AO 2005-09: Campaign may pay travel expenses of a federal candidate’s minor children

“Friends of Chris Dodd,” the principal campaign committee of Senator Chris Dodd, may use campaign funds to pay for the travel expenses of Senator Dodd’s minor children to accompany their parents between their home in Connecticut and Washington, DC, provided that the parents are traveling to participate in functions directly connected to the senator’s bona fide official responsibilities.

Background

Senator Dodd, a United States Senator from Connecticut, travels regularly between his home in Connecticut and Washington, DC in connection with his official duties, and his travel expenses are paid for in accordance with Senate rules and Commission regulations. Senator Dodd’s wife also travels to Washington, DC to participate in events relating to Senator Dodd’s official duties. When both parents travel between Connecticut and Washington, DC, the senator’s two young daughters accompany their parents.

Analysis

The Federal Election Campaign Act (the Act) identifies six categories of permissible uses of contributions accepted by a federal candidate, including “ordinary and necessary expenses incurred in connection with the duties of the individual as a holder of Federal office.” 2 U.S.C. §439a(a) and 11 CFR 113.2(a) In nocase, however, may campaign funds be used for an expense that would exist irrespective of the candidate’s campaign or duties as a federal officeholder, and thus be converted to “personal use.” 2 U.S.C. §439a(b)(1) and 11 CFR 113.1(g). The question of whether payment of travel expenses constitutes personal use is dealt with by the Commission on a case-by-case basis. 11 CFR 113.1(g)(1)(ii).

Commission regulations specify that certain travel costs qualify as “ordinary and necessary expenses incurred in connection with” one’s duties as a federal officeholder. These expenses specifically include the costs of travel for a federal officeholder and an accompanying spouse to participate in a function directly connected to bona fide official responsibilities, such as a fact-finding meeting or an event at which the officeholder’s services are provided through a speech or appearance in an official capacity. 11 CFR 113.2(a)(1).

While the regulations do not specifically include the costs of travel for accompanying children, the facts in this case are similar to those in Advisory Opinion 1995-20. In that opinion, the Commission approved the use of campaign funds to pay for the travel expenses of a federal candidate’s minor children finding that even though the children themselves participated only occasionally in campaign events, the expenditure was required only because of the candidate’s campaign. Similarly, Senator Dodd and his wife travel between their home in Connecticut and Washington, DC, to participate in functions directly related to Senator Dodd’s bona fide official responsibilities as a holder of federal office. When Senator Dodd’s minor children accompany him and his wife on these trips, the costs of the children’s travel arise solely from the senator’s duties as a federal officeholder. Such travel may be contrasted, for example, with family travel to vacation locales or other examples of personal uses of campaign funds. Therefore, payments for the travel expenses of minor children are a permissible use of campaign funds.

AO 2005-09: Date issued: August 18, 2005; Length: 5 pages