Gov. Mark Sanford has nearly $1.7 million left in his campaign finance account and plans to use some of it to pay his legal fees from the State Ethics Commission’s investigation of him.
Ironically, it’s a State Ethics Commission ruling from January 1993 that allows him, and any other candidate, to use campaign funds to cover legal fees.
“The Ethics Act provides that you can’t use them for personal funds, that they can be used in the pursuit of your campaign or they can be used in your daily official duties,” says Cathy Hazelwood, assistant director and general counsel for the commission. “And if you’re being sued in your official capacity, then the commission years ago issued an opinion saying that would be an appropriate use. It would not be a personal use of funds.”
In this case, the investigation is into Sanford’s travel and use of state planes, not his admitted affair. Hazelwood says if there were some lawsuit in relation to Sanford’s affair or trip to Argentina, that would be personal and he would not be able to use campaign funds.
One donor to Sanford’s 2006 re-election campaign is upset about the thought of campaign funds going to pay legal fees. He wanted to remain anonymous, but said, “If he’s raised this as campaign money, then it’s for campaign use. It shouldn’t be used for his personal defense. If Gov. Sanford wants to defend himself, then he needs to get the money out of his own pocket.”
Sanford was in Savannah Tuesday and, when asked about some of his contributors being upset about campaign money going to pay legal fees, he said, “Well they’re not my legal fees. I mean, let’s be clear. What we’re talking about is the balance of power between the executive branch in South Carolina and the legislative branch in South Carolina.”
Hazelwood says candidates have few options for campaign cash they have left. They can: return it to their contributors, giving each a percentage based on the total amount and the number of contributors; make a contribution to their political party, but campaign contribution limits apply; or they can donate the money to non-profit organizations.
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