Campaign funds can be used for officeholder security expenses in certain cases, the Oklahoma Ethics Commission recommended in a draft advisory opinion.
Any “reasonable” expenses must be the direct result of holding the elected state office and would not be incurred if the individual did not hold the office, the draft opinion read. The opinion only covers the officeholder, not family, staff or others connected with the individual.
The Ethics Commission is expected to hear public comment on the draft opinion at its meeting Thursday ahead of any vote to finalize the opinion.
“The officeholder must need security to respond to dangers or threats related to the office held, and not simply for security that any member of the public would need,” the draft opinion said.
“Further, the dangers or threats are related not just to any elected office within the State of Oklahoma, but the office held by that elected official.”
Security expenses must be a direct result of holding a state office.
“If the expense would exist with or without the elected office, it does not pass the but-for test,” the opinion reads.
The test refers to an analysis used by the Ethics Commission for officeholder expenses. The test determines whether the expense would be incurred “but for the fact that they were elected to state office.”
The Federal Election Commission previously issued guidance which allows campaign funds to be used to pay for certain security devices and services to address ongoing dangers and threats.
The commission voted July 10 to provide an advisory opinion at the request of Senate President Pro Tem Lonnie Paxton, R-Tuttle, House Speaker Kyle Hilbert, R-Bristow, Senate Minority Leader Julia Kirt, D-Oklahoma City and House Minority Leader Cyndi Munson, D-Oklahoma City.
Kirt and Munson said they were pleased and encouraged by the draft opinion.
“Tragic events this past year have left many lawmakers fearful for their safety,” Munson said in a statement Monday. “All public servants should have the support they need in order to best serve their communities. When we are unencumbered by threats made to our personal security, we can ensure a better, more prosperous future for everyone.”
The request from lawmakers came in the wake of the June assassination of top Minnesota lawmaker, Melissa Hortman.
Hortman, a member of the Democratic–Farmer–Labor Party and House Speaker Emerita, and her husband, Mark Hortman, were assassinated in their home.
Authorities allege Vance Boelter, 57, posed as a police officer to gain entrance to their home and shot and killed the couple.
He’s also accused of shooting Minnesota state Sen. John Hoffman and his wife that same night. Hoffman was released from the hospital. He and his wife are recovering.
Boelter was arrested and faces state and federal charges, some of which carry the potential for the death penalty.
Investigators said he had a list of other potential targets, including other Democratic elected officials.
The assassinations have led to public officials across the U.S. feeling on edge and weighing the cost of public service.
“It’s a privilege to be able to serve our fellow Oklahomans in public office, but the unfortunate reality is, we have seen that service can come with great risk to elected officials and their loved ones,” Kirt said in a statement Monday.
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