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VA HB40

VA HB40
Campaign finance; prohibited personal use of campaign funds, complaints, hearings, civil penalty.


summary

Introduced
12/20/2023
In Committee
01/30/2024
Crossed Over
Passed
Dead
02/13/2024

Introduced Session

Potential new amendment
2024 Regular Session

Bill Summary

Campaign finance; prohibited personal use of campaign Campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions. Prohibits any person from converting contributions to a candidate or his campaign committee to personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but allows a contribution to be used for the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's child care expenses that are incurred as a direct result of campaign activity. The bill provides that any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The bill directs the State Board of Elections to adopt emergency regulations similar to those promulgated by the Federal Election Commission to implement the provisions of the bill and to publish an updated summary of Virginia campaign finance law that reflects the State Board of Elections' and Attorney General's guidance on the provisions of such law that prohibit the personal use of campaign funds and any new regulations promulgated by the State Board of Elections.

AI Summary

This bill prohibits the personal use of campaign funds, establishes a process for the State Board of Elections to review complaints about the misuse of campaign funds, and allows individuals to request advisory opinions on the use of campaign funds. Key provisions include: - Defining what constitutes the personal use of campaign funds and prohibiting such use, except for ordinary and necessary campaign-related expenses and some child care expenses. - Establishing a complaint process where individuals can file complaints about alleged personal use of campaign funds, and requiring the State Board of Elections to investigate and hold public hearings on credible complaints. - Allowing the State Board of Elections to require repayment of improperly used funds and/or impose civil penalties for willful violations. - Authorizing the State Board of Elections to issue advisory opinions on the use of campaign funds. - Directing the State Board of Elections to adopt emergency regulations and publish guidance on the personal use restrictions.

Committee Categories

Budget and Finance, Government Affairs

Sponsors (28)

Last Action

Left in Appropriations (on 02/13/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB40
House committee amendments reported https://lis.virginia.gov/cgi-bin/legp604.exe?241+amd+HB40AH
Fiscal Note/Analysis - House: Fiscal impact review from JLARC (H https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB40J110+PDF
Fiscal Note/Analysis - House: Impact statement from DPB (HB40) https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB40F122+PDF
Amendment(s) for HB40 Privileges and Elections, Campaign Finance https://committees.lis.virginia.gov/pdfs/drafts/24105555A.pdf
Fiscal Note/Analysis - House: Prefiled and ordered printed; offe https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB40F160+PDF
BillText https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB40+hil
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