Safeguarding Election Candidates using Resonable Expenditures (SECURE) Act; create.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Mansell

HOUSE BILL NO. 1480

AN ACT TO CREATE THE SAFEGUARDING ELECTION CANDIDATES USING 1
REASONABLE EXPENDITURES (SECURE) ACT FOR THE PURPOSE OF 2
AUTHORIZING THE USE OF CAMPAIGN FUNDS BY CANDIDATES AND ELECTED 3
OFFICIALS FOR SECURITY-RELATED EXPENSES; TO DEFINE "SECURITY 4
EXPENSES" AND OTHER TERMS; TO ESTABLISH THE MAXIMUM AMOUNT THAT 5
MAY BE SPENT FOR SECURITY EXPENSES DURING A CAMPAIGN CYCLE; TO 6
PROHIBIT THE USE OF CAMPAIGN FUNDS FOR CERTAIN EXPENDITURES; TO 7
REQUIRE CERTAIN REPORTS TO BE MADE TO THE SECRETARY OF STATE; TO 8
REQUIRE THE SECRETARY OF STATE TO ADOPT RULES AND REGULATIONS TO 9
ENFORCE THE SECURE ACT; TO AMEND SECTION 23-15-821, MISSISSIPPI 10
CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO 11
BRING FORWARD SECTIONS 23-15-807 AND 23-15-809, MISSISSIPPI CODE 12
OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 13
PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. This act shall be known and may be cited as the 16
"Safeguarding Election Candidates Using Reasonable Expenditures 17
(SECURE) Act." 18
SECTION 2. The purpose of this act is to authorize the use 19
of campaign funds by candidates and elected officials for security 20
related expenses, including home and office security systems and 21
ongoing monitoring, in response to threats arising from public 22
service or candidacy. 23
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SECTION 3. As used in this act, the following words and 24
phrases have the meanings provided in this section unless the 25
context clearly requires otherwise: 26
(a) "Campaign funds" means contributions received in 27
support of a candidate or officeholder regulated under Article 23, 28
Chapter 15, Title 23, Mississippi Code of 1972. 29
(b) "Immediate family" means a spouse, registered 30
domestic partner or a minor child residing in the candidate or 31
officeholder's household. 32
(c) "Security expenses" means the costs required for 33
equipment and services, including: 34
(i) The purchase, installation, maintenance and 35
upgrade of physical security equipment, including, but not limited 36
to, surveillance cameras, door access controls, locks, alarms and 37
motion detectors, which equipment is installed by a company 38
authorized and licensed to perform the work; and 39
(ii) Monitoring and other services, including, but 40
not limited to, DVR, AI add-on features and maintenance, which 41
services are directly associated with the physical security 42
equipment. 43
SECTION 4. (1) A candidate or elected official may use 44
campaign funds for verified security expenses incurred to address 45
security risks to themselves, campaign staff or the person's 46
immediate family associated with the individual's status or 47
activities as a candidate or public figure. 48
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(2) The maximum amount of campaign funds which may be used 49
for physical security equipment and its installation is limited to 50
Ten Thousand Dollars ($10,000.00) per individual and campaign 51
cycle. 52
(3) Campaign funds may not be used for: 53
(a) The purchase of firearms or ammunition; 54
(b) Payments to family members or entities owned or 55
controlled, or both, by a candidate or elected official; or 56
(c) Unrelated home improvements. 57
SECTION 5. (1) Before expending campaign funds as 58
authorized under this act, the candidate or officeholder must 59
determine that the security expenses are reasonably related to 60
security risks to themselves and the person's immediate family. 61
(2) All expenditures made under this act must be: 62
(a) Reported to the Office of the Secretary of State in 63
accordance with rules governing non-campaign disbursements; 64
(b) Supported by itemized receipts or invoices; and 65
(c) Subject to public disclosure under applicable 66
campaign finance laws; however, plans, designs or schematics are 67
exempt from the requirement for disclosure under this paragraph. 68
(3) Documentation of a specific threat or law enforcement 69
verification is not required. 70
SECTION 6. The Secretary of State shall adopt rules and 71
regulations as needed to implement and enforce the provisions of 72
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this act, including standardized reporting formats and audit 73
procedures. 74
SECTION 7. Section 23-15-821, Mississippi Code of 1972, is 75
amended as follows: 76
23-15-821. (1) The personal use of campaign contributions 77
by any elected public officeholder or by any candidate for public 78
office is prohibited. 79
(a) For the purposes of this section, "personal use" is 80
defined as any use, other than expenditures related to gaining or 81
holding public office, or performing the functions and duties of 82
public office, for which the candidate for public office or 83
