Federal Election Commission Main Page
FEDERAL ELECTION COMMISSION
Washington, DC 20463
August 19, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 2005-09
Marc E. Elias, Esq.
Perkins Coie LLP
607 14th Street, N.W.
Washington, D.C. 20005-2011
Dear Mr. Elias:
We are responding to your advisory opinion request on
behalf of Friends of Chris Dodd 2004 ("the Committee") regarding
whether, under the Federal Election Campaign Act of 1971, as
amended ("the Act"), and Commission regulations, the Committee
may use campaign funds to pay for certain travel expenses of
Senator Dodd's minor children.
The Commission concludes that the Committee may use
campaign funds to defray the costs of travel by Senator Dodd's
minor children to accompany their parents between their home in
Connecticut and Washington, D.C., provided that the parents are
traveling to participate in a function directly connected to the
Senator's bona fide official responsibilities.
Background
The facts of this request are presented in your letter
received on June 27, 2005 and in your e-mail communication
received on July 15, 2005.
Senator Dodd is a United States Senator from Connecticut.
His principal campaign committee is Friends of Chris Dodd 2004.
Senator Dodd travels regularly between his home in
Connecticut and Washington, D.C. in connection with his official
duties, and his travel expenses are paid for in accordance with
Senate rules and Commission regulations. Senator Dodd's wife
travels from their home in Connecticut to participate in events
taking place in Washington, D.C. relating to Senator Dodd's
official duties, "such as fact-finding events, speaking
engagements, and constituent meetings."
Senator Dodd and his wife have two daughters: one is three
years old, and the other is an infant. Due to the daughters'
young ages, they accompany Senator Dodd and his wife when both
parents travel between Connecticut and Washington, D.C.
Question Presented
May Friends of Chris Dodd 2004 use campaign funds to pay
for the travel expenses of Senator Dodd's minor children when
the purpose of the travel is to attend officially connected
events?
Legal Analysis and Conclusion
Yes, the Committee may use campaign funds to pay for the
travel expenses of Senator Dodd's minor children to accompany
the Senator and his wife when the purpose of the travel is to
attend or participate in events officially connected to Senator
Dodd's status as a Federal officeholder.
The Act identifies six categories of permissible uses of
contributions accepted by a Federal candidate. They are (1)
otherwise authorized expenditures in connection with the
candidate's campaign for Federal office; (2) ordinary and
necessary expenses incurred in connection with the duties of the
individual as a holder of Federal office; (3) contributions to
organizations described in 26 U.S.C. 170(c); (4) transfers,
without limitation, to national, State or local political party
committees; (5) donations to State and local candidates subject
to the provisions of State law; and (6) any other lawful purpose
not prohibited by 2 U.S.C. 439a(b). See 2 U.S.C. 439a(a); see
also 11 CFR 113.2(a)-(c).
Contributions accepted by a candidate may not, however, be
converted to "personal use" by any person. 2 U.S.C. 439a(b)(1);
11 CFR 113.2. Commission regulations define "personal use" as
"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." 11 CFR 113.1(g);
see also 2 U.S.C. 439a(b)(2).
The Act and Commission regulations list a number of expense
categories that would constitute personal use, such as household
food items or supplies, clothing, tuition payments, home
mortgage, rent, and utility payments. See 2 U.S.C. 439a(b)(2);
11 CFR 113.1(g)(1)(i). The list does not include travel
expenses. The Commission considers on a case-by-case basis
whether specific, unlisted uses constitute "personal use." See
11 CFR 113.1(g)(1)(ii). Accordingly, the Commission analyzes
the payment of travel expenses, including subsistence expenses
incurred during travel, on a case-by-case basis under 11 CFR
113.1(g)(1)(ii)(C).
Commission regulations further specify that certain travel
costs qualify as "ordinary and necessary expenses incurred in
connection with" one's duties as a Federal officeholder.
11 CFR 113.2(a), (a)(1). These expenses specifically include
the costs of travel for a Federal officeholder and an
accompanying spouse to participate in a function directly
connected to bona fide official responsibilities, such as a fact-
finding meeting or an event at which the officeholder's services
are provided through a speech or appearance in an official
capacity.
11 CFR 113.2(a)(1). In explaining the application of the travel
cost provision, the Commission recognized "that an
officeholder's spouse is often expected to attend these
functions with the officeholder." Explanation and
Justification, Final Rules on Personal Use of Campaign Funds, 60
FR 7862, 7872 (1995). The Commission noted that the spouse's
attendance alone constitutes a form of participation in the
function. Id.
Section 113.2(a) of the Commission's regulations does not
specifically include the costs of travel for accompanying
children. The facts in this case, however, are similar to those
in Advisory Opinion 1995-20. In Advisory Opinion 1995-20, a
Federal candidate and his wife, who served as the candidate's
senior campaign advisor, traveled to their home district for
campaign events. Because of their ages, the candidate's minor
children accompanied the candidate and his wife on their
travels, even though the children themselves participated only
occasionally in campaign events. The Commission specifically
approved the use of campaign funds to pay for the travel
expenses of the Federal candidate's minor children, finding that
the expenditure was required only because of the candidate's
campaign. The Commission concluded that the expenditure was for
travel in connection with a campaign for Federal office, in that
it was to the Congressman's home district in order for him and
his wife to participate in campaign events.
Similarly, here, Senator Dodd and his wife travel between
their home in Connecticut and Washington, D.C. to participate in
functions directly related to Senator Dodd's bona fide official
responsibilities as a holder of Federal office. When Senator
Dodd's minor children accompany him and his wife on these trips,
the costs of the children's travel arise from Senator Dodd's
duties as a Federal officeholder. Such travel is to be
contrasted, for example, with family travel to vacation locales,
or other examples of personal uses of campaign funds.
For these reasons, the Commission concludes that the
Committee may use campaign funds to defray the costs of travel
by Senator Dodd's minor children to accompany their parents
between their home in Connecticut and Washington, D.C., provided
that the parents are traveling to participate in a function
directly connected to the Senator's bona fide official
responsibilities.
Because the proposed disbursements by the Committee do not
constitute expenditures in connection with a campaign for
Federal office, they should be reported as "other disbursements"
with the purpose of the disbursements noted. See 11 CFR
104.3(b)(2)(vi), (4)(vi).
The Commission expresses no opinion regarding the
application of any rules of the United States Senate to, or any
tax ramifications of, the proposed activity, because these
issues are not within its jurisdiction.
This response constitutes an advisory opinion concerning
the application of the Act and Commission regulations to the
specific transaction or activity set forth in your request.
See 2 U.S.C. 437f. The Commission emphasizes that if there is a
change in any of the facts or assumptions presented, and such
facts or assumptions are material to a conclusion presented in
this advisory opinion, then the requestor may not rely on that
conclusion as support for its proposed activity.
Sincerely,
(signed)
Scott E. Thomas
Chairman
Enclosure (AO 1995-20)