(a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a candidate for elective office, whichever occurs last, campaign funds 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 a 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 the former candidate’s or elected officer’s immediate family, or the former candidate’s or elected officer’s 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 a candidate for federal office, a candidate for elective office in a state other than California, or a 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 and other costs for litigation that 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 for 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 of, or the reimbursement to the state for, security expenses, as defined in Section 89517.5, to protect a candidate, an elected officer, or the immediate family or staff of a candidate or elected officer, shall be deemed an outstanding campaign debt or elected officer’s expense, provided that the threat or potential threat to safety arises from the candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer. The candidate or elected officer shall report a payment or reimbursement for security expenses made pursuant to this section to the Commission.
(Amended by Stats. 2024, Ch. 372, Sec. 3. (AB 2041) Effective September 22, 2024. Note: The addition of this section by Stats. 2000, Ch. 102, was approved in Prop. 34 on Nov. 7, 2000.)