B. Personal use. Personal use includes the use of funds in a campaign account for:

1. Household food items or supplies;

2. Funeral, cremation, or burial expenses, except those incurred for a candidate or an employee or volunteer of an authorized committee whose death arises out of, or in the course of, campaign activity;

3. A clothing purchase, except for clothing of a de minimis value that is used in the campaign, such as tee shirts and caps imprinted with a campaign slogan;

4. A tuition payment other than those associated with the training of campaign staff;

5. A home, mortgage, rent, or utility payment:

a. For any part of any personal residence of the candidate or member of the candidate's family; or

b. For real or personal property that is owned by the candidate or a member of the candidate's family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;

6. Admission to a sporting event, a concert, a theater, or any other form of entertainment not associated with an election campaign or officeholder activity;

7. Dues, fees, or other payments to a health club, recreational facility, or other nonpolitical organization, unless the payments are made in connection with a specific fundraising event that takes place on the organization's premises;

8. A country club membership;

9. Salary payments to a member of a candidate's family, unless the family member is providing bona fide services to the campaign and receives compensation that is no greater than the fair market value of the services provided;

10. A vacation or other non-campaign-related trip;

11. A non-campaign-related automobile expense; or

12. Compensation paid to the candidate or officeholder, unless otherwise permitted by law.

C. Case-by-case determinations. The board will determine on a case-by-case basis whether other uses of funds in a campaign account fulfill a commitment, obligation, or other expense that would exist irrespective of the candidate's campaign or duties as an officeholder and therefore are personal use.

Examples of other uses include:

1. Legal expenses;

2. Meal expenses;

3. Travel expenses, including subsistence expenses incurred during travel. If a committee uses campaign funds to pay reasonable expenses associated with travel that involves both personal activities and campaign or officeholder-related activities, the incidental expenses that result from personal activities are personal use, unless the person benefiting from this use reimburses the campaign account within 30 days for the amount of the incremental expenses;

4. Vehicle expenses, unless the expense is a de minimis amount. If a campaign uses campaign funds to pay expenses associated with a vehicle that is used for both personal activities beyond a de minimis amount and campaign or officeholder related activities, the portion of the vehicle expenses associated with the personal activities is personal use, unless the person using the vehicle for personal activities reimburses the campaign account within 30 days for the expenses associated with the personal activities. Campaign funds may not be used to pay for or reimburse vehicle expenses otherwise provided for under Virginia law; and

5. Dependent care expenses that are incurred as a direct result of the person seeking, holding, or maintaining public office.

D. Non-personal uses. The following uses of donated funds are not considered personal use:

1. Charitable donations to an organization described in 26 USC § 170(c) are not personal use, unless the candidate receives compensation from the organization before the organization has expended the entire amount donated for purposes unrelated to the candidate's personal benefit.

2. Transfers of campaign assets, so long as the transfer is for fair market value. Any depreciation before the transfer must be allocated between the committee and the purchaser based on the useful life of the asset.

3. Gifts of a nominal value made on a special occasion, such as a holiday, graduation, marriage, retirement, or death, unless made to a member of the candidate's family.

4. The use of campaign funds for a political or officially connected expense to the extent the expense is an expenditure that is provided for under Virginia law or an ordinary and necessary expense incurred in connection with the duties of an officeholder. Any use of funds that would be personal under subsection B of this section will not be considered a qualified expenditure or an ordinary and necessary expense incurred in connection with the duties of a state or local officeholder.

E. Permissible non-campaign use of funds. In addition to defraying expenses in connection with a campaign for an office of the Commonwealth, funds in a campaign account:

1. May be used to defray any ordinary and necessary expenses incurred in connection with the recipient's duties as an officeholder or candidate, if applicable, including:

a. The costs of travel by the recipient officeholder and an accompanying spouse to participate in a function directly connected to bona fide official responsibilities, such as a fact-finding meeting or an event at which the officeholder's services are provided through a speech or appearance in an official capacity; or

b. The costs of winding down the office of a former officeholder for a period of six months after the officeholder leaves office;

2. May be disposed of or used in accordance with §§ 24.2-948.4 and 24.2-948.6 of the Code of Virginia; and

3. May be used for any other lawful purpose, unless the use is a personal use under subsection B or C of this section.

Nothing in this subsection modifies or supersedes other federal statutory restrictions or relevant state laws that may apply to the use of campaign or donated funds by candidates or officeholders.

