AO 2006-07: Committee may promote candidate’s book on website

A campaign committee may incur de minimis costs to post on its website material promoting the candidate’s book, without violating the ban on personal use of campaign funds.

Background

J.D. Hayworth for Congress seeks to place information on its web site promoting the candidate’s book, Whatever It Takes. The committee proposed two alternatives. The first would alert visitors to the book release and invite them to purchase copies at either a bookstore or an online bookstore, such as Amazon.com. The second would provide a link to Amazon.com.

Analysis

While a candidate’s campaign committee has wide discretion on the use of campaign funds, neither the candidate nor any other person may use contributions for personal use. 11 CFR 113.2 and 113.1(g). A personal use occurs when a “contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign or individual’s duties as a holder of Federal office.” 2 U.S.C. 439a(b)(2). The expense of marketing a book exists irrespective of a candidate’s campaign, thus a committee cannot ordinarily use campaign contributions to pay the expense. In this situation, however, the committee may promote the book using either alternative because the cost of doing so is de minimis. Compare 11 CFR 113.1(g)(1)(ii)(D) permitting de minimis vehicle expenses for personal activities.

The Commission expressed no opinion as to the application of House rules or tax law, as those areas fall outside its jurisdiction.

Length: 4 pages; Date: April 20, 2006