Offic of Campaign Finance

Campaign Finance Guide

2015

Office of Campaign Finance

CAMPAIGN FINANCE GUIDE

Office of Campaign Finance

Frank D. Reeves Municipal Building

2000 14th Street, NW, Suite 433

Washington, DC 20009

Phone: (202) 671-0547

TABLE OF CONTENTS

INTRODUCTION …………………………………………………………………………………………….….1

About the Campaign Finance Act ...……………………………………………………………………………….…1

About the Office of Campaign Finance ……………………………………………………………………….…...2

About the District of Columbia Board of Elections ………………………………………………………….2

About the Electronic Filing of Reports at the OCF Website……..……………………………………….2

Reports Available for Electronic Filing………………………………………………………………………….…..2

SECTION 1: CANDIDATES ………………………………………………….………….………………………3

Definition of Candidate….………………………………………………………………………………………………….3

Registration and Training Requirements for Candidates…………………………………………………..3

Candidate Reporting Requirements...4

Candidate Waiver from the Filing and Reporting Requirements………………………………………4

Termination of Candidacy…………………………………………………………………………………………………5

Things to Remember.……………………………………………………………………………..…………………………5

SECTION 2: PRINCIPAL CAMPAIGN COMMITTEES…………………………………..………………..6

Definition of Principal Campaign Committee..…………………………………..………………………………6

Registration Requirements for Principal Campaign Committees …..…………………………………6

Reporting Requirements for Principal Campaign Committees..………...……………………………..7

Naming the Principal Campaign Committee.…………………………………..……………………………….7

Surplus Funds….….………………………………………………………………………….………………………………….7

Things to Remember.……………………………………………………………………….……………………………...8

SECTION 3: POLITICAL COMMITTEES, POLITICAL ACTION COMMITTEES, AND

INDEPENDENT EXPENDITURE COMMITTEES …………………………………………………………..9

Definition of Political Committee, Political Action Committee, and Independent

Expenditure Committee….…………………………………………………………………………………..9

Registration and Training Requirements for Political Committees, Political Action

Committees, and Independent Expenditure Committees …………………….9

Reporting Requirements for Political Committees, Political Action Committees, and

Independent Expenditure Committees ………………………………………………………….10

Notification of Non-Support …………………………………………………………………………………………..10

Things to Remember ………………………………………………………………………………………………………10

SECTION 4: CONTRIBUTIONS …………………………………………………………………………….12

Definition of Contribution ……………………………………………………………………………………………....12

Contribution Limits ………………………………………………………………………………………………………....12

Candidates’ Contributions to Their Own Campaign …………………………………………………….…13

Partnership Contributions …………………………………………………………………………………………….…14

Contributions by Business Entities ………………………………………………………………………………...14

In-Kind Contributions ……………………………………………………………………………………………………..14

Itemized and Non-Itemized Contributions ……………………………………………………………………..14

Things to Remember ………………………………………………………………………………………………………14

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TABLE OF CONTENTS

SECTION 5: EXPENDITURES………………………………………………………………………………….15

Definition of Expenditure…………………………………………………………………………………………………15

Expenditure Limitations……………………………………………………………………………………………………15

Itemizing Expenditures……………………………………………………………………………………………......…..16

Independent Expenditures……………………………………………………………………………………………….16

Reporting Requirements for Independent Expenditures…………………………………………………16

Things to Remember…………………………………………………………………………………………………….....17

SECTION 6: INITIATIVE, REFERENDUM, RECALL AND PROPOSED CHARTER AMENDMENT

COMMITTEES…………………………………………………………………………………………………….18

Definition of Initiative, Referendum, Recall and Proposed Charter Amendment

Committees …………………………………………………………………………………………………………………….18

Registration and Reporting Requirements for Initiative, Referendum, Recall and

Proposed Charter Amendment Committees….…………………………………………….………………….18

Filing Deadlines for Initiative, Referendum, Recall and Proposed Charter Amendment

Committees……………………………………………………………………………………………………………………..18

Things to Remember……………………………………………………………………………………………………….19

SECTION 7: EXPLORATORY COMMITTEES………………………………………………………………20

Definition of Exploratory Committee……………………………………………………………………………….20

Registration and Reporting Requirements for Exploratory

Committees..……………………….......................................................................................................................20

Contributions to Exploratory Committees………………………………………………………………….……20

Duration of an Exploratory Committee…...............................................................................................21

Fund Balance Requirements of Exploratory

Committees…………………………………………………21

Things to Remember……………………………………………………………………………………………………….21

SECTION 8: INAUGURAL COMMITTEES…………………………………………………………………22

Definition of Inaugural Committee…………………………………………………………………………………22

Registration Requirements for Inaugural Committees……………………………………………………22

Reporting Requirements for Inaugural Committees……………………………………………………….22

Contributions to Inaugural Committees………………………………………………………………………….23

Fund Balance Requirements of Inaugural Committees…………………………………………………..23

Duration of an Inaugural Committee ……………………………………………………………………………..23

Things to Remember………………………………………………………………………………………………………23

SECTION 9: TRANSITION COMMITTTEES………………………………………………………………24

Definition of Transition Committee………………………………………………………………………..……….24

Registration Requirements for Transition Committees…………………………………………………...24

Restriction on Formation of Transition Committees………………………………………………………..24

Reporting Requirements for Transition Committees……………………………………………………....24

Contributions to Transition Committees………………………………………………………………………….25

Fund Balance Requirements of Transition Committees…………………………………………………..25

Duration of a Transition Committee ……………………………………………………………………………….25

Rev. 1.31.15 ii

Things to Remember……………………………………………………………………………………………………….25

TABLE OF CONTENTS

SECTION 10: LEGAL DEFENSE COMMITTEES………………………………………….………………..26

Definition of Legal Defense Committee……………………………………………………..……………………26

Registration Requirements for Legal Defense Committees………………………….…………………26

Restriction on Formation of Legal Defense Committees…………………………………………………26

Reporting Requirements for Legal Defense Committees………………………..……………………….26

Contributions and Expenditures for Legal Defense Committees……………………………………..27

Fund Balance Requirements for Legal Defense Committees…………………………………………...27

Things to Remember………………………………………………………………………….…………………………...27

SECTION 11: CONSTITUENT SERVICE PROGRAM……………………………………………………28

Definition of Constituent Service Program……………………………………………………………………..28

Registration Requirements for Constituent Service Programs……………………………………….28

Reporting Requirements for Constituent Service Programs…………………………………………..28

Contribution and Expenditure Limits for Constituent Service Programs ……………………….28

Things to Remember……………………………………………………………………………………………………...29

SECTION 12: IDENTIFICATION OF CAMPAIGN LITERATURE……………………………………….30

Definition of Campaign Literature…………………………………………………………………………………..30

Identification of Campaign Literature……………………………………………………………………………..30

Things to Remember………………………………………………………………………………………………………31

SECTION 13: STATEHOOD FUND PROGRAM…………………………………………………………..32

Definition of Statehood Fund Program…………………………………………………………………………..32

Registration Requirements for Statehood Fund Programs…………………………………………….32

Reporting Requirements for Statehood Fund Programs……………………………………………..…32

Dissolution of a Statehood Fund Program …………………………………………………………………….32

Things to Remember…………………………………………………………………………………………………….…33

SECTION 14: PROHIBITION ON USE OF GOVERNMENT RESOURCES FOR CAMPAIGN-

RELATED ACTIVITY…………………………………………………………………………………………….34

Prohibition on Use of Government Resources………………………………………………………………..34

Personal and Nonpersonal Services………………………………………………………………………………..34

Things to Remember……………………………………………………………………………………………………....34

SECTION 15: RESTRICTIONS ON POLITICAL ACTIVITY………………………………………………35

The Local Hatch Act………………………………………………………………………………………………………....35

Enforcement…………………………………………………………………………………………………………………….35

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Campaign Finance Guide

Introduction

The Campaign Finance Guide (Guide) is a summary of the regulations that address the

procedures and guidelines, which govern the registration, financial reporting and

disclosure requirements of candidates, political committees, political action committees,

independent expenditure committees, elected public officials, and Senators and

Representatives in the District of Columbia.