elected public official would be required to treat the amount of 84
the expenditure as gross income under Section 61 of the Internal 85
Revenue Code of 1986, 26 USC Section 61, or any subsequent 86
corresponding Internal Revenue Code of the United States, as from 87
time to time amended. "Personal use" shall not include donations 88
to a political organization, or to a political action committee, 89
or to another candidate. 90
(b) "Candidate" shall mean any individual described in 91
Section 23-15-801(b), and shall include any person having been a 92
candidate until such time that the person takes office or files a 93
termination report as provided in this section. 94
(c) "Officeholder" shall mean any elected or appointed 95
official from the beginning of his or her term of office until 96
that person no longer holds office. 97
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(2) The following personal use expenditures are specifically 98
prohibited under this section: 99
(a) Any residential or household items, supplies or 100
expenditures, including mortgage, rent or utility payments for any 101
part of any personal residence where a homestead exemption is 102
claimed of a candidate or officeholder or a member of the 103
candidate's or officeholder's family; however, not included in 104
this prohibition are expenditures made for security expenses as 105
authorized under Sections 1 through 6 of this act; 106
(b) Mortgage, rent or utility payments for any part of 107
any nonresidential property that is owned by a candidate or 108
officeholder or a member of a candidate's or officeholder's family 109
and used for campaign purposes, to the extent the payments exceed 110
the fair market value of the property usage; 111
(c) Funeral, cremation or burial expenses within a 112
candidate's or officeholder's family; 113
(d) Clothing, other than items of de minimis value that 114
are used for gaining or holding public office or performing the 115
functions and duties of public office; 116
(e) Automobiles, except for automobile rental expenses 117
and other automobile expenses related to gaining or holding public 118
office or performing the functions and duties of public office; 119
(f) Tuition payments within a candidate's or 120
officeholder's family other than those associated with training 121
campaign staff or associated with an officeholder's duties; 122
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(g) Salary payments to a member of a candidate's 123
family, unless the family member is providing bona fide services 124
to the campaign. If a family member provides bona fide services 125
to a campaign, any salary payments in excess of the fair market 126
value of the services provided is personal use; 127
(h) Nondocumented loans of any type, including loans to 128
candidates; 129
(i) Travel expenses except for travel expenses of a 130
candidate, officeholder or staff member of the officeholder for 131
travel undertaken as an ordinary and necessary expense of gaining 132
or holding public office, or performing the functions and duties 133
of public office or for attending meetings or conferences of 134
officials similar to the office held or sought, or for an issue 135
the legislative body is or will consider, or attending a state or 136
national convention of any party. If a candidate or officeholder 137
uses campaign contributions to pay expenses associated with travel 138
that involves both personal activities and activities related to 139
gaining or holding public office or performing the functions and 140
duties of public office, the incremental expenses that result from 141
the personal activities are personal use, unless the person(s) 142
benefiting from this use reimburse(s) the campaign account within 143
thirty (30) days for the amount of the incremental expenses; and 144
(j) Payment of any fines, fees or penalties assessed 145
pursuant to Mississippi law. 146
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(3) Any expense that reasonably relates to gaining or 147
holding public office, or performing the functions and duties of 148
public office, is a specifically permitted use of campaign 149
contributions. Such expenditures are not considered personal use 150
expenditures and may include, but are not limited to, the 151
following expenditures: 152
(a) The defrayal of ordinary and necessary expenses of 153
a candidate or officeholder, including expenses reasonably related 154
to performing the duties of the office held or sought to be held; 155
(b) Campaign office or officeholder office expenses and 156
equipment, provided the expenditures and the use of the equipment 157
can be directly attributable to the campaign or office held; 158
(c) Donations to charitable organizations, 159
not-for-profit organizations or for sponsorships, provided the 160
candidate or officeholder does not receive monetary compensation, 161
other than reimbursements of expenses, from the recipient 162
