MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Apportionment and Elections
By: Representative Mansell
AN ACT TO CREATE THE SAFEGUARDING ELECTION CANDIDATES USING REASONABLE EXPENDITURES (SECURE) ACT FOR THE PURPOSE OF AUTHORIZING THE USE OF CAMPAIGN FUNDS BY CANDIDATES AND ELECTED OFFICIALS FOR SECURITY-RELATED EXPENSES; TO DEFINE "SECURITY EXPENSES" AND OTHER TERMS; TO ESTABLISH THE MAXIMUM AMOUNT THAT MAY BE SPENT FOR SECURITY EXPENSES DURING A CAMPAIGN CYCLE; TO PROHIBIT THE USE OF CAMPAIGN FUNDS FOR CERTAIN EXPENDITURES; TO REQUIRE CERTAIN REPORTS TO BE MADE TO THE SECRETARY OF STATE; TO REQUIRE THE SECRETARY OF STATE TO ADOPT RULES AND REGULATIONS TO ENFORCE THE SECURE ACT; TO AMEND SECTION 23-15-821, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-807 AND 23-15-809, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Safeguarding Election Candidates Using Reasonable Expenditures (SECURE) Act."
SECTION 2. The purpose of this act is to authorize the use of campaign funds by candidates and elected officials for security related expenses, including home and office security systems and ongoing monitoring, in response to threats arising from public service or candidacy.
SECTION 3. As used in this act, the following words and phrases have the meanings provided in this section unless the context clearly requires otherwise:
(a) "Campaign funds" means contributions received in support of a candidate or officeholder regulated under Article 23, Chapter 15, Title 23, Mississippi Code of 1972.
(b) "Immediate family" means a spouse, registered domestic partner or a minor child residing in the candidate or officeholder's household.
(c) "Security expenses" means the costs required for equipment and services, including:
(i) The purchase, installation, maintenance and upgrade of physical security equipment, including, but not limited to, surveillance cameras, door access controls, locks, alarms and motion detectors, which equipment is installed by a company authorized and licensed to perform the work; and
(ii) Monitoring and other services, including, but not limited to, DVR, AI add-on features and maintenance, which services are directly associated with the physical security equipment.
SECTION 4. (1) A candidate or elected official may use campaign funds for verified security expenses incurred to address security risks to themselves, campaign staff or the person's immediate family associated with the individual's status or activities as a candidate or public figure.
(2) The maximum amount of campaign funds which may be used for physical security equipment and its installation is limited to Ten Thousand Dollars ($10,000.00) per individual and campaign cycle.
(3) Campaign funds may not be used for:
(a) The purchase of firearms or ammunition;
(b) Payments to family members or entities owned or controlled, or both, by a candidate or elected official; or
(c) Unrelated home improvements.
SECTION 5. (1) Before expending campaign funds as authorized under this act, the candidate or officeholder must determine that the security expenses are reasonably related to security risks to themselves and the person's immediate family.
(2) All expenditures made under this act must be:
(a) Reported to the Office of the Secretary of State in accordance with rules governing non-campaign disbursements;
(b) Supported by itemized receipts or invoices; and
(c) Subject to public disclosure under applicable campaign finance laws; however, plans, designs or schematics are exempt from the requirement for disclosure under this paragraph.
(3) Documentation of a specific threat or law enforcement verification is not required.
SECTION 6. The Secretary of State shall adopt rules and regulations as needed to implement and enforce the provisions of this act, including standardized reporting formats and audit procedures.
SECTION 7. Section 23-15-821, Mississippi Code of 1972, is amended as follows:
23-15-821. (1) The personal use of campaign contributions by any elected public officeholder or by any candidate for public office is prohibited.
(a) For the purposes of this section, "personal use" is defined as any use, other than expenditures related to gaining or holding public office, or performing the functions and duties of public office, for which the candidate for public office or elected public official would be required to treat the amount of the expenditure as gross income under Section 61 of the Internal Revenue Code of 1986, 26 USC Section 61, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended. "Personal use" shall not include donations to a political organization, or to a political action committee, or to another candidate.
(b) "Candidate" shall mean any individual described in Section 23-15-801(b), and shall include any person having been a candidate until such time that the person takes office or files a termination report as provided in this section.
(c) "Officeholder" shall mean any elected or appointed official from the beginning of his or her term of office until that person no longer holds office.