We hope that the Guide will be informative and provide the information needed for

access to the financial accountability and disclosure process in the District of Columbia.

For more detailed information and analysis, you should contact the Office of Campaign

Finance (OCF).

The Office of Campaign Finance is located in the Frank D. Reeves Municipal Building,

2000 14th Street, N.W., Suite 433, Washington, D.C. 20009. The phone number for the

OCF is (202) 671-0547. You may also visit us at our website at www.ocf.dc.gov.

About the Campaign Finance Act

The Campaign Finance Act of 2011, as amended, D.C. Official Code, Sections 1-

1163.01 et seq. (2013), (Act) was enacted to provide a means for monitoring and

enforcing the campaign finance and disclosure requirements established for candidates,

political committees, political action committees, independent expenditure committees,

elected public officials, and Senators and Representatives in the District of Columbia.

The primary goal of this legislation is to require that local candidates seeking election to

public office, elected public officials, and the treasurers of all committees, and the

constituent services and statehood fund programs make complete and full financial

disclosures. Various provisions of the Campaign Finance Act are clarified by

regulations promulgated by the Office of Campaign Finance (OCF) with the approval of

the Board of Elections. The OCF regulations are cited under Chapters 30-41 of Title 3

of the District of Columbia Municipal Regulations (January 2015).

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About the Office of Campaign Finance

The Office of Campaign Finance (OCF), established within the D.C. Board of Elections,

administers and enforces the District laws pertaining to campaign finance operations

and the constituent service and statehood fund programs.

The primary objective of the Office of Campaign Finance is to obtain voluntary

compliance with the Act. To achieve this goal, the OCF provides an extensive public

information and education service for persons subject to the Act, thereby increasing

OCF’s public disclosure capabilities. The Director of Campaign Finance is committed to

the delivery of an active outreach program which educates and provides information to

candidates, committees, public officials, and the public.

The OCF is organized into three major divisions which operate under the Director: the

Public Information and Records Management Division (PIRM); the Reports Analysis and

Audit Division (RAAD); and the Office of the General Counsel (OGC). Each OCF

component is organized to support, service, and develop an effective financial reporting

and disclosure program for the District of Columbia.

About the District of Columbia Board of Elections

The District of Columbia Board of Elections (BOE) is the independent agency of the

District Government, which is responsible for the administration of elections, ballot

access, and voter registration in the District of Columbia. The BOE consists of three

active Board members, an Executive Director, a General Counsel, and Management

and support staff who run the day-to-day operations.

About the Electronic Filing of Reports at the OCF Website

All financial reports filed under the Campaign Finance Act must be submitted

online, except where actual hardship in complying is demonstrated. The OCF has

a web-based Electronic Filing and Disclosure System for use by candidates, public

officials, committees, constituent service and statehood fund programs, and the public.

This electronic filing system is a convenient method by which candidates, committees,

public officials, and constituent service and statehood fund programs file financial

reports at the OCF website with minimum effort. The public may view these reports in

real-time after the reports have been filed.

Within 30 days of registration, each candidate, committee, public official, and

constituent service and statehood fund program will be provided a User ID and

Password to access the electronic filing system.

Reports Available for Electronic Filing:

 Report of Receipts and Expenditures (Candidates and Committees)

 Report of Receipts and Expenditures for Constituent Service Programs

 Report of Receipts and Expenditures for Senators and Representatives

 Summary Financial Statement for ANC Candidates

Those for whom an exception to file electronically is granted, may download and

print the above reports from the OCF website.

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Campaign Finance Guide

Section 1: Candidates

 Definition of Candidate

 Registration and Training Requirements for Candidates

 Candidate Reporting Requirements

 Candidate Waiver of the Reporting Requirements

 Termination of Candidacy

 Things to Remember

Definition of Candidate

(D.C. Official Code § 1-1161.01(6))

A candidate is an individual who seeks nomination for election, or election to office,

whether or not the individual is nominated or elected. An individual should be

considered a candidate seeking nomination for election, or re-election, if the individual

has:

a) Obtained, or authorized any other person to obtain nominating petitions to qualify

for nomination for election, or election to office;

b) Received contributions or made expenditures, or given his or her consent to any

other person to receive contributions or make expenditures, with the purpose to

bring about his or her nomination for election, or election, to office; or

c) Knowledge, or has reason to know, that any other person has received

contributions or made expenditures for the benefit of a candidate seeking

nomination for election, and has not notified that person in writing to cease

receiving contributions or making expenditures for that purpose.

Registration and Training Requirements for Candidates

(D.C. Official Code §§ 1-1163.04 (7A) and 1-1163.12)

An individual must file a Statement of Candidacy form with the Office of Campaign

Finance within 5 days of becoming a candidate or within 5 days of the date on which

you, or any person authorized by you to do so, has received a contribution or made an

expenditure in connection with your campaign for the purpose of preparing to undertake

your campaign, whichever occurs first.

A candidate for public office in the District of Columbia must attend a training

program in person before the Office of Campaign Finance concerning the

reporting requirements within fifteen (15) calendar days of the date on which the

Statement of Candidacy form is filed.

Candidates for the Office of Advisory Neighborhood Commission (ANC) member are

excluded from these requirements.

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Candidate Reporting Requirements

(D.C. Official Code §§ 1-1163.04 (1A), 1-1163.09 and 1-1163.14 and 3 DCMR §

3002.5)

Campaign Finance Reports of Receipts and Expenditures are required to be filed by all

candidates who have not been granted a waiver by the Director. The Report of

Receipts and Expenditures must be filed online at the OCF website unless an

exception to this requirement is granted by the Director. Candidates, who anticipate

spending less than $500.00 in any one election and have not designated a principal

campaign committee, may be exempted from the filing and reporting requirements of

the Campaign Finance Act. To invoke the exemption, a candidate must certify on the

Statement of Candidacy form that the candidate anticipates spending less than $500 in

any one election and will not designate a Principal Campaign Committee.

The candidate must also certify (by filing a Report of Exemption for a Candidate

Spending Less than $500 form) on the 15

day prior to the election and on the 30th day

following the date of the election that the candidate has not spent in excess of $500.00

for purposes of seeking election to office.

Advisory Neighborhood Commission (ANC) candidates are not required to file Reports

of Receipts and Expenditures. ANC candidates must file online at the OCF website,

unless an exception to this requirement is granted by the Director, the Summary

Financial Statement of Candidate for the Office of Member of an Advisory

Neighborhood Commission (OCF Form 18), no later than sixty (60) days after the

certification by the Board of Elections of the results of the election in which the

candidate sought office.

Candidate Waiver from the Filing and Reporting Requirements

(3 DCMR § 3004)

A candidate who has designated a principal campaign committee may apply, on a

Request for Candidate Waiver form, for a waiver from filing reports separate from the

candidate’s committee. The Director may grant a waiver of the filing and reporting

requirements upon certification by a candidate that, within 5 days after personally

receiving any contribution(s), the candidate shall surrender possession of the

contribution(s) to the principal campaign committee treasurer without expenditures or

co-mingling of the contributions with one’s personal funds.

All funds must be surrendered to the principal campaign committee treasurer within 5

days of receipt; otherwise, a candidate must file a separate candidate Report of

Receipts and Expenditures.

