Request By:
Honorable Clyde Middleton
State Senator
24th District
P.O. Box 546
Covington, Kentucky 41012
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of April 29, in which you raise the following questions concerning campaign funds and charitable contributions:
"1. May expenditures be made from campaign funds which are held over from an election, as permitted by the statutes, until the next election for the same office? For example, could a newsletter be published using campaign funds for this expenditure during the period between campaigns?
2. May contributions be made to a charitable organization which has just come into existence, in view of the requirement that previous contributions have been made?
3. May campaign funds be used for charitable contributions in any event?"
We can only respond to your questions for the most part in a general way since the possible misuse of campaign funds under the Corrupt Practices Act is, in the final analysis, a matter for the Registry to determine, based upon the existing factual situation. Nevertheless, in response to your initial question, we quote the following excerpt from KRS 121.180(9):
". . . Any unexpended balance of funds not otherwise obligated for the payment of expenses incurred to further the candidacy of such person shall, at the election of the candidate or committee, be returned pro rata to all contributors or be transferred to the executive committee of the political party of which the candidate is a member except that a candidate, committee or an official may retain such funds to seek election to the same office. " (Emphasis added.)
It is basic that expenditures of campaign funds can be made solely for campaign purposes under the terms of the Corrupt Practices Act. See KRS 121.015, 121.150 and 121.180. Unexpended funds may be retained by the elected officer as the above statute indicates but only for use in the officer's campaign for reelection to the same office. Generally speaking, the publication of a newsletter by an office holder between campaigns would not and could not involve an expenditure for which left-over campaign funds could be used unless the publication clearly indicates by its content that the incumbent is in fact a candidate seeking reelection to office and, further, the contents relate to campaign matters. Of course, as we indicated initially, the question of whether or not left-over campaign funds are being used illegally in connection with the publication of a newsletter is one for review and investigation by the Registry pursuant to its enforcement powers under the Act.
In response to your second question we refer to KRS 121.150(2), which reads as follows:
"(2) The solicitation from and contributions by candidates and party executive committees to any religious, charitable, civic, eleemosynary or other causes or organizations established primarily for the public good is expressly prohibited; provided that it shall not be construed as a violation of this section for a candidate to continue regular personal contributions to religious, civic or charitable groups, of which he is a member or to which he has been a regular contributor for more than six (6) months."
The above statute clearly prohibits campaign contributions by or on behalf of a candidate, to charitable organizations, irrespective of whether they are so-called left-over campaign funds. A candidate can, of course, continue to contribute his regular personal contributions unrelated to political campaigns to charitable organizations of which he is a member or to which he has been a regular contributor for more than six months. However, unless and until the officer becomes a candidate for reelection within the meaning of the term as defined in KRS 121.015(7), the personal contribution restriction under KRS 121.150(2) would have no application. Here again the answer to your question depends on the factual situation and a matter for the Registry to determine.
The answer to your third question as to whether campaign funds can be used for charitable contributions would be in the negative in light of the clear language expressed in KRS 121.150(2) quoted above and our response to your second question.