AO 2023-04: Congressman may use campaign funds to pay for security film on his home windows
Guy for Congress (the committee), the principal campaign committee of Congressman Guy Reschenthaler, may use campaign funds to purchase and install a special security film on the windows of his home. Because the expense arose from the Congressman’s duties as a federal officeholder, it is a permissible use of campaign funds under the Federal Election Campaign Act (the Act) and Commission regulations.
Background
According to the committee, individuals have verbally harassed Congressman Reschenthaler and his staff both at his private residence and district office. Congressman Reschenthaler has also received numerous threats of violence, which have been reported to Capitol Police. The committee believes that the Congressman’s appointment as Chief Deputy Whip of the House Republican Caucus is reasonably likely to make him even more of a target.
The committee seeks to purchase and install a special security film on the windows of the Congressman’s home. The security film is not a permanent fixture and can generally be removed when applied correctly.
Analysis
The Act and Commission regulations permit a federal officeholder to use campaign funds for “ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office” and for “any other lawful purpose” that does not constitute conversion of campaign funds to personal use.
The Commission has previously approved the use of campaign funds to protect against threats to federal officeholders’ physical safety, on the grounds that the need for such security expenses would not exist irrespective of their duties as an officeholder. In reaching that conclusion, the Commission has considered information from the House Sergeant at Arms about the threats faced by Members of Congress collectively due to their status as federal officeholders, and the recommendation of the Capitol Police that Members of Congress install or upgrade residential security systems.
Consistent with those precedents, the Commission concluded that the Committee may use campaign funds to purchase and install special security film on the windows of Congressman Reschenthaler’s home because it would be an ordinary and necessary expense incurred in connection with his duties as a federal officeholder.
Date Issued: July 13, 2023; Length: 5 pages
Citations
Statutes
52 U.S.C. 30114(a)
Permitted uses of campaign funds
Regulations
11 CFR § 113.2
Permissible non-campaign use of funds