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Termination of Candidacy

(3 DCMR § 3002.11)

With the exception of ANC candidates, each individual who ceases to become a

candidate shall immediately file a Statement of Candidate Withdrawal form upon

termination of the candidacy.

Things to Remember

 An individual must file a Statement of Candidacy as a candidate within 5 days of

receiving or making a campaign contribution or expenditure; obtaining nominating

petitions; authorizing any other person to perform the aforementioned acts; or failing

to disavow such acts by any other person on the individual’s behalf in writing within

ten (10) days following notification by the Director.

 Each candidate for public office is required to attend in person training with the

Office of Campaign Finance on the reporting requirements.

 Each candidate is required to file a Report of Receipts and Expenditures; provided

that, the candidate is not exempt as a candidate who spends less than $500.00 and

has not designated a principal campaign committee; or the candidate has not been

granted a waiver from filing reports separate from the candidate’s committee.

 Reports of Receipts and Expenditures must be filed online at the OCF website

unless an exception to this requirement is granted.

 Each ANC candidate must file online at the OCF website the Summary Financial

Statement of Candidate for the Office of Member of an Advisory Neighborhood

Commission (OCF Form 18), no later than sixty (60) days after the certification of the

results of the election in which the candidate sought office.

Rev. 1.31.15 Page | 5

Campaign Finance Guide

Section 2: Principal Campaign Committees

 Definition of Principal Campaign Committee

 Registration Requirements for Principal Campaign Committees

 Reporting Requirements for Principal Campaign Committees

 Naming the Principal Campaign Committee

 Surplus Funds

 Things to Remember

Definition of Principal Campaign Committee

(3 DCMR § 9900.1 and D.C. Official Code § 1-1163.10)

A Principal Campaign Committee is an organized group of individuals whose name

includes the name of a clearly identified candidate, seeking to cause the candidate’s

nomination or election to office in the District of Columbia.

Each candidate must designate in writing, on the Statement of Candidacy form, only

one (1) principal campaign committee. The principal campaign committee is required to

file all Reports of Receipts and Expenditures with the Office of Campaign Finance on

behalf of that candidate and any other political committees authorized by the candidate.

A political committee may not be designated as the principal campaign committee of

more than one candidate for office unless the individual is a candidate for an official of a

political party.

Registration Requirements for Principal Campaign Committees

(D.C. Official Code §§ 1-1163.07 and 1-1163.08(a))

Each principal campaign committee must file a Statement of Organization with the

Office of Campaign Finance within 10 days of designation by a candidate on the

Statement of Candidacy form. A principal campaign committee must have a

chairperson, treasurer, and one or more campaign depositories located in a national

bank in the District of Columbia. Any change in information previously submitted in a

Statement of Organization must be reported to the Office of Campaign Finance within

the 10-day period following the change.

Rev. 1.31.15 Page | 6

Reporting Requirements for Principal Campaign Committees

(D.C. Official Code §§ 1-1163.04 (1A), and 1-1163.09(a) and (b))

The treasurer of a principal campaign committee must file online at the OCF website a

Report of Receipts and Expenditures on March 10

, June 10

, August 10

, October

, and December 10

in the seven (7) months preceding the date on which an

election is held for which the candidate seeks office and the political committee supports

a candidate for office; and on January 31

, March 10

, June 10

, August 10

, October

and December 10

, during the year an election is held for the office its candidate

seeks, and on the 8

day preceding the date of the election.

The reports shall be complete as of the date prescribed by the Director of Campaign

Finance, which shall not be more than 5 days before the date of filing, except that any

contribution of $200 or more received after the closing date prescribed by the Director of

Campaign Finance for the last report required to be filed before the election shall be

reported within 24 hours after receipts on the 24 Hour Report of Receipts for

Candidates or Political Committees.

Continuous reporting is required on January 31

and July 31

of each year until all

debts and obligations of the Committee have been satisfied. The obligation to file

reports continues until the treasurer files a final report, notwithstanding the withdrawal of

the candidate prior to the election, or the outcome of an election. A Report of Receipts

and Expenditures must be filed electronically, unless an exception to the electronic

filing requirement is granted by the Director.

Naming the Principal Campaign Committee

(3 DCMR § 3000.7 (f))

The principal campaign committee and any authorized committee designated by a

candidate on the Statement of Candidate form must include the name of the candidate

for elective office in its name.

Surplus Funds

(D.C. Official Code § 1-1163.10a)

An individual, who seeks nomination for election, or election to office, is required to

dispose of any surplus, residual or unexpended campaign funds. Surplus funds must

be:

1) Contributed to a political party for political purposes;

2) Used to retire the proper debts of the political committee which received the

funds;

Rev. 1.31.15 Page | 7

3) Transferred to a political committee, a charitable organization in accordance with

§ 47-1803.03(a)(8), or in the case of an elected official, an established

constituent services fund; or

4) Returned to the donors within six months following the election, in the case of an

individual elected to office or defeated in an election; or within six months after an

individual, ceasing to be a candidate, terminates their candidacy.

Things to Remember

 A Principal Campaign Committee must file a Statement of Organization within 10

days of designation by a candidate on the Statement of Candidacy form.

 A Principal Campaign Committee must have a chairperson, treasurer, and one or

more campaign depositories in a national bank located in the District of Columbia.

 A Principal Campaign Committee must file Reports of Receipts and Expenditures

online at the OCF website.

 Surplus Funds must be disposed of within certain prescribed time frames.

Rev. 1.31.15 Page | 8

Campaign Finance Guide

Section 3: Political Committees, Political Action Committees, and Independent

Expenditure Committees

 Definition of Political Committee, Political Action Committee, and Independent

Expenditure Committee

 Registration and Training Requirements for Political Committees, Political

Action Committees, and Independent Expenditure Committees

 Reporting Requirements for Political Committees, Political Action Committees,

and Independent Expenditure Committees

 Notification of Non-Support

 Things to Remember

Definition of Political Committee, Political Action Committee, and

Independent Expenditure Committee

(D.C. Official Code §§§ 1-1161.01 (28B) (43A) and (44))

A political committee is a committee (including a principal campaign, inaugural,

transition, or legal defense committee), club, association, organization or other group

of individuals organized for the purpose of, or engaged in, promoting or opposing a

political party, the nomination or election of a person to public office, or any initiative,

referendum or recall; and controlled or coordinated with anyone acting on behalf of

a candidate or public official.

A political committee may be an authorized committee. An authorized committee

means the principal campaign committee or any other political committee

authorized and designated by a candidate on the Statement of Candidacy form to

receive contributions or to make expenditures on behalf of such candidate; or

otherwise associated with a candidate or a public official, including an inaugural,

transition, or legal defense committee.

A political action committee is any committee, club, association, organization or

other group of individuals organized for the principal purpose of promoting or

opposing the nomination or election of a person to public office; a political party;

or any initiative, referendum or recall, and is not controlled or coordinated with

any public official or candidate, or any person acting on behalf of a public official.

An independent expenditure committee is any committee, club, association,

organization or other group of individuals organized for the principal purpose of

making independent expenditures; is not controlled or coordinated with any

public official or candidate, or any person acting on their behalf; and makes no

transfer or contributions of funds to political committees, political action

committees, or candidates.

Registration and Training Requirements for Political Committees, Political

Action Committees, and Independent Expenditure Committees

(D.C. Official Code §§ 1-1163.04 (7A), 1-1163.07 and 1-1163.11)

All political committees, political action committees, and independent

expenditure committees must register with the Office of Campaign Finance and file a

Statement of Organization form within ten (10) days of organization or designation by a

Rev. 1.31.15 Page | 9

candidate on the Statement of Candidacy form. Each statement of organization filed by

a political committee shall adhere to the disclosure requirements prescribed by §§ 1-

1163.07 and 1-1163.1, including the designation of a chairman and treasurer, and

a bank depository.

