B. Surplus Funds There are restrictions on how campaign funds held by an elected officeholder or candidate may be spent once the funds become “surplus.” Surplus funds may not be used for a future election. See Chapter 11 for information about all requirements that must be met in order to use leftover campaign funds for a future election before the funds become surplus. Campaign funds held by an officeholder become surplus on the 90th day after the officeholder leaves the office for which the funds were raised, or on the 90th day after the end of the postelection reporting period following their defeat, whichever occurs last. Campaign funds held by a non-incumbent defeated candidate or a candidate that withdrew become surplus on the 90th day after the postelection reporting period following the election. The end of the postelection reporting period is June 30 for elections held during the first six months of the calendar year and December 31 for elections held during the last six months of the calendar year. Surplus funds may only be used to make the following expenditures: • Payments for outstanding campaign debts or officeholder expenses.
• Refunds to contributors.
• Donations to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, provided no substantial part of the proceeds will have a material financial effect on the candidate, on any member of the candidate’s immediate family (spouse or registered domestic partner and children), or the campaign treasurer. • Contributions to a political party committee, so long as the funds are not used to make contributions in support of or opposition to a candidate for elective office. (For example, funds earmarked for overhead expenses.)
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 6.14
Campaign Manual 2 August 2023 Page 244
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