This is the first installment of a series on the state of campaign finance law in Virginia. This week, we’re taking a look at the personal use of campaign funds -- something that’s entirely legal for state candidates and officeholders in Virginia, but illegal at the federal level and in most states. Stay tuned for more information on how Virginia can improve campaign finance law to build a more accountable state government. 

The Federal Election Commission makes it clear: “using campaign funds for personal use is prohibited.” This means it’s illegal for a candidate for federal office to use campaign funds for expenses that wouldn’t exist if the candidate wasn’t running a campaign or holding office. 

The reasons for the ban on the personal use of campaign funds are likely self-explanatory. Campaigns can rake in millions of dollars, and we don’t want those who are supposed to be public servants to fundraise for the purpose of making a personal fortune. Prohibiting candidates for federal office from using campaign funds to, among other things, pay dues to country clubs, purchase clothing, or even make investments provides one method of ensuring that candidates and office holders are working for the people they represent, not to get rich. 

In Virginia, however, candidates for state office and those holding state office face no legal limits in how they spend campaign funds. A 2016 Associated Press report headlined “No rules means no accountability for Virginia campaign funds” revealed astonishing details about what Virginia’s lax campaign finance laws enable. Members of the General Assembly spent exorbitantly on meals at upscale Richmond restaurants and afforded stays at five star hotels using campaign funds. 

In at least 47 other states and at the federal level, using campaign funds for expenses like these would purchase an individual little more than a prison sentence. Most states tend to govern the personal use of campaign funds similarly to the FEC, which prohibits campaign funds from being used for any expense that wouldn’t exist unless the individual doing the spending is running for office or currently holding office. Using campaign funds for personal use in Michigan can come with 90 days in jail, a $1,000 fine, or both; Kansas imposes a $5,000 fine on anyone who violates similar rules. 

Though Virginia has no laws prohibiting the personal use of campaign funds, there have been consistent efforts to rein in this controversial form of spending. Former Governor Terry McAuliffe threw his support behind prohibiting personal use of campaign funds during his 2016 State of the Commonwealth address, and Governor Ralph Northam has expressed similar support. 

During the most recent General Assembly session, a bill that would have prohibited the personal use of campaign funds passed the House of Delegates before meeting its demise in the Senate Privileges and Elections committee. The bill contained a thoughtful provision that made an exception for child care-related expenses. It wasn’t the first time a bill of this nature has been introduced to the General Assembly. Legislators from both parties have proposed legislation to put an end to the personal use of campaign funds during every session in recent memory, but no effort has been successful. 



Similar legislation is likely to be considered during future sessions. In the interest of providing a mechanism for accountability and establishing trust among constituents, the General Assembly should take action to prevent candidates and office holders from using campaign funds for personal expenses.