The treasurer of each political committee, political action committee, and

independent expenditure committee must attend an in person training with the

Office of Campaign Finance concerning the reporting requirements of the

Campaign Finance Act within fifteen (15) calendar days from the date the

Statement of Organization form has been filed with the Agency.

Reporting Requirements for Political Committees, Political Action

Committees, and Independent Expenditure Committees

(D.C. Official Code §§ 1-1163.09 and 1-1163.17)

The treasurer of each political committee, political action committee, and

independent expenditure committee must file online at the OCF website a Report of

Receipts and Expenditures on March 10

, June 10

, August 10

, October 10

, and

December 10

, in the seven (7) months preceding the date on which an election is held,

for which the political committee supports a candidate for office; and on January 31

March 10

, June 10

, August 10

, October 10

and December 10

, during the year an

election is held for the office its candidate seeks, and on the 8

day preceding the date

of the election. Each report filed must adhere to the disclosure requirements prescribed

by §§ 1-1163.09(c) and 1-1163.17.

Notification of Non-Support

(3 DCMR §§3000.18 and 3000.19)

Political action committees and independent expenditure committees that do not

intend to support candidates during scheduled elections must file a Notification of Non-

Support form with the Office of Campaign Finance by January 31

of each year. Once

filed, these committees are required to file a Report of Receipts and Expenditures on

January 31

(year-end) and July 31

(mid-year), as required by D.C. Official Code,

Section 1-1163.09(b).

A political committee must inform the Director of OCF in writing, within ten (10) days, of

a change in the committee’s intention not to support a candidate. The political

committee will then be required to file Reports of Receipts and Expenditures in

accordance with D.C. Official Code § 1-1163.09(b) and (c), commencing with the next

prescribed filing date.

Things to Remember

 All political committees, political action committees, and independent

expenditure committees must register with the Office of Campaign Finance and file

a Statement of Organization within ten (10) days of organization or designation by a

candidate.

 All committees must file Reports of Receipts and Expenditures.

 Each political action committee and independent expenditure committee must

indicate its intent not to support a candidate by filing a Notification of Non-Support

form by January 31

of each year.

Rev. 1.31.15 Page | 10

 A political action committee and an independent expenditure committee must

notify the Director of OCF within 10 days of a change in the committee’s intention

not to support a candidate.

Rev. 1.31.15 Page | 11

Campaign Finance Guide

Section 4: Contributions

 Definition of Contribution

 Contribution Limits

 Candidates’ Contributions to Their Own Campaign

 Partnership Contributions

 Contributions by Business Entities

 In-Kind Contributions

 Itemized and Unitized Contributions

 Things to Remember

Definition of Contribution

(D.C. Official Code § 1-1161.01(10) (A)

The term “contribution” means a gift, subscription (including any assessment,

fee, or membership dues), loan (except a loan made in the regular course of

business by a business engaged in the business of making loans), advance, or

deposit of money or anything of value, made for the purpose of financing, directly

or indirectly: (a) the election campaign of a candidate; (b) any operations of a

political committee or political action committee; and c) the campaign to obtain

signatures on any initiative, referendum, or recall measure, or to bring about

the ratification or defeat of any initiative, referendum, or recall measure, or the

operations of a political committee involved in such a campaign. A “contribution”

also includes the transfer of funds between political committees, political action

committees, a political committee and a political action committee, or candidates;

and the payment of compensation by any person other than a candidate or

committee for the personal services of another rendered without charge, or for

less than reasonable value, or the furnishing of goods, advertising or services

without charge or for less than the rate normally charged for such services.

Contribution Limits

(D.C. Official Code § 1-1163.33)

No person, including a business contributor, may make any contribution, and no

person shall receive any contribution from any other person, which when aggregated

with all other contributions received from that person relating to a campaign for

nomination or election to public office, including both the primary and general election or

special elections, exceed the contribution limits per elective office as follows:

a) $2,000 for Mayor or for the recall of the Mayor, U.S. Senator and U.S.

Representative to Congress;

b) $1500 for Attorney General or for the recall of the Attorney General;

c) $1,500 for Chairman of the Council, or for the recall of the Chairman of the

Council;

d) $1,000 for a Member of the Council at-large, or for the recall of a Member of the

Council at-large;

e) $500 for a Member of the Council elected from a ward and Member of the State

Board of Education at-large, or for the recall of a Member of the Council elected

Rev. 1.31.15 Page | 12

from a ward and Member of the State Board of Education at-large;

f) $200 for a Member of the Board of Education elected from a ward, or for the

recall of a Member of the Board of Education elected from a ward;

g) $200 for an Official of a political party; and

h) $25 for a Member of the Advisory Neighborhood Commission.

All contributions to a candidate’s principal campaign committee shall be treated as

contributions to the candidate and shall be subject to the contribution limitations

contained in § 1-1163.33. No person shall receive or make any contribution in the form

of legal tender or money order in an amount of $100 or more.

No person, including a business contributor, may make contributions to any one (1)

political committee or political action committee in any one (1) election (including

primary and general elections, but excluding special elections), which in the aggregate,

exceeds $5,000

Pursuant to 3 DCMR §§ 3011.19 and 3011.20, limitations on contributions shall not

apply to contributions made to: support or oppose initiative or referendum measures;

fundraising engaged in by independent expenditure committees or individuals; or

political action committees during any calendar year in which the committee is not

supporting candidates in either a primary or general election.

Candidates’ Contributions to Their Own Campaign

There are no limits to what candidates may contribute financially to their own campaigns

as long as candidates use their own money, report the contributions made from

personal funds, and maintain documentation of the source of the funds

contributed for record keeping purposes.

Partnership Contributions

(D.C. Official Code § 1-1163.34)

A contribution by a partnership shall be attributed to each partner:

a. In direct proportion to the partner’s share of the partnership profits, according to

instructions which must be provided by the partnership to the political committee

or candidate; or

b. By agreement of the partners, as long as only the profits of the partners to whom

the contributions are attributed are reduced (or losses increased) in proportion to

the contribution attributed to each of them.

A contribution by a partnership shall not exceed the limitations on contributions pursuant

to § 1-1163.33. No portion of any contribution by a partnership may be made from the

profits of a corporation that is a partner.

Rev. 1.31.15 Page | 13

Contributions by Business Entities

(3 DCMR §§ 3011.19 - 3011.28)

A business entity as defined by D.C. Official Code § 29-101.02 may make

contributions to candidates for public office in the District of Columbia; provided

a business entity who makes a contribution and all of its affiliated entities are

considered a “business contributor” for purposes of the contribution limits, and

share a single contribution limit.

In-Kind Contributions

(3 DCMR Chapter 99)

A contribution of goods, services or property offered free or at less than the usual and

normal charge, or payments by a third party for goods and services are in-kind

contributions. In-kind contributions must be valued at the current local fair Market Value

at the time of the contribution. In-kind contributions (i.e., goods and services provided

to a political committee or candidate) are treated as any other contribution and are

subject to contribution limits. In-kind contributions must be reported and itemized under

the appropriate category of receipts.

Itemized and Non-Itemized Contributions

(D.C. Official Code §§ 1-1163.07(5) (A), 1-1163.09 (2A) and 1-1163.13 (b) (1))

Contributions of each person, including a business contributor, who has made one

(1) or more contributions in the aggregate of $50.00 or more to a political committee,

political action committee, independent expenditure committee, or candidate within

a calendar year must be disclosed and itemized on Schedule A of the Report of

Receipts and Expenditures. The report must include the full name and address,

occupation and principal place of business, if any, of the contributor, and the date of the

contribution. In addition, the total sum of individual contributions of less than $50.00

made during a reporting period must be reported on a Report of Receipts and

Expenditures.

