaign or the holding

of a public office or party position;

(v) salary payments or other compensation provided to any person for

services where such services are not solely for campaign purposes or

provided in connection with the execution of the duties of public office

or party position;

(vi) salary payments or other compensation provided to a member of a

candidate's family, unless the family member is providing bona fide

services to the campaign. If a family member provides bona fide services

to a campaign, any salary payments or other compensation in excess of

the fair market value of the services provided shall be considered

payments for personal use;

(vii) admission to a sporting event, concert, theater, or other form

of entertainment, unless such event is part of, or in connection with, a

campaign or is related to the holding of public office or party

position;

(viii) payment of any fines or penalties assessed against the

candidate pursuant to this chapter or in connection with a criminal

conviction or by the joint commission for public ethics pursuant to

section ninety-four of the executive law or sections seventy-three or

seventy-three-a of the public officers law or the legislative ethics

commission pursuant to section eighty of the legislative law;

(ix) dues, fees, or gratuities at a country club, health club,

recreational facility or other entities with a similar purpose, unless

they are expenses connected with a specific fundraising event or

activity associated with a political campaign or the holding of public

office or party position that takes place on the organization's

premises;

(x) travel expenses including automobile purchases or leases, unless

used for campaign purposes or in connection with the execution of the

duties of public office or party position and usage of such vehicle

which is incidental to such purposes or the execution of such duties;

and

(xi) childcare expenses, other than expenses incurred in the campaign

or in the execution of the duties of public office or party position.

4. Nothing in this section shall prohibit a candidate from purchasing

equipment or property from his or her personal funds and leasing or

renting such equipment or property to a committee working directly or

indirectly with him to aid or participate in his or her nomination or

election, including an exploratory committee, provided that the

candidate and his or her campaign treasurer sign a written lease or

rental agreement. Such agreement shall include the lease or rental

price, which shall not exceed the fair lease or rental value of the

equipment. The candidate shall not receive lease or rental payments

which, in the aggregate, exceed the cost of purchasing the equipment or

property.

5. Nothing in this section shall prohibit an elected public

officeholder from using campaign contributions to facilitate, support,

or otherwise assist in the execution or performance of the duties of his

or her public office.

6. The state board of elections shall issue advisory opinions upon

request regarding expenditures that may or may not be considered

personal use of contributions. Any formal or informal advisory opinions

issued by a majority vote of the commissioners of the state board of

elections shall be binding on the board, the chief enforcement counsel

established by subdivision three-a of section 3-100 of this chapter, and

in any subsequent civil or criminal action or proceeding or

administrative proceeding.