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      FEC Record: Advisory opinions
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      AO 2022-07: Use of campaign funds for overnight childcare expenses

FEC Record: Advisory opinionsAO 2022-07: Use of campaign funds for overnight childcare expensesAugust 3, 2022 Campaign funds may be used to pay for overnight childcare expenses the candidate incurs when traveling for his own campaign and his spouse is not available to care for their children. Background Congressman Swalwell currently represents California’s 15th Congressional District and is a candidate for California’s 14th Congressional District in the 2022 elections. Swalwell for Congress (the committee) is his principal campaign committee. Congressman Swalwell and his wife work full-time and have three young children at home. The Congressman often pays for childcare when conducting campaign activities locally. According to the request, Congressman Swalwell is expected to travel and be away overnight as part of his duties as an office holder, a candidate, and a fundraiser for other Democratic candidates. Also, as a well-known member of Congress, he receives many invitations from foreign governments for official visits that require him and his spouse to be away for several days. Analysis Congressman Swalwell asked whether he could use campaign funds to pay for overnight childcare if he travels for campaign events for his campaign or other campaigns, if his spouse is not available to care for the children; and whether the committee can pay for childcare expenses, including overnight, for Congressman’s Swalwell’s children if he travels at the request of foreign governments or other entities because of his status as a congressman. Under the Federal Election Campaign Act (the Act) and Commission regulations, campaign funds may be used to defray expenses in connection with a candidate’s campaign for federal office. However, campaign funds may not be converted to personal use by any person. 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 Act and Commission regulations do not expressly address childcare expenses. In Advisory Opinions 2018-06 and 2019-13, the Commission determined that candidates could use campaign funds to pay childcare expenses to the extent the expenses were a “direct result of campaign activity” as these expenses would not have existed irrespective of the candidates’ campaigns. Consistent with those precedents, the Commission determined Congressman Swalwell may use campaign funds to pay for overnight childcare for his campaign events if his spouse is not available to care for their children, because the expenses would not exist irrespective of Congressman Swalwell’s campaign. The Commission could not approve a response by the required four votes as to whether Congressman Swalwell could use campaign funds to pay for overnight childcare if he travels for other candidates’ campaign events or at the request of foreign governments or other entities. Date Issued: July 25, 2022; Length: 5 pages Citations Regulations 11 CFR § 113.1(g)Definition of personal use Advisory Opinions 1995-42 (McCrery) 2018-06 (Liuba for Congress) 2019-13 (MJ for Texas) Resources Advisory opinion 2022-07Commission consideration of AO 2022-07
 Author
          Mary Ann BakerCommunications Specialist


Read next: AO 2022-06: Committee is neither a leadership PAC nor affiliated with those of its board members
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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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