The contribution of each business contributor must also disclose the identities of

the contributor’s affiliated entities that have also contributed to the candidate or

committee.

Things to Remember

 The Campaign Finance Act imposes limits on contributions made in support of

candidates for nomination or election to office, to political committees, political

action committees, and in support of recall measures.

 Contributions made to support or oppose initiative or referendum measures or to

independent expenditure committees are unaffected by the limits.

 A business entity may make political contributions in the District of Columbia.

Rev. 1.31.15 Page | 14

Campaign Finance Guide

Section 5: Expenditures

 Definition of Expenditure

 Expenditure Limitations

 Itemizing Expenditures

 Independent Expenditures

 Reporting Requirements for Independent Expenditures

 Things to Remember

Definition of Expenditure

(D.C. Official Code § 1-1161.01(21) (A))

The term “expenditure” means a purchase, payment, distribution, loan advance,

deposit, gift of money or anything of value made for the purpose of financing, directly or

indirectly:

a) The election campaign of a candidate;

b) Any operations of a political committee, political action committee, or

independent expenditure committee;

c) The election campaign to obtain signatures on any initiative, referendum, or

recall petition, or to bring about the ratification or defeat of any initiative,

referendum, or recall measure; and

d) A transfer of funds between political committees, political action committees, a

political committee and a political action committee, or candidates.

An expenditure does not include incidental expenses incurred by, or made on behalf of,

individuals in the course of volunteering their time on behalf of a candidate or political

committee; or the use of real or personal property and the cost of any food or beverage

voluntarily provided by an individual to a candidate in rendering voluntary personal

services on the individual’s residential premises for candidate-related activities if the

cumulative value of such activities does not exceed $500 with respect to any election.

Expenditure Limitations

(D.C. Official Code §§ 1-1163.07(4), 1-1163.07(5) (A), and 1-1163.36)

There are no monetary limitations placed on expenditures. No expenditure may be

made by or on behalf of, a political committee at a time when there is a vacancy in the

office of treasurer, and no other person has been designated and has agreed to perform

the functions of treasurer.

All committees must file a Statement of Organization designating a treasurer. No

expenditure may be made for, or on behalf of, a political committee without the

authorization of its chairman or treasurer, or their designated agents. No expenditure

may be made by a committee or candidate, other than petty cash expenditures, except

by check drawn payable to the person to whom the expenditure is being made, and on

an account designated in the required Statement of Organization.

Rev. 1.31.15 Page | 15

No resources of the District of Columbia government, including the expenditure of

funds, the personal services of employees during work hours, and non-personal

services, including supplies, materials, equipment, office space, facilities, telephones

and other utilities, may be used to support or oppose any candidate for elected office,

whether partisan or nonpartisan, or to support or oppose any initiative,

referendum, or recall measure, including a charter amendment referendum.

Itemizing Expenditures

(D.C. Official Code §§ 1-1163.09(c) (8), (9), and (10))

Expenditures must be disclosed and identified on Schedule B of the Report of Receipts

and Expenditures. The report must include the full name, mailing address, occupation

and principal place of business, if any, of each person to whom expenditures have been

made, either by or on the behalf of the committee or candidate, within the calendar year,

in an aggregate amount or value of $10 or more. The report must also detail the

amount, date, and purpose of each such expenditure, and the name, address and office

sought by each candidate on whose behalf such expenditure was made; the total sum

of expenditures made by the committee or candidate during the calendar year; the

amount and nature of debts and obligations owed by or to the committee; and a

continuous reporting of its debts and obligations.

For each expenditure made by a political action committee or independent

expenditure committee, the report must also include the name of any candidate,

initiative, referendum, or recall in support of or in opposition to which the

expenditure is directed.

Independent Expenditures

(D.C. Official Code § 1-1161.01 (28A))

An “independent expenditure” is the expenditure of funds that is made for the

purpose of promoting or opposing:

a) The nomination or election of a candidate;

b) A political party; or

c) Any initiative, referendum, or recall.

The independent expenditure is not controlled or coordinated with any public

official or candidate, or any person acting on behalf of a public official or a

candidate.

Reporting Requirements for Independent Expenditures

(D.C. Official Code § 1-1163.13 (b) (3))

Every person (other than a political committee, political action committee, or

independent expenditure committee) who makes independent expenditures, other

than by contribution to a committee or candidate, in an aggregate amount of $50.00 or

more within a calendar year must file with the Director Reports of Receipts and

Expenditures on the date on which reports by committees are filed; unless the value of

the independent expenditure totals $1000 or more in a two (2) week period, in

which case the report must be filed within 14 days of the independent

expenditure.

Rev. 1.31.15 Page | 16

Things to Remember

 There are no monetary limitations placed on expenditures.

 Expenditures may not be made when there is a vacancy in the Office of Treasurer,

and must be authorized by either the Treasurer or Chairman.

 Independent Expenditures in the amount of $50.00 or more must be reported.

 No District government resources may be used to support or oppose any candidate

for elective office or ballot measure, including the expenditure of funds, personal

services of employees during work hours, and non-personal services including

supplies, materials, equipment, office space, facilities, telephones and other utilities.

Rev. 1.31.15 Page | 17

Campaign Finance Guide

Section 6: Initiative, Referendum, Recall and Proposed Charter Amendment

Committees

 Definition of Initiative, Referendum, Recall and Proposed Charter Amendment

Committees

 Registration and Reporting Requirements for Initiative, Referendum, Recall

and Proposed Charter Amendment Committees

 Filing Deadlines for Initiative, Referendum, Recall and Proposed Charter

Amendment Committees

 Things to Remember

Definition of Initiative, Referendum, Recall and Proposed Charter Amendment

Committees

(3 DCMR § 3000.7(d))

Initiative, Referendum, Recall and Proposed Charter Amendment Committees are

committees organized for the purpose of, or engaged in promoting or opposing initiative,

referendum or recall measures or proposed Charter amendments for ballot placement.

Registration and Reporting Requirements for Initiative, Referendum, Recall

and Proposed Charter Amendment Committees

(D.C. Official Code §§ 1-1163.07 and 1-1163.09(a) (1))

Each committee supporting or opposing an initiative, referendum, recall, or proposed

charter amendment must file a Statement of Organization within ten (10) days after its

organization, and file Reports of Receipts and Expenditures (R&E Report) during the

consideration of the placement of the measure on an election ballot for any one

election. Any change in information previously submitted in the Statement of

Organization must be reported to the Office of Campaign Finance within the 10-day

period following the change.

Filing Deadlines for Initiative, Referendum, Recall and Proposed Charter

Amendment Committees

R&E Reports must be filed online in accordance with the following schedule:

a) On or before the commencement of the process for an initiative, referendum,

recall, or proposed charter amendment, or

b) In the case of an opponent, ten (10) days after making an expenditure or

accepting a contribution in opposition to the measure;

c) On the tenth (10th) day of the fourth (4th) month preceding the election;

d) On the tenth (10th) day of the second (2

) month preceding the election; and

e) Eight (8) days prior to the election.

Rev. 1.31.15 Page | 18

Initiative, referendum, recall and proposed charter amendment committees must

continue to file Reports of Receipts and Expenditures following the election, on January

31st and July 31st of each year until all debts are satisfied.

Things to Remember

 Reports of Receipts and Expenditures must be filed online periodically during the

consideration of a measure for ballot placement for any one election.

 Filing of Reports of Receipts and Expenditures continues until all outstanding debts

are satisfied.

