NY State Board of Elections Okays Use of Campaign Funds for Security Expenses
By: Joseph T. Burns
On December 9, 2025, the New York State Board of Elections issued Advisory Opinion 25-01 addressing the use of campaign funds to pay for security-related expenses. The SBOE’s Advisory Opinion was prompted by questions from elected officials seeking to use campaign funds to pay for security expenses. Ultimately, the SBOE commissioners concluded that under certain circumstances, candidates and/or elected officials could use nonpublic campaign funds for security-related costs.
The SBOE determined that security expenses could lawfully be covered by nonpublic campaign funds when the security measures bear a reasonable relationship to the holding of or running for office and the use of campaign funds to pay for security-related costs are reasonable under the circumstances. Additionally, the SBOE’s Advisory Opinion notes that committees are best positioned to determine the appropriateness of the security measures and costs associated with those security measures.
Candidates and committees considering spending funds for security purposes should consider the following:
- Whether the expenditure is reasonably related to campaign activity or the holding of public office;
- If the justification for the expenditure can be and has been properly documented; and
- Whether the costs and expenditure are proportionate to what is actually needed.
It should also be stressed that this Advisory Opinion from the SBOE only applies to the use of ordinary campaign funds. It does not address the use of public matching funds for security expenses.
Advisory Opinion 25-01 provides much needed guidance to candidates and committees at a time when many in the public eye are justifiably concerned about their personal safety. Committees seeking to make security-related expenditures, however, must ensure that this is done in compliance with AO 25-01 and the appropriate provisions of Article 14 of the Election Law. To reduce the risk of unnecessary scrutiny, candidates and committees seeking to spend campaign funds for security-related purposes should seek guidance from experienced counsel before making such expenditures.