organization; 163
(d) Gifts of nominal value and donations of a nominal 164
amount made on a special occasion such as a holiday, graduation, 165
marriage, retirement or death, unless made to a member of the 166
candidate's or officeholder's family; 167
(e) Meal and beverage expenses which are incurred as 168
part of a campaign activity or as a part of a function that is 169
related to the candidate's or officeholder's responsibilities, 170
including meals between and among candidates and/or officeholders 171
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that are incurred as an ordinary and necessary expense of seeking, 172
holding or maintaining public office, or seeking, holding or 173
maintaining a position within the Legislature or other publicly 174
elected body; 175
(f) Reasonable rental or accommodation expenses 176
incurred by an officeholder during a legislative session or a day 177
or days in which the officeholder is required by his or her duties 178
to be at the Capitol or another location outside the 179
officeholder's county of residence. Such rental or accommodation 180
expenses shall not exceed Fifty Dollars ($50.00) per day, if the 181
officeholder receives per diem, or One Hundred Ninety Dollars 182
($190.00) per day, if the officeholder receives no per diem. Any 183
expenses incurred under this paragraph (f) must be reported as an 184
expenditure pursuant to this section; 185
(g) Communication access expenses, including mobile 186
devices and Internet access costs. Examples of communication 187
access expenses include, but are not limited to, the following: 188
captioning on television advertisements; video clips; sign 189
language interpreters; computer-aided real-time (CART) services; 190
and assistive listening devices; 191
(h) Costs associated with memberships to chambers of 192
commerce and civic organizations; 193
(i) Legal fees and costs associated with any civil 194
action, criminal prosecution or investigation related to conduct 195
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reasonably related to the candidacy or performing the duties of 196
the office held. 197
(4) Upon filing the termination report required under 198
Section 23-15-807, any campaign contributions not used to pay for 199
the expenses of gaining or holding public office or performing the 200
functions and duties of public office shall: 201
(a) Be maintained in a campaign account(s); 202
(b) Be donated to a political organization, or to a 203
political action committee, or to another candidate; 204
(c) Be transferred, in whole or in part, into a newly 205
established political action committee or ballot question 206
advocate; 207
(d) Be donated to a tax-exempt charitable organization 208
as that term is used in Section 501(c)(3) of the Internal Revenue 209
Code of 1986, 26 USC Section 501, or any subsequent corresponding 210
Internal Revenue Code of the United States, as from time to time 211
amended; 212
(e) Be donated to the State of Mississippi; or 213
(f) Be returned to a donor or donors. 214
(5) Any candidate for public office or any elected official 215
who willfully violates this section shall be guilty of a 216
misdemeanor and punished by a fine of One Thousand Dollars 217
($1,000.00) and by a state assessment equal to the amount of 218
misappropriated campaign contributions. The state assessment 219
shall be deposited into the Public Employees' Retirement System. 220
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No fine or assessment imposed under this section shall be paid by 221
a third party. 222
(6) Any contributions accruing to a candidate's or 223
officeholder's campaign account before January 1, 2018, shall be 224
exempt and not subject to the provisions of this section. All 225
exempt contributions must be designated as exempt on all reports 226
filed with the Secretary of State pursuant to the provisions of 227
this chapter. 228
(7) The Mississippi Ethics Commission shall issue advisory 229
opinions regarding any of the requirements set forth in this 230
section. When any officeholder or candidate requests an advisory 231
opinion, in writing, and has stated all of the facts to govern the 232
opinion, and the Ethics Commission has prepared and delivered the 233
opinion with references to the request, there shall be no civil or 234
criminal liability accruing to or against any officeholder or 235
candidate who, in good faith, follows the direction of the opinion 236
and acts in accordance with the opinion, unless a court of 237
competent jurisdiction, after a full hearing, judicially declares 238
that the opinion is manifestly wrong and without any substantial 239
support. No opinion shall be given or considered if the opinion 240
would be given after judicial proceedings have commenced. 241
All advisory opinions issued pursuant to the provisions of 242
this subsection (7) shall be made public and shall be issued 243
within ninety (90) days of written request. The request for an 244