Rev. 1.31.15 Page | 19

Campaign Finance Guide

Section 7: Exploratory Committees

 Definition of Exploratory Committee

 Registration and Reporting Requirements for Exploratory Committees

 Contributions to Exploratory Committees

 Duration of an Exploratory Committee

 Fund Balance Requirements of Exploratory Committees

 Things to Remember

Definition of Exploratory Committee

(D.C. Official Code § 1-1161.01(22))

An Exploratory committee is any person, or group of persons, organized for the purpose

of examining or exploring the feasibility of an individual becoming a candidate for an

elective office in the District.

Registration and Reporting Requirements for Exploratory Committees

(D.C. Official Code §§ 1-1163.07 and 1-1163.09)

Each exploratory committee must file a Statement of Organization with the Office of

Campaign Finance within 10 days of its organization. Any change in information

previously submitted in a Statement of Organization must be reported to the Office of

Campaign Finance within the 10-day period following the change. Each exploratory

committee must have a chairperson and a treasurer.

The treasurer of each exploratory committee must file online a Report of Receipts and

Expenditures on the 10

day of March, June, August, October, and December in the

seven (7) months preceding the date on which, and in each year during which, an

election is held for the office sought and on the 8

day preceding the date of the

election; and on January 31

of each year. In addition, a report must be filed on July

of each year in which there is no election. Each report filed shall adhere to the

disclosure requirements prescribed by §§ 1-1163.09(c) and 1-1163.17

Contributions to Exploratory Committees

(D.C. Official Code §§ 1-1163.19 and 1-1163.20)

No exploratory committee may receive aggregate contributions in excess of:

a) $200,000 for a Mayoral exploratory committee;

b) $150,000 for a Chairman of the Council exploratory committee;

c) $100,000 for an At-Large member of the Council exploratory committee;

Rev. 1.31.15 Page | 20

d) $50,000 for a Ward Councilmember or President of the State Board of Education

exploratory committee; and

e) $20,000 for a member of the State Board of Education exploratory committee.

No person, including a business contributor, may make contributions to an

exploratory committee, in excess of:

a) $2,000 for a Mayoral exploratory committee;

b) $1,500 for a Chairman of the Council exploratory committee;

c) $1,000 for an At-Large member of the Council exploratory committee;

d) $500 for a Ward Councilmember or President of the State Board of Education

exploratory committee; and

e) $200 for a member of the State Board of Education exploratory committee.

When an individual becomes a candidate, all contributions received during the

exploratory period must be applied to the contribution limits for the candidate as

provided under D.C. Official Code §1-1163.33.

Duration of an Exploratory Committee

(D.C. Official Code § 1-1163.21)

The duration of an exploratory committee may not exceed 18 months for any one office.

Once a candidate’s exploratory committee reaches or has reached the maximum

duration of 18 months, the candidate shall file a declaration of candidacy and form a

principal campaign committee or terminate the exploratory committee.

Fund Balance Requirements of Exploratory Committees

(D.C. Official Code § 1-1163.18)

Any remaining funds of an exploratory committee must be transferred only to an

established principal campaign committee, political committee, or charitable

organization. Exploratory committee fund balances shall not be deemed the personal

funds of any individual, including the individual seeking elective office.

Things to Remember

 Exploratory committees are subject to the reporting requirements and the

contribution limits of the Campaign Finance Act where formed for the sole purpose

of determining the feasibility of an individual’s candidacy for office.

 If the subject of the exploratory committee becomes a candidate, the candidate must

review all previously received contributions to determine whether contribution

limitations have been exceeded, and if so, refunds must be made immediately.

 The duration of an exploratory committee must not exceed 18 months.

Rev. 1.31.15 Page | 21

Campaign Finance Guide

Section 8: Inaugural Committees

 Definition of Inaugural Committee

 Registration Requirements for Inaugural Committees

 Reporting Requirements for Inaugural Committees

 Contributions to Inaugural Committees

 Fund Balance Requirements of Inaugural Committees

 Duration of Inaugural Committees

 Things to Remember

Definition of Inaugural Committee

(D.C. Official Code § 1-1161.01(27))

An Inaugural committee means a person, or group of persons, organized for the

purpose of soliciting, accepting, and spending funds and coordinating activities to

celebrate the election of a new Mayor.

Registration Requirements for Inaugural Committees

(D.C. Official Code § 1-1163.07)

Each inaugural committee must file with the Director of Campaign Finance a Statement

of Organization within 10 days after its organization. Any change in information

previously submitted in a Statement of Organization must be reported to the Office of

Campaign Finance within the 10-day period following the change.

Reporting Requirements for Inaugural Committees

(D.C. Official Code § 1-1163.09(a) (1) and (b))

The treasurer of each inaugural committee must file online a Report of Receipts and

Expenditures on the 10

day of March, June, August, October, and December in the

seven (7) months preceding the date on which an election is held for which the

candidate seeks office and the political committee supports a candidate for office, and

on the 8

day preceding the date of the election. Reports should also be filed on the 31

day of January and the 10

day of March, June, August, October, and December during

the year an election is held for the office its candidate is seeking, and on the 8

day

preceding the date of the election, and on January 31

and July 31

of each non-

election year.

Rev. 1.31.15 Page | 22

Contributions to Inaugural Committees

(D.C. Official Code § 1-1163.22)

No person, including a business contributor, may make any contribution to or for an

inaugural committee which, and the Mayor or Mayor-elect may not receive any

contribution to or for an inaugural committee from any person which, when aggregated

with all other contributions to or for the inaugural committee received from such person,

exceeds $10,000 in an aggregate amount; provided, that the $10,000 limitation shall not

apply to contributions made by the Mayor or Mayor-elect for the purpose of funding his

or her own inaugural committee within the District of Columbia.

Fund Balance Requirements of Inaugural Committees

(D.C. Official Code § 1-1163.23)

Any balance in the inaugural committee fund must be transferred only to a nonprofit

organization, within the meaning of section 501(c) of the Internal Revenue Code,

operating in good standing in the District of Columbia for a minimum of one calendar

year before the date of any transfer, or to a constituent service program.

Duration of an Inaugural Committee

(D.C. Official Code § 1-1163.24)

An inaugural committee must terminate no later than 45 days from the beginning of the

term of the new Mayor or Chairman, except that the inaugural committee may continue

to accept contributions necessary to retire the debts of the committee.

Things to Remember

 The treasurer of each inaugural committee must file online Reports of Receipts and

Expenditures by mandated filing dates prescribed by The Campaign Finance Act.

 Inaugural committees are subject to the contribution limits of the Campaign Finance

Act, where formed for the purpose of soliciting, accepting, and spending funds and

coordinating activities to celebrate the election of a new Mayor.

 An Inaugural committee must terminate 45 days from the start of the term of the new

Mayor or Chairman.

Rev. 1.31.15 Page | 23

Campaign Finance Guide

Section 9: Transition Committees

 Definition of Transition Committee

 Registration Requirements for Transition Committees

 Restriction on Formation of Transition Committees

 Reporting Requirements for Transition Committees

 Contributions to Transition Committees

 Fund Balance Requirements of Transition Committees

 Duration of Transition Committees

 Things to Remember

Definition of Transition Committee

(D.C. Official Code § 1-1161.01(52))

A Transition committee means any person, or group of persons, organized for the

purpose of soliciting, accepting, or expending funds for office and personal transition on

behalf of the Chairman of the Council or the Mayor.

Registration Requirements for Transition Committees

(D.C. Official Code § 1-1163.07)

Each transition committee must file with the Director of Campaign Finance a Statement

of Organization within 10 days after its organization. Any change in information

previously submitted in a Statement of Organization must be reported to the Office of

Campaign Finance within the 10-day period following the change.

Restriction on Formation of Transition Committees

(D.C. Official Code § 1-1163.27(b))

Notwithstanding this section, a transition committee may not be organized if an

appropriation, pursuant to § 1-204.46 has been approved.

