21-5-33. Disposition of contributions.

Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate’s campaign for elective office or such public officer’s fulfillment or retention of such office.#

1. (1)

   All contributions received by a candidate or such candidate’s campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:#

   1. (A)

      As donations to any charitable organization described in 26 U.S.C. Section 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations subject to the prohibitions contained in paragraph (2) of this subsection;#

   2. (B)

      Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate;#

   3. (C)

      For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;#

   4. (D)

      For use in future campaigns for only that elective office for which those contributions were received. With respect to contributions held on January 1, 1992, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions;#

   5. (E)

      For repayment of any prior campaign obligations incurred as a candidate; or#

   6. (F)

      For transfer without limitation to one or more political action committees.#

2. (2)

   Nothing in this Code section shall permit or authorize a candidate to utilize campaign funds for the purpose of making gifts, loans, or investments directly to:#

   1. (A)

      The candidate;#

   2. (B)

      A member of the candidate’s family;#

   3. (C)

      Any business in which the candidate or a member of the candidate’s family has an ownership interest;#

   4. (D)

      The candidate’s trust or a trust of a member of the candidate’s family; or#

   5. (E)

      Any nonprofit organization of which the candidate or a member of the candidate’s family is on the payroll or has a controlling interest.#

3. (3)

   Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate’s or such public officer’s last election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection.#

Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer.#

1. (1)

   Contributions received by a campaign committee designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election and any proceeds derived from investing such contributions shall be utilized only to defray ordinary and necessary expenses associated with influencing the voters on such issue.#

2. (2)

   All contributions received by a campaign committee as provided in paragraph (1) of this subsection in excess of those necessary to defray expenses relative to the influencing of voters on such issue as determined by the campaign committee may only be used as follows:#

   1. (A)

      Contributions to any charitable organization described in 26 U.S.C. Section 170(c) as such federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or#

   2. (B)

      For repayment on a pro rata basis to persons making such contributions.#