(2) The following personal use expenditures are specifically prohibited under this section:
(a) Any residential or household items, supplies or expenditures, including mortgage, rent or utility payments for any part of any personal residence where a homestead exemption is claimed of a candidate or officeholder or a member of the candidate's or officeholder's family; however, not included in this prohibition are expenditures made for security expenses as authorized under Sections 1 through 6 of this act;
(b) Mortgage, rent or utility payments for any part of any nonresidential property that is owned by a candidate or officeholder or a member of a candidate's or officeholder's family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;
(c) Funeral, cremation or burial expenses within a candidate's or officeholder's family;
(d) Clothing, other than items of de minimis value that are used for gaining or holding public office or performing the functions and duties of public office;
(e) Automobiles, except for automobile rental expenses and other automobile expenses related to gaining or holding public office or performing the functions and duties of public office;
(f) Tuition payments within a candidate's or officeholder's family other than those associated with training campaign staff or associated with an officeholder's duties;
(g) Salary payments to a member of a candidate's family, unless the family member is providing bona fide services to the campaign. If a family member provides bona fide services to a campaign, any salary payments in excess of the fair market value of the services provided is personal use;
(h) Nondocumented loans of any type, including loans to candidates;
(i) Travel expenses except for travel expenses of a candidate, officeholder or staff member of the officeholder for travel undertaken as an ordinary and necessary expense of gaining or holding public office, or performing the functions and duties of public office or for attending meetings or conferences of officials similar to the office held or sought, or for an issue the legislative body is or will consider, or attending a state or national convention of any party. If a candidate or officeholder uses campaign contributions to pay expenses associated with travel that involves both personal activities and activities related to gaining or holding public office or performing the functions and duties of public office, the incremental expenses that result from the personal activities are personal use, unless the person(s) benefiting from this use reimburse(s) the campaign account within thirty (30) days for the amount of the incremental expenses; and
(j) Payment of any fines, fees or penalties assessed pursuant to Mississippi law.
(3) Any expense that reasonably relates to gaining or holding public office, or performing the functions and duties of public office, is a specifically permitted use of campaign contributions. Such expenditures are not considered personal use expenditures and may include, but are not limited to, the following expenditures:
(a) The defrayal of ordinary and necessary expenses of a candidate or officeholder, including expenses reasonably related to performing the duties of the office held or sought to be held;
(b) Campaign office or officeholder office expenses and equipment, provided the expenditures and the use of the equipment can be directly attributable to the campaign or office held;
(c) Donations to charitable organizations, not-for-profit organizations or for sponsorships, provided the candidate or officeholder does not receive monetary compensation, other than reimbursements of expenses, from the recipient organization;
(d) Gifts of nominal value and donations of a nominal amount made on a special occasion such as a holiday, graduation, marriage, retirement or death, unless made to a member of the candidate's or officeholder's family;
(e) Meal and beverage expenses which are incurred as part of a campaign activity or as a part of a function that is related to the candidate's or officeholder's responsibilities, including meals between and among candidates and/or officeholders that are incurred as an ordinary and necessary expense of seeking, holding or maintaining public office, or seeking, holding or maintaining a position within the Legislature or other publicly elected body;
(f) Reasonable rental or accommodation expenses incurred by an officeholder during a legislative session or a day or days in which the officeholder is required by his or her duties to be at the Capitol or another location outside the officeholder's county of residence. Such rental or accommodation expenses shall not exceed Fifty Dollars ($50.00) per day, if the officeholder receives per diem, or One Hundred Ninety Dollars ($190.00) per day, if the officeholder receives no per diem. Any expenses incurred under this paragraph (f) must be reported as an expenditure pursuant to this section;
(g) Communication access expenses, including mobile devices and Internet access costs. Examples of communication access expenses include, but are not limited to, the following: captioning on television advertisements; video clips; sign language interpreters; computer-aided real-time (CART) services; and assistive listening devices;
(h) Costs associated with memberships to chambers of commerce and civic organizations;
(i) Legal fees and costs associated with any civil action, criminal prosecution or investigation related to conduct reasonably related to the candidacy or performing the duties of the office held.
(4) Upon filing the termination report required under Section 23-15-807, any campaign contributions not used to pay for the expenses of gaining or holding public office or performing the functions and duties of public office shall:
(a) Be maintained in a campaign account(s);
(b) Be donated to a political organization, or to a political action committee, or to another candidate;
(c) Be transferred, in whole or in part, into a newly established political action committee or ballot question advocate;
(d) Be donated to a tax-exempt charitable organization as that term is used in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 USC Section 501, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended;
(e) Be donated to the State of Mississippi; or
(f) Be returned to a donor or donors.
(5) Any candidate for public office or any elected official who willfully violates this section shall be guilty of a misdemeanor and punished by a fine of One Thousand Dollars ($1,000.00) and by a state assessment equal to the amount of misappropriated campaign contributions. The state assessment shall be deposited into the Public Employees' Retirement System. No fine or assessment imposed under this section shall be paid by a third party.
(6) Any contributions accruing to a candidate's or officeholder's campaign account before January 1, 2018, shall be exempt and not subject to the provisions of this section. All exempt contributions must be designated as exempt on all reports filed with the Secretary of State pursuant to the provisions of this chapter.