F. Third-party payments. Notwithstanding that the use of funds for a particular expense would be a personal use under this section, payment of that expense by any person other than the candidate or the campaign committee shall be a contribution, as defined in § 24.2-945.1 of the Code of Virginia, to the candidate unless the payment would have been made irrespective of the candidate's candidacy. Examples of payments considered to be irrespective of candidacy include situations where:

1. The payment is made from funds that are the candidate's personal funds, including an account jointly held by the candidate and a member of the candidate's family; and

2. Payments for that expense were made by the person making the payment before the candidate became a candidate or would be made irrespective of the candidate's candidacy. Payments that are compensation shall be considered contributions unless:

a. The compensation results from bona fide employment that is genuinely independent of the candidacy;

b. The compensation is exclusively in consideration of services provided by the employee as part of the employee's employment; and

c. The compensation does not exceed the amount of compensation that would be paid to any other similarly qualified person for the same work over the same period of time.

G. Candidate and officeholder security. The use of campaign funds to pay for the reasonable costs of security measures for a candidate, officeholder, member of the candidate's or officeholder's family, and employees of the candidate's campaign or the officeholder's office is not personal use so long as the security measures address ongoing dangers or threats that would not exist irrespective of the individual's status or duties as a candidate or officeholder.

1. Disbursements for security measures must be for the usual and normal charge for the goods or services. Usual and normal charge means, in the case of goods, the price of those goods in the market in which the goods are ordinarily purchased and, in the case of services, the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.

2. Examples of security measures include:

a. Nonstructural security devices, such as security hardware, locks, alarm systems, motion detectors, and security camera systems;

b. Structural security devices, such as wiring, lighting, gates, doors, and fencing, so long as the devices are intended solely to provide security and not to improve the property or increase its value;

c. Security personnel and services that are bona fide, legitimate, and professional; and

d. Cybersecurity software, devices, and services.

H. Recordkeeping. For the use of campaign funds described in subsections B and C of this section that involve both personal use and either campaign or officeholder use, a contemporaneous log or other record must be kept to document the dates and expenses related to the personal use of the campaign funds. The log must be updated whenever campaign funds are used for personal expenses, as described in subsections B and C of this section, rather than for campaign or officeholder expenses. The log or other record must also be maintained and preserved in accordance with the requirements of § 24.2-947.3 of the Code of Virginia.

I. Exemption. Candidates and federal officeholders subject to 52 USC § 30114 are exempt from this section.

J. Violations.

1. A person may file a complaint for violations of § 24.2-948.6 of the Code of Virginia and this section if the person:

a. Contributes to a candidate or campaign committee that has allegedly committed the violation; or

b. Is qualified to vote in the election for the office for which the candidate is running.

2. A complaint must be filed with the department on a form prescribed by the department in accordance with the requirements of § 24.2-948.7 of the Code of Virginia.

3. The department must provide a copy of a submitted complaint to the respondent within 24 hours of receipt.

4. The department must review complaints and transmit complaints it deems credible, complete, and from a qualified complainant to the board within 10 days of receipt. The department must provide written notice to the complainant and respondent of the department's determination of complaint disposition.

5. For complaints transmitted by the department or pursuant to an inquiry initiated upon the board's own motion, the board will conduct a preliminary investigation and, if necessary, a public hearing in accordance with the requirements of § 24.2-948.7 of the Code of Virginia and procedures developed by the board.

6. The department's complaint form and board's procedures must be posted on the department's website.

1VAC20-90-60. Advisory opinions for use of campaign funds.

A. Requests for advisory opinions.

1. Any person subject to the provisions of § 24.2-948.6 of the Code of Virginia may request in writing an advisory opinion concerning the application of that section or any regulation prescribed by the board. An authorized agent of the requester may submit the advisory opinion request, but the agent shall disclose the identity of the principal.

2. The written advisory opinion request shall set forth a specific transaction or activity that the requester plans to undertake or is presently undertaking and intends to undertake in the future. Requests presenting a general question of interpretation, posing a hypothetical situation, or regarding the activities of third parties do not qualify as advisory opinion requests.

3. Advisory opinion requests shall include a complete description of all facts relevant to the specific transaction or activity with respect to which the request is made.

4. The department shall review all requests for advisory opinions submitted under this section. If the department determines that a request for an advisory opinion is incomplete or otherwise not qualified under this section, it shall, within 10 business days of receipt of the request, notify the requester and specify the deficiencies in the request.

