AO 2024-09: Use of campaign funds for eldercare expenses
Congresswoman Nanette Barragán may use campaign funds to pay for certain eldercare expenses to the extent they are incurred as a direct result of her own campaign activity or certain official officeholder duties.
Background
Congresswoman Barragán currently represents California’s 44th Congressional District and is a candidate in the 2024 election. Barragán for Congress (the committee) is her principal campaign committee. Congresswoman Barragán’s mother suffers from several severe health conditions and requires 24-hour care. The Congresswoman resides in her mother’s home, holds power of attorney, and manages her care.
Since January 2023, Congresswoman Barragán has secured the services of several caregivers but has experienced gaps in coverage, which she expects will continue.
Congresswoman Barragán asked whether she could use campaign funds to pay for caregiving to cover gaps when she is not able to provide the care herself for campaign or officeholder-related reasons.
Analysis
Under the Federal Election Campaign Act (the Act) and Commission regulations, campaign funds may not be converted to personal use. The Act and Commission regulations define “personal use” as the use of campaign funds “to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign” or duties as a federal officeholder. The regulations provide a non-exhaustive list of expenses that, when paid using campaign funds, constitute per se personal use. For expenses not included on this list, the Commission determines, on a case-by-case basis, whether the use is a prohibited “personal use”—that is, whether the expense would exist irrespective of the candidate’s campaign or federal officeholder duties.
The Commission has not previously addressed in advisory opinions the use of campaign funds to pay eldercare expenses but has approved their use for childcare expenses that would not have existed absent campaign activity.
Payment of eldercare expenses
As primary caregiver with power of attorney over her mother, Congresswoman Barragán has a legal responsibility to ensure that her mother receives necessary care. When she is away from home and cannot care for her mother herself, Congresswoman Barragán incurs costs for her mother’s care.
The Commission concluded that Congresswoman Barragán may use campaign funds to pay to fill gaps in her mother’s care that arise when she is in her district or travels to other destinations for official campaign events, such as fundraising events and meetings with campaign supporters, because those expenses directly result from Congresswoman Barragan’s participation in such events and therefore would not exist irrespective of her campaign.
Likewise, when Congresswoman Barragán travels as part of an official Congressional Member Delegation (CODEL) or to Washington, DC, to cast votes in Congress, the associated caregiving costs directly result from her duties as a federal officeholder. As such, the use of campaign funds to fill unanticipated gaps in care would not exist irrespective of her duties as a federal officeholder and would not be a prohibited personal use.
The Commission declined to render an opinion with respect to various additional campaign or officeholder activities including Congresswoman Barragán’s travel with other candidates, to the national convention, in her official capacity as Chair of the Congressional Hispanic Caucus, or for unspecified official activity.
Date Issued: October 10, 2024; Length: 7 pages
Citations
Regulations
11 CFR § 113.1(g)
Definition of personal use
11 CFR § 113.2(a),(e)
Permissible non-campaign use of funds
Advisory Opinions
AO 1995-42
McCrery
AO 2018-06
Liuba for Congress
AO 2019-13
MJ for Texas
AO 2022-07
Swalwell