(7) The Mississippi Ethics Commission shall issue advisory opinions regarding any of the requirements set forth in this section. When any officeholder or candidate requests an advisory opinion, in writing, and has stated all of the facts to govern the opinion, and the Ethics Commission has prepared and delivered the opinion with references to the request, there shall be no civil or criminal liability accruing to or against any officeholder or candidate who, in good faith, follows the direction of the opinion and acts in accordance with the opinion, unless a court of competent jurisdiction, after a full hearing, judicially declares that the opinion is manifestly wrong and without any substantial support. No opinion shall be given or considered if the opinion would be given after judicial proceedings have commenced.
All advisory opinions issued
pursuant to the provisions of this subsection (7) shall be made public and
shall be issued within ninety (90) days of written request. The request for an
advisory opinion shall be confidential as to the identity of the individual
making the request. The Ethics Commission shall, so far as practicable and
before making public * * *
an advisory opinion issued under the provisions of on this subsection (7), make
such deletions and changes thereto as may be necessary to ensure the anonymity
of the public official and any other person named in the opinion.
SECTION 8. Section 23-15-807, Mississippi Code of 1972, is brought forward as follows:
23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report such contributions and disbursements may terminate the obligation to report only upon submitting a final report that contributions will no longer be received or disbursements made and that the candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign the report.
(b) Candidates seeking election, or nomination for election, and political committees making expenditures to influence or attempt to influence voters for or against the nomination for election of one or more candidates or balloted measures at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled election, a pre-election report shall be filed no later than the seventh day before any election in which the candidate or political committee has accepted contributions or made expenditures and shall be completed as of the tenth day before the election;
(ii) In 1987 and every fourth year thereafter, periodic reports shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and shall be completed as of the last day of each period;
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year shall be filed no later than January 31 of the following calendar year; and
(iv) Except as otherwise provided in the requirements of paragraph (i) of this subsection (b), unopposed candidates are not required to file pre-election reports but must file all other reports required by paragraphs (ii) and (iii) of this subsection (b).
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file periodic reports in the year in which they are to be elected no later than the tenth day after April 30, May 31, June 30, September 30 and December 31. Candidates for judicial office shall not be required to file an annual report during an election year, but shall file an annual report in all other years.
(d) Each report under this article shall disclose:
(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee, including those required to be identified pursuant to paragraph (ii) of this subsection (d) as well as the total of all other contributions and expenditures during the calendar year. The reports shall be cumulative during the calendar year to which they relate;
(ii) The identification of:
1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of any such contribution;
2. Each person or organization, candidate or political committee who receives an expenditure, payment or other transfer from the reporting candidate, political committee or its agent, employee, designee, contractor, consultant or other person or persons acting in its behalf during the reporting period when the expenditure, payment or other transfer to the person, organization, candidate or political committee within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) together with the date and amount of the expenditure;
(iii) The total amount of cash on hand of each reporting candidate and reporting political committee;
(iv) In addition to the contents of reports specified in paragraphs (i), (ii) and (iii) of this subsection (d), each political party shall disclose:
1. Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
2. Each person or organization who receives an expenditure or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure;
(v) Disclosure required under this section of an expenditure to a credit card issuer, financial institution or business allowing payments and money transfers to be made over the Internet must include, by way of detail or separate entry, the amount of funds passing to each person, business entity or organization receiving funds from the expenditure.
(e) The appropriate office specified in Section 23-15-805 must be in actual receipt of the reports specified in this article by 5:00 p.m. on the dates specified in subsection (b) of this section. If the date specified in subsection (b) of this section shall fall on a weekend or legal holiday then the report shall be due in the appropriate office at 5:00 p.m. on the first working day before the date specified in subsection (b) of this section. The reporting candidate or reporting political committee shall ensure that the reports are delivered to the appropriate office by the filing deadline. The Secretary of State may approve specific means of electronic transmission of completed campaign finance disclosure reports, which may include, but not be limited to, transmission by electronic facsimile (FAX) devices.
(f) (i) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution. The notification shall include:
1. The name of the receiving candidate;
2. The name of the receiving candidate's political committee, if any;
3. The office sought by the candidate;
4. The identification of the contributor;
5. The date of receipt;
6. The amount of the contribution;
7. If the contribution is in-kind, a description of the in-kind contribution; and
8. The signature of the candidate or the treasurer or chair of the candidate's political organization.
(ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
SECTION 9. Section 23-15-809, Mississippi Code of 1972, is brought forward as follows:
23-15-809. (a) Every person who makes independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement containing the information required under Section 23-15-807. Such statement shall be filed with the appropriate offices as provided for in Section 23-15-805, and such person shall be considered a political committee for the purpose of determining place of filing.
(b) Statements required to be filed by this subsection shall include:
(i) Information indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
(ii) Under penalty of perjury, a certification of whether or not such independent expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
(iii) The identification of each person who made a contribution in excess of Two Hundred Dollars ($200.00) to the person filing such statement which was made for the purpose of furthering an independent expenditure.
SECTION 10. This act shall take effect and be in force from and after its passage.