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California Government Code Section 89519

Legal Research Home > California Laws > Government Code > California Government Code Section 89519

(a) Upon leaving any elected office, or at the end of the
postelection reporting period following the defeat of a candidate for
elective office, whichever occurs last, campaign funds raised after
January 1, 1989, under the control of the former candidate or elected
officer shall be considered surplus campaign funds and shall be
disclosed pursuant to Chapter 4 (commencing with Section 84100).
   (b) Surplus campaign funds shall be used only for the following
purposes:
   (1) The payment of outstanding campaign debts or elected officer's
expenses.
   (2) The repayment of contributions.
   (3) Donations to any bona fide charitable, educational, civic,
religious, or similar tax-exempt, nonprofit organization, where no
substantial part of the proceeds will have a material financial
effect on the former candidate or elected officer, any member of his
or her immediate family, or his or her campaign treasurer.
   (4) Contributions to a political party committee, provided the
campaign funds are not used to support or oppose candidates for
elective office. However, the campaign funds may be used by a
political party committee to conduct partisan voter registration,
partisan get-out-the-vote activities, and slate mailers as that term
is defined in Section 82048.3.
   (5) Contributions to support or oppose any candidate for federal
office, any candidate for elective office in a state other than
California, or any ballot measure.
   (6) The payment for professional services reasonably required by
the committee to assist in the performance of its administrative
functions, including payment for attorney's fees for litigation which
arises directly out of a candidate's or elected officer's
activities, duties, or status as a candidate or elected officer,
including, but not limited to, an action to enjoin defamation,
defense of an action brought of a violation of state or local
campaign, disclosure, or election laws, and an action from an
election contest or recount.
   (c) For purposes of this section, the payment for, or the
reimbursement to the state of, the costs of installing and monitoring
an electronic security system in the home or office, or both, of a
candidate or elected officer who has received threats to his or her
physical safety shall be deemed an outstanding campaign debt or
elected officer's expense, provided that the threats arise from his
or her activities, duties, or status as a candidate or elected
officer and that the threats have been reported to and verified by an
appropriate law enforcement agency. Verification shall be determined
solely by the law enforcement agency to which the threat was
reported. The candidate or elected officer shall report any
expenditure of campaign funds made pursuant to this section to the
commission. The report to the commission shall include the date that
the candidate or elected officer informed the law enforcement agency
of the threat, the name and the telephone number of the law
enforcement agency, and a brief description of the threat. No more
than five thousand dollars ($5,000) in surplus campaign funds may be
used, cumulatively, by a candidate or elected officer pursuant to
this subdivision. Payments made pursuant to this subdivision shall be
made during the two years immediately following the date upon which
the campaign funds become surplus campaign funds. The candidate or
elected officer shall reimburse the surplus fund account for the fair
market value of the security system no later than two years
immediately following the date upon which the campaign funds became
surplus campaign funds. The campaign funds become surplus campaign
funds upon sale of the property on which the system is installed, or
prior to the closing of the surplus campaign fund account, whichever
comes first. The electronic security system shall be the property of
the campaign committee of the candidate or elected officer.

Last modified: February 13, 2012