2023 New York Laws › ELN - Election › Article 14 - Campaign Receipts and Expenditures; Public Financing › Title 1 - Campaign Receipts and Expenditures › 14-130 - Campaign Funds for Personal Use.

§  14-130.  Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for  any  lawful
purpose.  Such  funds shall not be converted by any person to a personal
use which is unrelated to a political  campaign  or  the  holding  of  a
public office or party position.
2.  No contribution shall be used to pay interest or any other finance
charges upon monies loaned to the campaign  by  such  candidate  or  the
spouse of such candidate.
3.  For  the purposes of this section, contributions "converted by any
person to a personal use" are expenditures that are exclusively for  the
personal  benefit  of  the  candidate  or  any  other individual, not in
connection with a political campaign or the holding of a  public  office
or  party  position.  "Converted  by any person to a personal use", when
meeting the definition in this subdivision, shall include,  but  not  be
limited to, expenses for the following:
(i)  any  residential  or  household  items, supplies or expenditures,
including mortgage, rent  or  utility  payments  for  any  part  of  any
personal  residence  of  a  candidate or officeholder or a member of the
candidate's or officeholder's family that are not incurred as  a  result
of, or to facilitate, the individual's campaign, or the execution of his
or  her duties of public office or party position. In the event that any
property or building is used for both personal and campaign  use  or  as
part  of  the  execution  of his or her duties of public office or party
position,  personal  use  shall  constitute  expenses  that  exceed  the
pro-rated amount for such expenses based on fair-market value.
(ii)   mortgage,   rent,   or  utility  payments  to  a  candidate  or
officeholder for any part of any non-residential property that is  owned
by  a  candidate  or  officeholder  or  a  member  of  a  candidate's or
officeholder's family and used for campaign purposes, to the extent  the
payments  exceed  the  fair  market  value  of  the property's usage for
campaign activities;
(iii) clothing, other than items that are used in the campaign  or  in
the execution of the duties of public office or party position;
(iv) tuition payments unrelated to a political campaign or the holding
of a public office or party position;
(v)  salary  payments or other compensation provided to any person for
services where such services are not solely  for  campaign  purposes  or
provided in connection with the execution of the duties of public office
or party position;
(vi)  salary  payments or other compensation provided to a member of a
candidate's family, unless the family  member  is  providing  bona  fide
services to the campaign. If a family member provides bona fide services
to  a  campaign,  any salary payments or other compensation in excess of
the fair market value of  the  services  provided  shall  be  considered
payments for personal use;
(vii)  admission  to a sporting event, concert, theater, or other form
of entertainment, unless such event is part of, or in connection with, a
campaign or is  related  to  the  holding  of  public  office  or  party
position;
(viii)  payment  of  any  fines  or  penalties  assessed  against  the
candidate pursuant to this chapter or  in  connection  with  a  criminal
conviction  or  by  the  joint  commission for public ethics pursuant to
section ninety-four of the executive law or  sections  seventy-three  or
seventy-three-a  of  the  public  officers law or the legislative ethics
commission pursuant to section eighty of the legislative law;
(ix) dues, fees,  or  gratuities  at  a  country  club,  health  club,
recreational  facility  or other entities with a similar purpose, unless
they are  expenses  connected  with  a  specific  fundraising  event  or

activity  associated  with a political campaign or the holding of public
office  or  party  position  that  takes  place  on  the  organization's
premises;
(x)  travel  expenses including automobile purchases or leases, unless
used for campaign purposes or in connection with the  execution  of  the
duties  of  public  office  or  party position and usage of such vehicle
which is incidental to such purposes or the execution  of  such  duties;
and
(xi)  childcare expenses, other than expenses incurred in the campaign
or in the execution of the duties of public office or party position.
4. Nothing in this section shall prohibit a candidate from  purchasing
equipment  or  property  from  his  or her personal funds and leasing or
renting such equipment or property to a committee  working  directly  or
indirectly  with  him  to aid or participate in his or her nomination or
election,  including  an  exploratory  committee,  provided   that   the
candidate  and  his  or  her  campaign treasurer sign a written lease or
rental agreement. Such agreement  shall  include  the  lease  or  rental
price,  which  shall  not  exceed  the fair lease or rental value of the
equipment. The candidate shall not  receive  lease  or  rental  payments
which,  in the aggregate, exceed the cost of purchasing the equipment or
property.
5.  Nothing  in  this  section  shall  prohibit  an   elected   public
officeholder  from  using campaign contributions to facilitate, support,
or otherwise assist in the execution or performance of the duties of his
or her public office.
6. The state board of elections shall  issue  advisory  opinions  upon
request  regarding  expenditures  that  may  or  may  not  be considered
personal use of contributions. Any formal or informal advisory  opinions
issued  by  a  majority  vote of the commissioners of the state board of
elections shall be binding on the board, the chief  enforcement  counsel
established by subdivision three-a of section 3-100 of this chapter, and
in   any   subsequent   civil   or  criminal  action  or  proceeding  or
administrative proceeding.