AO 2010-26: Campaign funds may be used for moving-related storage costs

A retiring Member of Congress may use campaign funds to pay for temporary storage costs associated with his move from Washington, D.C., back to his home state. These expenses arise from the ordinary and necessary duties of a federal officeholder, and can therefore be paid with campaign funds. 

Background 

Representative Brian Baird plans to retire from Congress when the current term ends, and return to his home state. 

To prepare for the move, the Baird family has placed nearly half of the items from its Washington, D.C. residence into a storage facility. These items will remain in storage from mid-August to mid-December 2010. Baird for Congress, the Congressman’s principal campaign committee, seeks to pay the storage costs with campaign funds. 

The Baird family is paying the full, normal rate for the storage and neither Representative Baird nor his family members have any personal, commercial or political relationship with the storage company. 

Analysis

The Federal Election Campaign Act (the Act) prohibits personal use of campaign funds. The Act and Commission regulations define “personal use” as the use of funds “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), 11 CFR 113.1(g). 

The Act and Commission regulations provide a non-exhaustive list of items that are considered per se personal use. 11 CFR 113.1(g)(1)(i)(A)-(J). For items not on that list, such as the storage expenses incurred by Representative Baird and his family, the Commission determines on a case-by-case basis whether the expense is considered “personal use.” 

In previous advisory opinions, the Commission has addressed whether Members of Congress can use campaign funds to move themselves, their family members and their household and office furnishings between Washington, D.C. and their home states. AOs 1980-138, 1987-11, and 1996-14. In each case, these expenses were considered to be in connection with the duties of a federal officeholder, meaning the personal use ban did not apply. 

In keeping with these precedents, the Commission found the costs of temporarily storing the Baird family’s household items to be part of the moving process, and thus ordinary and necessary expenses in connection with Representative Baird’s duties as a holder of federal office. As a result, Baird for Congress may use campaign funds to pay the storage expenses. The Committee must report the payments as “other disbursements.” 

AO 2010-26: Date issued: November 18, 2010; Length: 4 pages.