Stilla's assessment echoes guidance regarding candidate salaries publicly available on the FEC's website. The provision states that the "first payment of salary shall be made no sooner than the filing deadline for access to the primary election ballot in the state in which the candidate is running for office."

Because Balter is seeking to run for office in New York, she can't accept a salary from her campaign until April 2, 2020 — the filing deadline for the federal primary election ballot.

"Salary payments made before this date constitutes a personal use of campaign funds," Stilla added. Using campaign funds for personal use is prohibited, according to the FEC.

Balter's campaign must respond to the commission by Sept. 10. The campaign committee could be audited or face penalties if it doesn't respond by that date.

Along with the required response, Balter must return her salary and the campaign must notify the commission of the reimbursement. The campaign will be required to amend its July quarterly filing to "clarify what action you will take concerning the apparent personal use of campaign funds."