Alabama Advisory Opinions March 20, 2000: AGO 2000-106 (March 20, 2000)

Alabama Attorney General Opinions

2000.

AGO 2000-106.

Dear Senator Figures:

This opinion of the Attorney General is issued in response to your request.

QUESTIONS

May campaign funds be used to purchase furniture for use in my Senate office at the State House? If so, may I reimburse myself for the amount of personal funds that were used to purchase the furniture?

FACTS AND ANALYSIS

Section 17-22A-7 of the Fair Campaign Practices Act provides for the use of campaign contributions. It states, in pertinent part, as follows:

(a) A candidate, public official, or principal campaign committee as defined in this chapter, may only use campaign contributions, and any proceeds from investing the contributions that are in excess of any amount necessary to defray expenditures of the candidate, public official, or principal campaign committee, for the following purposes:

* * *

(2) Expenditures that are reasonably related to performing the duties of the office held. For purposes of this section, expenditures that are reasonably related to performing the duties of the office held do not include personal and legislative living expenses, as defined in this chapter.

ALA. CODE § 17-22A-7 (Supp. 1999). The term "personal and legislative living expenses" is defined as follows:

Household supplies, personal clothing, tuition payments, mortgage, rent, or utility payments for a personal residence; admission to an entertainment event or fees for a country club or social club, unless tied to a specific campaign event or functions involving constituents; and any other expense, excluding food and beverages, that would exist irrespective of the candidate's campaign or duties as a Legislator. Personal and legislative living expenses shall not include expenses for food, beverages, travel, or communications incurred by the Legislator in the performance of the office held.

ALA. CODE § 17-22A-2(9) (Supp. 1999).

State Senators maintain offices in the State House and use those offices in the performance of their duties in the Senate. The cost of furniture to be used in a Senate office is an expenditure that is "reasonably related to performing the duties of the office held" and would not be considered "personal and legislative living expenses." Accordingly, a Senator may use campaign funds to pay for the office furniture directly or may be personally reimbursed for the cost of the furniture out of campaign funds. In any case, a record of this expenditure should be maintained and reported in the appropriate report of contributions and expenditures filed by the elected official pursuant to section 17-22A-8 of the Code of Alabama. See ALA. CODE § 17-22A-8 (1995).

CONCLUSION

A State Senator may use campaign funds to pay for office furniture used in his or her Senate office.

I hope this opinion answers your questions. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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