advisory opinion shall be confidential as to the identity of the 245
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individual making the request. The Ethics Commission shall, so 246
far as practicable and before making public * * * an advisory 247
opinion issued under the provisions of on this subsection (7), 248
make such deletions and changes thereto as may be necessary to 249
ensure the anonymity of the public official and any other person 250
named in the opinion. 251
SECTION 8. Section 23-15-807, Mississippi Code of 1972, is 252
brought forward as follows: 253
23-15-807. (a) Each candidate or political committee shall 254
file reports of contributions and disbursements in accordance with 255
the provisions of this section. All candidates or political 256
committees required to report such contributions and disbursements 257
may terminate the obligation to report only upon submitting a 258
final report that contributions will no longer be received or 259
disbursements made and that the candidate or committee has no 260
outstanding debts or obligations. The candidate, treasurer or 261
chief executive officer shall sign the report. 262
(b) Candidates seeking election, or nomination for election, 263
and political committees making expenditures to influence or 264
attempt to influence voters for or against the nomination for 265
election of one or more candidates or balloted measures at such 266
election, shall file the following reports: 267
(i) In any calendar year during which there is a 268
regularly scheduled election, a pre-election report shall be filed 269
no later than the seventh day before any election in which the 270
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candidate or political committee has accepted contributions or 271
made expenditures and shall be completed as of the tenth day 272
before the election; 273
(ii) In 1987 and every fourth year thereafter, periodic 274
reports shall be filed no later than the tenth day after April 30, 275
May 31, June 30, September 30 and December 31, and shall be 276
completed as of the last day of each period; 277
(iii) In any calendar years except 1987 and except 278
every fourth year thereafter, a report covering the calendar year 279
shall be filed no later than January 31 of the following calendar 280
year; and 281
(iv) Except as otherwise provided in the requirements 282
of paragraph (i) of this subsection (b), unopposed candidates are 283
not required to file pre-election reports but must file all other 284
reports required by paragraphs (ii) and (iii) of this subsection 285
(b). 286
(c) All candidates for judicial office as defined in Section 287
23-15-975, or their political committees, shall file periodic 288
reports in the year in which they are to be elected no later than 289
the tenth day after April 30, May 31, June 30, September 30 and 290
December 31. Candidates for judicial office shall not be required 291
to file an annual report during an election year, but shall file 292
an annual report in all other years. 293
(d) Each report under this article shall disclose: 294
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(i) For the reporting period and the calendar year, the 295
total amount of all contributions and the total amount of all 296
expenditures of the candidate or reporting committee, including 297
those required to be identified pursuant to paragraph (ii) of this 298
subsection (d) as well as the total of all other contributions and 299
expenditures during the calendar year. The reports shall be 300
cumulative during the calendar year to which they relate; 301
(ii) The identification of: 302
1. Each person or political committee who makes a 303
contribution to the reporting candidate or political committee 304
during the reporting period, whose contribution or contributions 305
within the calendar year have an aggregate amount or value in 306
excess of Two Hundred Dollars ($200.00) together with the date and 307
amount of any such contribution; 308
2. Each person or organization, candidate or 309
political committee who receives an expenditure, payment or other 310
transfer from the reporting candidate, political committee or its 311
agent, employee, designee, contractor, consultant or other person 312
or persons acting in its behalf during the reporting period when 313
the expenditure, payment or other transfer to the person, 314
organization, candidate or political committee within the calendar 315
year have an aggregate value or amount in excess of Two Hundred 316
Dollars ($200.00) together with the date and amount of the 317
expenditure; 318
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(iii) The total amount of cash on hand of each 319
reporting candidate and reporting political committee; 320
(iv) In addition to the contents of reports specified 321
in paragraphs (i), (ii) and (iii) of this subsection (d), each 322
political party shall disclose: 323
