Media reports of a meeting, during the past presidential campaign, between Donald Trump, Jr. and a Kremlin-connected Russian lawyer for the purpose of obtaining information damaging to Hillary Clinton, reminds us of the complex nature of campaign-finance laws and the need to tread carefully when making contributions or expenditures.
Federal law strictly prohibits making or promising to make, soliciting, accepting or receiving contributions from foreign nationals in connection with any federal election and the making of any expenditure by a foreign national in connection with any federal election. "Contributions" and "expenditures" are not limited to money, they are
anything of value given, loaned, advanced, deposited, purchased, paid or made to influence a federal election.
Florida law also broadly defines contributions and expenditures. At bottom, campaign funds may only be given and used for the purpose of influencing the results of an election. This leaves a lot to interpretation, and you might be surprised to learn the kinds of expenses that were and were not permitted. Below are some real-world examples of campaign expenditures found permissible or impermissible under applicable Florida law:
- Trailer hitch ball and security chain, posthole digger, and sign tie-downs
✓
Permitted (for hauling and installing campaign signs)
✗
Not permitted (believe it or not, one candidate improperly bought kitty litter, cat food, dryer sheets, and laundry detergent with campaign funds)
- Transportation, meals and lodging
✓
Permitted (only if campaign travel-related)
- Matching clothing for campaign workers
✓
Permitted (only if used for campaign purposes, such as identifying canvassers)
- Using petty cash to pay campaign workers or vendors
✗
Not permitted (petty cash is restricted to purchases of $100 or less for items such as office supplies, transportation, and other small-dollar campaign necessities)
- Payments for a "campaign jeep," including insurance
✓
Permitted (only if used exclusively for campaign purposes, such as transportation to campaign-related events)
- Money or gift cards to voters
✗
Not permitted (things of value cannot be provided to incentivize or reward people for voting)
- Paying the candidate's personal business for services rendered to the campaign
✓
Permitted (such payments must be limited to the fair market value)
- Contributing to another candidate or to a political committee supporting another candidate
✗
Not permitted (candidates may only use personal or business funds to contribute to another candidate or political committee)
- Admission ticket to a charity event
✓
Permitted (only if the candidate attends for a campaign purpose, such as networking, and the ticket is not purchased in exchange for political support or a speaking opportunity)
- Campaign office rent and utilities
✓
Permitted (OK, that's an easy one)
- Paying the candidate a salary
✗
Not permitted (not ever)
Some of the examples may seem counter-intuitive and the interpretation of the election laws is subject to change. If you have any doubt about whether campaign funds may be used for a particular expense, be sure to consult with a professional.
IS THAT LEGAL?
