Rule 44.11.706 - PROHIBITIONS(1) The following prohibitions apply to a constituent services account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, ARM 44.11.702 and 44.11.703, and the rules in this chapter:(a) An eligible elected official may not establish any other account related to the eligible elected official's public office after May 14, 2007, except for a campaign account.(b) Only surplus campaign funds as defined in ARM 44.11.702 may be deposited in a constituent services account established under Title 13, chapter 37, part 4, MCA, and the rules in this chapter, except for the payment of interest as provided in ARM 44.11.710. An eligible elected official may not: (i) deposit funds from a pre-existing account or any other account related to the eligible elected official's public office into a constituent services account established under Title 13, chapter 37, part 4, MCA;(ii) solicit or receive cash or anything of monetary value for deposit in a constituent services account or to provide constituent services; or(iii) solicit or receive an in-kind donation to provide constituent services.(c) A constituent services account established under Title 13, chapter 37, part 4, MCA, may only be used to provide constituent services.(d) Constituent services account funds may not be used for personal benefit as specified in 13-37-240 and 13-37-402, MCA, ARM 44.11.702, and 44.11.703, and the rules in this chapter. Constituent services account funds may not be used to pay compensation to an eligible elected official or a member of an eligible elected official's immediate family except as expressly provided in the rules in this chapter.(e) Expenditures cannot be made from a constituent services account if the eligible elected official has an open campaign account for any elective office, including an elective office other than the office currently held. However, constituent services account funds may be used to pay for constituent services provided or expenses incurred to provide constituent services before the date upon which a campaign account was opened if payments for such services or expenses are supported by written documentation as provided in ARM 44.11.709.(f) Constituent services account funds may not be contributed to another ballot issue or candidate campaign, including the eligible elected official's own future campaign.(2) Subsections (1)(d) and (1)(f) apply to: (a) a pre-existing account in which surplus campaign funds have been deposited; or(b) the expenditure of surplus campaign funds by any elected official described in ARM 44.11.704.Mont. Admin. r. 44.11.706
Transferred from Rule 44.10.539, 2016 MAR p. 28, Eff. 1/9/2016.AUTH: 13-37-114, MCA; IMP: 13-37-401, 13-37-402, MCA