New bill could allow campaign finances to cover dependent care

Campaign finances could soon be used to cover the costs of childcare if the Alabama Legislature approves a bill filed by State Rep. Leigh Hulsey, R-Helena.

HB62 adds “dependent care expenses” as an acceptable expenditure of campaign finances while the candidate or public official is engaged in campaign activity or in the duties of the office.

“We don’t have a lot of representation in the body with young children, although we do have some,” Hulsey said. “We don’t have any females in the body with young children. If we’re wanting to recruit and expand that candidate pool, I think this is one of those things that would enable more people to consider running for office.”

Hulsey said she got the idea after attending a conference on artificial intelligence, where she sat next to two Oklahoma lawmakers who spoke to her about similar legislation being passed in the state.

Two rulings from the Federal Election Commission in 2018 and 2019 allowed federal candidates to use campaign contributions to cover childcare expenses, and 38 states have made allowed for childcare costs to be covered out of campaign finances, whether through legislation or opinion.

While most of these laws specifically cover “childcare,” the language in Hulsey’s bill could extend to other caregiving expenses, whether for a disabled individual or any other individual for whom the candidate has caregiving responsibility. Hulsey has a child on the autism spectrum that requires care.

The bill defines “dependent care expenses” as “expenses incurred as a direct result of caring for and supervising dependent children, a disabled individual, or other individual for whom the candidate has caregiving responsibility while the candidate or public official is engaged in campaign related activities or performing the duties of the office held.”

While the use of campaign finances for dependent care is not codified, the Alabama Ethics Commission issued an opinion in 2018 allowing Jennifer Gray, a candidate running for House District 45, to use excess campaign funds toward childcare.

“Under the facts supplied, the candidate would not have needed the childcare but for the fact that she is a candidate and without childcare she cannot participate in the described activities,” the ethics commission ruled. “Moreover, she has no reasonable option available to her but to pay for childcare. The payments must be reasonable and customary for the services rendered, and the campaign must properly document the expenditures. The conclusion reached herein applies only to these facts and may not be applied beyond these facts.”

The Vote Mama Foundation, an organization looking to expand the practice nationwide, counts 14 states that have broadened their allowed expenditures to apply to dependent care, and 14 states that have made it possible to use the campaign funds for childcare costs while the official performs public duties.

“The cost of childcare is a systemic barrier preventing mamas from running for office—at every level of government,” Vote Mama says on its webpage detailing the campaign. “The cost of care disproportionately affects how and when moms are able to run for office. By passing (Campaign Finance for Child Care) in all 50 states, we aim to make it easier for everyday mamas to represent their communities and advance truly family-friendly legislation.”

Hulsey said she hopes passage of the legislation can help expand the candidate pool to recruit more parents of young children that currently have difficulty pursuing public service.

The legislative session begins in February 2025.