Reporting Requirements for Transition Committees

(D.C. Official Code § 1-1163.09(a) (1) and (b))

The treasurer of each transition committee must file online a Report of Receipts and

Expenditures on the 10

day of March, June, August, October, and December in the

seven (7) months preceding the date on which an election is held, for which the

candidate seeks office and the political committee supports a candidate for office, and

on the 8

day preceding the date of the election. Reports must also be filed on the 31

day of January and the 10th day of March, June, August, October and December during

the year an election is held for the office its candidate is seeking and on the 8

day

preceding the date of the election, and on January 31

and July 31

of each non-

election year.

Rev. 1.31.15 Page | 24

Contribution Limits to Transition Committees

(D.C. Official Code § 1-1163.26)

No person, including a business contributor, may make any contribution to or for a

transition committee which, and the Mayor or Mayor-elect may not receive any

contribution to or for a transition committee from any person, including a business

contributor, which, when aggregated with all other contributions to or for the transition

committee received from the person, exceeds $2,000 in an aggregate amount,

provided, that the $2,000 limitation shall not apply to contributions made by the Mayor

or Mayor-elect for the purpose of funding his or her own transition committee within the

District of Columbia.

No person, including a business contributor, may make any contribution to a

transition committee which, and the Chairman of the Council or Chairman-elect may

not receive any contribution to a transition committee from any person, including a

business contributor, which, when aggregated with all other contributions to the

transition committee received from the person, exceeds $1,000 in an aggregate

amount; provided, that the $1,000 limitation shall not apply to contributions made by the

Chairman of the Council or the Chairman-elect for the purpose of funding his or her

own transition committee within the District of Columbia.

Fund Balance Requirements of Transition Committees

(D.C. Official Code § 1-1163.25)

Any balance in the transition committee fund must be transferred only to a nonprofit

organization within the meaning of section 501 (c ) of the Internal Revenue Code,

operating in good standing in the District for a minimum of one calendar year before the

date of any transfer, or to a Constituent Service Program pursuant to § 1-1163.38.

Duration of a Transition Committee

(D.C. Official Code § 1-1163.27)

A transition committee must terminate no later than 45 days from the beginning of the

term of the new Mayor or Chairman, except that the transition committee may continue

to accept contributions necessary to retire the debts of the committee.

Things to Remember

 The treasurer of each transition committee must file online Reports of Receipts and

Expenditures by mandated filing dates prescribed by The Campaign Finance Act.

 A transition committee must terminate 45 days from the start of the term of the new

Mayor or Chairman.

Rev. 1.31.15 Page | 25

Campaign Finance Guide

Section 10: Legal Defense Committees

 Definition of Legal Defense Committee

 Registration Requirements for Legal Defense Committees

 Restriction on Formation of Legal Defense Committees

 Reporting Requirements for Legal Defense Committee

 Contributions and Expenditures for Legal Defense Committees

 Fund Balance Requirements for Legal Defense Committees

 Things to Remember

Definition of Legal Defense Committee

(D.C. Official Code § 1-1161.01(30)

A Legal Defense committee means a person, or group of persons, organized for the

purpose of soliciting, accepting, and expending funds to defray the professional fees

and costs for a public official’s legal defense to one or more civil, criminal, or

administrative proceedings.

Registration Requirements for Legal Defense Committees

(D.C. Official Code §§ 1-1163.28, 1-1163.29 and 1-1163.30)

Each legal defense committee must file with the Director of Campaign Finance a

Statement of Organization within 10 days after its organization. Any change in

information previously submitted in a Statement of Organization must be reported to the

Director of Campaign Finance within the 10-day period following the change.

Restriction on Formation of Legal Defense Committees

(D.C. Official Code § 1-1163.28(a) (1))

No committee, fund, entity, or trust may be established to defray the professional fees

and costs of a public official, except under D.C. Official Code § 1-1163.28.

Reporting Requirements for Legal Defense Committees

(D.C. Official Code §§ 1-1163.31 and 1-1163.32)

The treasurer of each legal defense committee must file online Reports of Receipts and

Expenditures with the OCF, within 30 days after the committee’s organization and every

30 days thereafter until dissolution. The reports must be verified by the person filing the

report and by the individual to be benefitted by the committee.

Rev. 1.31.15 Page | 26

Contributions and Expenditures for Legal Defense Committees

(D.C. Official Code §§ 1-1163.28, 1-1163.29 and 1-1163.30)

Legal defense funds must be used solely for the purpose of defraying attorney fees and

other related legal costs associated with the public official’s legal defense to one or

more civil, criminal or administrative proceedings.

Each legal defense committee shall have a chairperson and a treasurer. No contribution

and no expenditure shall be accepted or made by or on behalf of a legal defense

committee at a time when there is a vacancy in the office of treasurer for the committee

and no person has been designated and has agreed to perform the functions of

treasurer. No expenditure shall be made for or on behalf of a legal defense committee

without the authorization of its chairman or treasurer, or their designated agents.

No person, including a business contributor, may make any contribution to or for a

legal defense committee, which when aggregated with all other contributions to or for

the legal defense committee received from the person, exceeds $10,000 in an

aggregate amount; provided, that the $10,000 limitation shall not apply to contributions

made by a public official for the purpose of funding his or her own legal defense

committee

Contributions to a legal defense committee may not be made by, or received from a

lobbyist or registrant or by a person acting on behalf of the lobbyist or registrant.

No expenditures may be made by a legal defense committee except by check drawn

payable to the person to whom the expenditure is being made on the account at the

bank designated by the legal defense committee.

Fund Balance Requirements for Legal Defense Committees

(D.C. Official Code § 1-1163.28 (e))

Any balance in legal defense committee funds must be transferred only to a nonprofit

organization recognized under 501 (c) of the Internal Revenue Code, operating in good

standing in the District of Columbia for a minimum of one calendar year before the date

of any transfer, or to a Constituent Service Program.

Things to Remember

 The treasurer of each legal defense committee must file online Reports of Receipts

and Expenditures within 30 days after the committee’s organization and every 30

days thereafter until dissolution.

 Legal defense funds must be used solely for the purpose of defraying attorney fees

and other related legal costs associated with the public official’s legal defense to one

or more civil, criminal or administrative proceedings.

 Any balance in legal defense committee funds must be transferred only to a

nonprofit organization, or to a Constituent Service Program.

Rev. 1.31.15 Page | 27

Campaign Finance Guide

Section 11: Constituent Service Program

 Definition of Constituent Service Program

 Registration Requirements for Constituent Service Programs

 Reporting Requirements for Constituent Service Programs

 Contribution and Expenditure Limits for Constituent Service Programs

 Things to Remember

Definition of Constituent Service Program

(D.C. Official Code § 1-1163.38(b) (1))

A Constituent Service Program is any activity or program, which expends funds to

provide emergency, informational, charitable, scientific, educational, medical,

recreational, or other services to the residents of the District of Columbia, and which

expenditure accrues to the primary benefit of the residents of the District of Columbia.

Registration Requirements for Constituent Service Programs

(D.C. Official Code § 1-1163.38 and 3 DCMR §§ 3014.5 and 3014.20(b) and (c))

A constituent service program may be maintained only by the Mayor, the Chairman and

Members of the Council of the District of Columbia. Each elected official must file a

Statement of Organization with the Office of Campaign Finance within ten (10) days of

organization. A constituent service program must have a chairman and a treasurer. Any

change in information previously submitted in a Statement of Organization must be

reported to the Office of Campaign Finance within the 10-day period following the

change.

Reporting Requirements for Constituent Service Programs

(D.C. Official Code § 1-1163.38(f))

Constituent service programs must file online Reports of Receipts and Expenditures

quarterly on the first day of January, April, July and October of each year.

