The Federal Election Commission is considering new rules to provide candidates and officeholders with more guidance on when it is permissible to spend campaign money for security. Federal law requires all expenditures of campaign funds to be for purposes arising out of an individual’s status as a candidate or elected officeholder, but it is not always clear which expenditures qualify. While the Commission has greenlit the use of campaign funds for security in specific circumstances through its advisory opinion process, this case-by-case approach leaves many questions unanswered, particularly for less wealthy candidates who may not have the resources to request an opinion from the Commission.
The Brennan Center filed a comment highlighting the need for generally applicable rules that provide clear, accessible guidance covering as many circumstances as possible. The comment discusses the findings of a recent Brennan Center report on intimidation and harassment of state and local officeholders, which draws on the experiences of more than 1,700 state and local officials nationwide, as well as similar trends impacting federal candidates and officeholders. It urges the Commission to adopt flexible rules allowing candidates to pay for reasonable security measures while maintaining clear safeguards against abuse.