1. Each person or political committee who makes a 324
contribution to a political party during the reporting period and 325
whose contribution or contributions to a political party within 326
the calendar year have an aggregate amount or value in excess of 327
Two Hundred Dollars ($200.00), together with the date and amount 328
of the contribution; 329
2. Each person or organization who receives an 330
expenditure or expenditures by a political party during the 331
reporting period when the expenditure or expenditures to the 332
person or organization within the calendar year have an aggregate 333
value or amount in excess of Two Hundred Dollars ($200.00), 334
together with the date and amount of the expenditure; 335
(v) Disclosure required under this section of an 336
expenditure to a credit card issuer, financial institution or 337
business allowing payments and money transfers to be made over the 338
Internet must include, by way of detail or separate entry, the 339
amount of funds passing to each person, business entity or 340
organization receiving funds from the expenditure. 341
(e) The appropriate office specified in Section 23-15-805 342
must be in actual receipt of the reports specified in this article 343
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by 5:00 p.m. on the dates specified in subsection (b) of this 344
section. If the date specified in subsection (b) of this section 345
shall fall on a weekend or legal holiday then the report shall be 346
due in the appropriate office at 5:00 p.m. on the first working 347
day before the date specified in subsection (b) of this section. 348
The reporting candidate or reporting political committee shall 349
ensure that the reports are delivered to the appropriate office by 350
the filing deadline. The Secretary of State may approve specific 351
means of electronic transmission of completed campaign finance 352
disclosure reports, which may include, but not be limited to, 353
transmission by electronic facsimile (FAX) devices. 354
(f) (i) If any contribution of more than Two Hundred 355
Dollars ($200.00) is received by a candidate or candidate's 356
political committee after the tenth day, but more than forty-eight 357
(48) hours before 12:01 a.m. of the day of the election, the 358
candidate or political committee shall notify the appropriate 359
office designated in Section 23-15-805, within forty-eight (48) 360
hours of receipt of the contribution. The notification shall 361
include: 362
1. The name of the receiving candidate; 363
2. The name of the receiving candidate's political 364
committee, if any; 365
3. The office sought by the candidate; 366
4. The identification of the contributor; 367
5. The date of receipt; 368
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6. The amount of the contribution; 369
7. If the contribution is in-kind, a description 370
of the in-kind contribution; and 371
8. The signature of the candidate or the treasurer 372
or chair of the candidate's political organization. 373
(ii) The notification shall be in writing, and may be 374
transmitted by overnight mail, courier service, or other reliable 375
means, including electronic facsimile (FAX), but the candidate or 376
candidate's committee shall ensure that the notification shall in 377
fact be received in the appropriate office designated in Section 378
23-15-805 within forty-eight (48) hours of the contribution. 379
SECTION 9. Section 23-15-809, Mississippi Code of 1972, is 380
brought forward as follows: 381
23-15-809. (a) Every person who makes independent 382
expenditures in an aggregate amount or value in excess of Two 383
Hundred Dollars ($200.00) during a calendar year shall file a 384
statement containing the information required under Section 385
23-15-807. Such statement shall be filed with the appropriate 386
offices as provided for in Section 23-15-805, and such person 387
shall be considered a political committee for the purpose of 388
determining place of filing. 389
(b) Statements required to be filed by this subsection shall 390
include: 391
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ST: Safeguarding Election Candidates using
Resonable Expenditures (SECURE) Act; create.
(i) Information indicating whether the independent 392
expenditure is in support of, or in opposition to, the candidate 393
involved; 394
(ii) Under penalty of perjury, a certification of 395
whether or not such independent expenditure is made in 396
cooperation, consultation or concert with, or at the request or 397
suggestion of, any candidate or any authorized committee or agent 398
of such candidate; and 399
(iii) The identification of each person who made a 400
contribution in excess of Two Hundred Dollars ($200.00) to the 401
person filing such statement which was made for the purpose of 402
furthering an independent expenditure. 403
SECTION 10. This act shall take effect and be in force from 404
and after its passage. 405