AO 2024-10: Former Congressman may not use remaining campaign funds to pay for assistance with writing a book
Former Representative Alan Lowenthal may not use his remaining campaign funds to a pay an assistant or editor to help draft a book or other publication because such payments would constitute a prohibited personal use of campaign funds.
Background
Alan Lowenthal represented California’s 47th congressional district from 2013 until his retirement in 2023. He does not plan to campaign for office again and confirmed that the proposed assistant would not have any duties other than researching and writing the book or other publications described in the request.
The Congressman seeks to use a portion of Alan Lowenthal for Congress’s remaining campaign funds to pay for an assistant or editor to help draft a book or other publication about his experience in office.
Analysis
The Federal Election Campaign Act (the Act) and Commission regulations identify five categories of permissible non-campaign uses of campaign funds, including the “ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office”; and “any other lawful purpose” that is not “personal use.” Conversion to personal use occurs when funds in a campaign account are used “to fulfill any commitment, obligation or expense . . . that would exist irrespective of the candidate’s election campaign or . . . duties as a holder of Federal office.”
Having retired in January 2023, Congressman Lowenthal no longer has ongoing duties as a candidate or officeholder. His decision to publish a written work during retirement is a personal choice unconnected to any campaign or officeholder duties. Accordingly, the expense to hire an assistant, “would exist irrespective of the candidate’s campaign or duties as a federal officeholder.” As a result, the use of the funds to hire an assistant or editor to help draft a book or other publication would constitute personal use of campaign funds and would be prohibited under the Act.
Date Issued: September 19, 2024; Length: 5 pages
Citations
Statutes
52 U.S.C. 30101
Definitions
52 U.S.C. 30114
Use of contributed amounts for certain purposes
Regulations
11 CFR 113.1(g)
Personal use
11 CFR 113.2
Permissible non-campaign use of funds