Contribution and Expenditure Limits for Constituent Service Programs

(D.C. Official Code §§ 1-1163.38(a) and (b) (2), and 3 DCMR § 3014.7)

A constituent service program may accept no more than an aggregate total of

$40,000.00 in contributions in any 1 calendar year. Cash contributions from any one

person, including a business contributor, which when aggregated with all other

contributions received from the same person must not exceed $500 in 1 calendar year.

Personal property contributions from any one person, including a business

contributor, which when aggregated with all other contributions received from the

same person must not exceed $1,000 in any 1 calendar year.

Rev. 1.31.15 Page | 28

The transfer of any surplus, residue, or unexpected campaign funds to a constituent

service program is not subject to the $40,000 contribution limitation. A constituent

service program may expend a maximum of $40,000 in any one calendar year for its

programs; and is prohibited from making any expenditure in cash.

Things to Remember

 The Mayor, the Chairman and Members of the Council of the District of Columbia

may establish a constituent service program.

 Constituent Service Programs may not accept an aggregate total that exceeds

$40,000 in contributions in any 1 calendar year.

 Constituent Service Programs may not expend more than $40,000 in any 1 calendar

year, or make expenditures in cash.

 Constituent Service Programs must file online quarterly Reports of Receipts and

Expenditures each year.

 The transfer of any surplus, residue, or unexpected campaign funds to a Constituent

Service Program is not subject to the $40,000 contribution limitation.

Rev. 1.31.15 Page | 29

Campaign Finance Guide

Section 12: Identification of Campaign Literature

 Definition of Campaign Literature

 Identification of Campaign Literature

 Things to Remember

Definition of Campaign Literature

(D.C. Official Code § 1-1163.15(a))

Campaign literature is defined as any printed matter with reference to or intended for

the support or defeat of a candidate (including candidates for the Office of Advisory

Neighborhood Commission Member) or group of candidates for nomination or

election to any public office, or for the support or defeat of any initiative, referendum, or

recall measure, which includes, but not limited to:

a) Newspaper or Magazine Advertising

b) Posters

c) Circulars

d) Handbills

e) Buttons

f) Bumper Stickers

g) Sample Ballots

h) Initiative, Referendum or Recall Petitions

i) Clothes

j) Stuffed Animals

k) Match Covers

l) Key Chains

m) Electronic Documents*; or

n) Websites intended for public use.

*Electronic Documents include each advertisement transmitted electronically by

satellite, radio, cable, internet, or mobile communication, telephone bank-robot

calls, or any other forms of electronic advertisement.

Identification of Campaign Literature

(D.C. Official Code § 1-1163.15 (a), (b), and (c), and 3 DCMR § 3018.5)

All campaign literature must be identified by the words “paid for by” followed by the

name and address of the payer or the committee or other person and its treasurer on

whose behalf the materials appear. The following forms of advertising need not

include the disclaimer or identification language where the size of the object

makes identification impractical:

a) Pens, pencils and erasers;

b) Buttons;

c) Balloons;

d) Hats;

e) Noise makers;

f) Key rings;

g) Magnets;

h) Business cards; and

i) Name tags; and all other similar items of small size.

Rev. 1.31.15 Page | 30

Each committee and candidate must include on the face or front page of all literature

and advertisement soliciting funds the following notice:

“A copy of our report is filed with the Director of Campaign Finance of the District of

Columbia Board of Elections.”

Any advertisement supporting or opposing a candidate, initiative, referendum, or

recall that is disseminated to the public by a political committee, political action

committee, or an independent expenditure committee or any other person must

disclose, in the advertisement, the identity of the advertisement’s sponsor.

Things to Remember

 All campaign literature and advertisements must be properly identified.

Rev. 1.31.15 Page | 31

Campaign Finance Guide

Section 13: Statehood Fund Program

 Definition of Statehood Fund Program

 Registration Requirements for Statehood Fund Programs

 Reporting Requirements for Statehood Fund Programs

 Dissolution of a Statehood Fund Program

 Things to Remember

Definition of Statehood Fund Program

A Statehood Fund Program means any activity or program established for the purpose

of soliciting, accepting, or expending funds to support the purposes and operations of

the public office of a District of Columbia Senator or Representative to the U.S.

Congress.

Registration Requirements for Statehood Fund Programs

(3 DCMR § 3600.8)

Within 10 days of assuming office, each Senator and Representative must file a

Statement of Information with the Office of Campaign Finance regarding his or her

Statehood Fund Program.

The Senator or Representative may not expend monies from the Statehood Fund for

promoting or opposing any political party or committee, nor the nomination, election or

recall of any individual to or from public office.

Reporting Requirements for Statehood Fund Programs

(3 DCMR § 3017.4)

Each Senator and Representative must file online a Report of Receipts and

Expenditures quarterly on the first (1st) day of January, April, July and October of each

year.

Dissolution of a Statehood Fund Program

(3 DCMR § 3603)

A Senator or Representative shall dissolve the respective Statehood Fund in

accordance with § 3016. A Senator or Representative must disburse surplus funds

remaining in the respective Statehood Fund in accordance with § 3015.

Rev. 1.31.15 Page | 32

Things to Remember

 Only the U.S. Senator and U.S. Representative of the District of Columbia may

establish a Statehood Fund.

 A Statehood Fund may not expend monies for political purposes.

 Each Senator and Representative is required to file online a Report of Receipts and

Expenditures on a quarterly basis.

Rev. 1.31.15 Page | 33

Campaign Finance Guide

Section 14: Prohibition on Use of Government Resources for Campaign-Related

Activity

 Prohibition on Use of Government Resources

 Personal and Nonpersonal Services

 Things to Remember

Prohibitions on Use of Government Resources

(D.C. Official Code § 1-1163.36 (a) and (b) (1))

No resources of the District of Columbia government shall be used to support or oppose

any candidate for elected office, whether partisan or nonpartisan, or to support or

oppose any initiative, referendum, or recall measure, or a charter amendment

referendum.

The Mayor, the Chairman and members of the Council, or the President and members

of the State Board of Education shall not be prohibited from expressing their views in a

District of Columbia election, as part of their official duties.

Personal and Nonpersonal Services

(3 DCMR § 3301.2 and § 3301.3)

Resources of the District of Columbia government include, but are not limited to, the

personal services of employees during their hours of work and nonpersonal services.

Nonpersonal services include, but are not limited to, supplies, materials, equipment,

office space, facilities and utilities (e.g. telephone, gas, and electric services).

Things to Remember

 Do not use resources of the District of Columbia government to support or oppose a

candidate for elected office (whether partisan or nonpartisan).

 Do not use resources of the District of Columbia government to support or oppose

an initiative, referendum, or recall measure, or a charter amendment referendum.

 Resources include personal services of employees during their hours of work and

nonpersonal services (e.g. supplies, materials, equipment, etc.)

Rev. 1.31.15 Page | 34

Campaign Finance Guide

Section 15: Restrictions on Political Activity

 The Local Hatch Act

 Enforcement

The Local Hatch Act

(D.C. Law 18-355 and D.C. Official Code §§ 1-1171.01-1-1171.07)

The Local Hatch Act (also known as the Prohibition of Government Employee

Engagement in Political Activity Act of 2010) is a District law that establishes restrictions

and provides guidance on the political activity of District government employees.

Enforcement

(D.C. Law 18-355)

The provisions of the Local Hatch Act are enforced by the Board of Ethics and

Government Accountability (“BEGA), in accordance with the Ethics Act, D.C. Official

Code § 1-1162.01. For information on the Local Hatch Act or the Ethics Act, you may

contact BEGA, as follows:

Board of Ethics and Government Accountability

One Judiciary Square

441 4

Street NW, 830 South

Washington, D.C. 20001

Phone: (202) 481-3411

Email: bega@dc.gov

Rev. 1.31.15 Page | 35