On March 21, 2018, the Commission published a notification of availability in the Federal Register (83 Fed. Reg. 12283) of a petition for rulemaking regarding the rules for the use of campaign funds by former candidates and officeholders. Comments on the petition are due by May 21, 2018.
The Federal Election Campaign Act and Commission regulations provide that a candidate’s authorized committee may use its funds for several specific purposes, as well as for “any other lawful purpose,” so long as the use does not constitute the conversion of campaign funds to “personal use.” “Personal use” means any use of funds in a campaign account of a present or former candidate to fulfill a commitment, obligation or expense of any person that would exist irrespective of the candidate's campaign or duties as a federal officeholder. The Campaign Legal Center filed a petition for rulemaking asking the Commission to revise and amend 11 CFR 113.1(g) and 113.2, the regulations pertaining to the personal use of campaign funds. The petition specifically seeks to clarify the application of those rules to former candidates and officeholders.
The Commission requests public comment on the petition. Comments must be submitted in writing on or before May 21, 2018. Commenters are encouraged to submit comments electronically via the Commission’s website at http://sers.fec.gov/fosers/ (REG Number 2018-01).