political committee if the officeholder's expense fund has not accepted corporate
(k) Educational disbursements for a course or seminar if the course or seminar
maintains or improves skills which are employed by the officeholder in the
performance of his or her administrative or legislative responsibilities.
(l) Purchase of advertisements in testimonials, program books, souvenir books, or
other publications if the advertisement does not support or oppose the nomination or
election of a candidate.
(m) Consultation, research, polling, and photographic services not related to a
(n) Fraternal, veterans, and service organization fees.
(o) Payment of a tax liability incurred as a result of authorized officeholder's
expense fund transactions.
(p) Accounting, professional, and administrative
officeholder's expense fund.
(q) A debt or obligation incurred by the officeholder's expense fund for
disbursement authorized by subdivisions (a) to (p) of this subrule, if the debt or
obligation was reported in the officeholder's expense fund report filed for the year in
which the debt or obligation arose.
(2) A disbursement from an officeholder's expense fund which is an ordinary
and necessary business expense of a public official as a public official as authorized
by the internal revenue code of 1986, 26 U.S.C. S 1 et seq., is presumed to be an expense
incidental to office.
(3) The treasurer of an officeholder's expense fund shall keep detailed accounts,
records, bills, and receipts as required to substantiate the information contained in an
officeholder's expense fund report filed pursuant to the act and these rules.
History: 1989 AACS.
R 169.63 Unauthorized disbursement.
Rule 63. (1) An officeholder's expense fund report shall include information
which is sufficient to establish that each disbursement from the fund was for the
payment of an expense incidental to the elected public official's office.
(2) If, upon examination of a report, the secretary of state is unable to determine
whether a disbursement from an officeholder's expense fund was made in compliance
with the act and these rules, the secretary of state shall request additional
information or documentation
is sufficient to establish that the
disbursement was for an expense incidental to office.
(3) If the secretary of state determines, after receiving the information or
documentation required under subrule (2) of this rule, that a disbursement from an
officeholder's expense fund was not made in compliance with the act and these
rules, the secretary of state shall request the public official to reimburse an amount
equivalent to the unauthorized disbursement to the officeholder's expense fund.
(4) If a public official fails to respond within 21 days to a request made under
subrule (2) or (3) of this rule, the secretary of state shall refer the matter to the
attorney general for commencement of an action
to recover the unauthorized