Virginia HB 848: Campaign Finance Disclosure Act; unlawful conversion of political contributions to personal use.

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2021 SESSION

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20106011D 

HOUSE BILL NO. 848 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the House Committee on Privileges and Elections 

on January 24, 2020) 

(Patrons Prior to Substitute--Delegates Simon, M.L. Cole [HB 
1574], Kory [HB 1299], and Tran [HB 1218]) 

A BILL to amend and reenact �� 24.2-948.4, 24.2-949.9, 
24.2-950.9, 24.2-951.9, and 24.2-952.7 of the Code of Virginia and to amend the 
Code of Virginia by adding in Article 1 of Chapter 9.3 of Title 24.2 a section 
numbered 24.2-945.3, relating to unlawful conversion of political contributions 
to personal use; penalty. 

Be it enacted by the General Assembly of Virginia:

1. That �� 24.2-948.4, 24.2-949.9, 24.2-950.9, 24.2-951.9, 
and 24.2-952.7 of the Code of Virginia are amended and reenacted and that the 
Code of Virginia is amended by adding in Article 1 of Chapter 9.3 of Title 24.2 
a section numbered 24.2-945.3 as follows:

� 24.2-945.3. Unlawful conversion of contributions to 
personal use; penalty.

A. It is unlawful for any person to convert any moneys, 
securities, or like intangible personal property that has been contributed to a 
candidate, a campaign committee, or a political committee to his personal use 
or the personal use of any other person.

B. For purposes of this section, a contribution shall be 
considered to be 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 a person's seeking, holding, or maintaining public office 
or carrying out the ordinary activities of a political committee, including:

1. Any residential or household items, including mortgage, 
rent, or utility payments;

2. Clothing or other personal items, other than items of de 
minimis value that are used in the campaign or for committee purposes;

3. Automobile or other transportation expenses that are 
incurred for purposes not related to seeking, holding, or maintaining public 
office or the primary purpose of a political committee; and

4. Travel expenses, including lodging and meals, that are 
incurred for purposes not related to seeking, holding, or maintaining public 
office or the primary purpose of a political committee.

For purposes of this section, "personal use" does 
not include the ordinary and necessary expenses incurred in connection with the 
duties as a candidate or officeholder or the activities of the political 
committee, including the use of campaign funds to pay the candidate's child 
care expenses, or expenses for the care of a dependent of the candidate, that 
are incurred as a direct result of campaign activity.

C. Any person who violates any provision of this section is 
guilty of a Class 1 misdemeanor.

D. The State Board shall furnish, upon the request o