5. Advisory opinion requests should be addressed to and filed with the department. The department shall provide qualified advisory opinion requests to the board.

6. Upon receipt and review by the department, each request which qualifies as an advisory opinion request (AOR) under this section shall be assigned an AOR number for reference purposes.

B. Public availability of requests.

1. The department shall make advisory opinion requests, which qualify under this section, public promptly upon receipt and review.

2. A copy of the original request and any supplements to the request shall be made available for public inspection on the department website.

C. Written comments on request.

1. Any interested person may submit written comments concerning advisory opinion requests made public at the department.

2. The written comments shall be submitted within 10 calendar days following the date the request is made public by the department. Additional time for submission of written comments may be granted upon written request for an extension by the person who wishes to submit comments or may be granted by the department or the board without an extension request.

3. Comments on advisory opinion requests should refer to the AOR number of the request.

4. Written comments and requests for additional time to comment shall be filed with the department.

5. Before it issues an advisory opinion, the board shall accept and consider all written comments submitted within the 10-calendar-day comment period or any extension of that period.

D. Issuance of advisory opinions.

1. Within 60 calendar days after the department receives an advisory opinion request that qualifies under this section, the board shall issue to the requester a written advisory opinion or shall issue a written response stating that the board was unable to approve an advisory opinion by the required affirmative vote of four members.

2. The 60-calendar-day period of this section is reduced to 20 calendar days for an advisory opinion request qualified under this section, provided the request:

a. Is submitted by any candidate, including any authorized committee of the candidate (or agent of either), within the 60 calendar days preceding the date of any election in which the candidate is seeking nomination or election; and

b. Presents a specific transaction or activity related to the impending election that may invoke the 20-day period if the connection is explained in the request.

3. The 60-day and 20-day periods referred to in this section only apply when the department has received a qualified and complete advisory opinion request under this section, and when the 60th or 20th day occurs on a Saturday, Sunday, or federal holiday, the respective period ends at the close of the next business day following the weekend or holiday.

4. The board may issue advisory opinions pertaining only to § 24.2-948.6 of the Code of Virginia or rules or regulations duly prescribed under that statute.

5. No opinion of an advisory nature may be issued by the board, the department, or any employee of the board or the department, except in accordance with this section; however, this limitation does not preclude distribution by the board and the department of information consistent with Virginia law.

6. When issued by the board, each advisory opinion or other response under this section shall be made public and be provided to the person who requested the opinion.

E. Reliance on advisory opinions.

1. An advisory opinion rendered by the board under this section may be relied upon by:

a. Any person involved in the specific transaction or activity with respect to which the advisory opinion is rendered; and

b. Any person involved in any specific transaction or activity that is indistinguishable in all its material aspects from the transaction or activity with respect to which the advisory opinion is rendered.

2. Notwithstanding any other provision of law, any person who relies upon an advisory opinion in accordance with subsection E of this section and who acts in good faith with that advisory opinion shall not, as a result of any such act, be subject to any sanction provided under § 24.2-948.7 of the Code of Virginia.

F. Reconsideration of advisory opinions.

1. The board may reconsider an advisory opinion previously issued if the person to whom the opinion was issued submits a written request for reconsideration within 30 calendar days of receipt of the opinion and if, upon the motion of a member of the board who voted with the majority that originally approved the opinion, the board adopts the motion to reconsider by an affirmative vote of four members.

2. The board may reconsider an advisory opinion previously issued if, upon the motion of a member of the board who voted with the majority that originally approved the opinion and within 30 calendar days after the date the board approved the opinion, the board adopts the motion to reconsider by the affirmative vote of four members.

3. In the event an advisory opinion is reconsidered pursuant to this subsection, the action taken in good faith reliance on that advisory opinion by the person to whom the opinion was issued shall not result in any sanction provided by § 24.2-948.7 of the Code of Virginia. This subdivision shall not be effective after the date when the person to whom the advisory opinion was issued has received actual notice of the board's decision to reconsider the advisory opinion.

4. Adoption of a motion to reconsider vacates the advisory opinion to which the motion relates.

G. Federal advisory opinions. The board and the parties may rely on past closed matters under review and advisory opinions of the Federal Election Commission (FEC) on matters related to the prohibited personal use of campaign funds under federal law as persuasive authority for any future decisions of the board with respect to analogous state law, except with respect to FEC interpretation that personal use restrictions apply only to a candidate committee.

FORMS (1VAC20-90)

Personal Use Complaint Form (eff. 7/2026)