D.C. Mun. Regs. r. 3-3000

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 3-3000 - ORGANIZATION OF POLITICAL COMMITTEES, POLITICAL ACTION COMMITTEES AND INDEPENDENT EXPENDITURE COMMITTEES
3000.1

Each political committee shall file a Statement of Organization form, prescribed by the Director of the Office of Campaign Finance (the Director) (OCF), within ten (10) days of organization.

3000.2

A political committee shall be deemed "organized" when any proposer, individual, committee, club, association, organization, or other group of individuals formally agree, orally or in writing, or decide to promote or oppose a political party, the nomination or election of an individual to office, or any initiative, referendum, or recall; or to form an inaugural, transition, or legal defense committee.

3000.3

Each committee controlled by or coordinated with any candidate or public official, or controlled by or coordinated with anyone acting on behalf of a candidate or public official, shall be deemed a political committee.

3000.4

In the absence of a decision to organize as a committee opposing an initiative or referendum measure under § 3000.2, a person who addresses a Board determination regarding the propriety of a proposed measure filed under Chapter 10 of this title shall not be required to file a Statement of Organization, under § 3000.1, or a Report of Receipts and Expenditures (R&E Report), under § 3008.

3000.5

A candidate's designation of a committee on the candidate's Statement of Candidacy form filed under § 3002.2 constitutes agreement to form a political committee.

3000.6

Any political committee designated by a candidate on the Statement of Candidacy form filed under § 3002.2 to receive contributions or make expenditures on behalf of the candidate, shall include the name of the candidate for elective office in the District of Columbia in its name.

3000.7

Political committees shall include the following:

(a) Affiliated Political Committees - all authorized committees of the same candidate for the same election, or all committees established, financed, maintained, or controlled by the same corporation, labor or membership organization, cooperative or trade association, or any similar organization, for the purposes stated in § 3000.2;
(b) Delegate Committees - a person, or group of persons, established to support a presidential candidate, which shall include the word "delegate(s)" in its name and may include the name of the presidential candidate whom it supports;
(c) Exploratory Committees - a person, or group of persons, organized for the purpose of examining or exploring, with the consent of the prospective candidate, the feasibility of a qualified individual becoming a candidate for an elective office in the District of Columbia;
(d) Fair Election Committee - a political committee that only accepts contributions from individuals who are District residents, which shall not exceed fifty dollars ($50) per individual per calendar year; or a membership organization, if the contributions consist of membership dues paid by individuals who are District resident that do not exceed the amount of membership dues actually paid per member per calendar year and two hundred fifty dollars ($250) per member per calendar year.
(e) Inaugural Committees - 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;
(f) Initiative, Referendum, Recall, or Proposed Charter Amendment Committees - a person, or group of persons, organized for the purpose of, or engaged in promoting or opposing initiative, referendum or recall measures or proposed Charter amendments, respectively;
(g) Legal Defense Committees - a person, or group of persons, organized for the purpose of soliciting, accepting, or 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;
(h) Party Committees - a person, or group of persons, organized to represent a political party of the official party structure at the city-wide or ward level;
(i) Principal Campaign Committees - a person, or group of persons, designated and authorized by a candidate or slate of candidates for election as officials of a political party, as the principal campaign committee, in accordance with § 3005; provided, that it shall include the name(s) of the candidate(s) who authorized the committee in its name; and
(j) Transition Committees - a person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds for office and personnel transition on behalf of the Chairman of the Council or the Mayor.
3000.8

Political committees shall not include the following:

(a) Connected Organizations - a corporation, labor or membership organization, cooperative or trade association, or any similar organization that directly or indirectly establishes, administers or financially supports a political committee;
(b) Political Action Committees; and
(c) Independent Expenditure Committees.
3000.9

Each political action committee shall file a Statement of Organization form, prescribed by the Director of the Office of Campaign Finance (the Director) (OCF), within ten (10) days of organization.

3000.10

A political action committee shall be deemed "organized" when any proposer, individual, committee, club, association, organization, or other group of individuals maintained, or controlled by the same corporation, labor or membership organization, cooperative or trade association, or any similar organization, formally agree orally or in writing, or decide to promote or oppose the nomination or election of a person to public office, a political party, or any initiative, referendum, or recall.

3000.11

A political action committee shall not be controlled by or coordinated with any public official or candidate, or any person acting on behalf of a public official or candidate.

3000.12

A political action committee shall not include the name of any candidate for elective office in the District of Columbia in its name.

3000.13

Each independent expenditure committee shall file a Statement of Organization form, prescribed by the Director of the Office of Campaign Finance (the Director) (OCF), within ten (10) days of organization.

3000.14

An independent expenditure committee shall be deemed "organized" when any proposer, individual, committee, club, association, organization, or other group of individuals formally agree orally or in writing, or decide to organize for the principal purpose of making independent expenditures to promote or oppose the nomination or election of a person to public office, a political party, or any initiative, referendum, or recall.

3000.15

An independent expenditure committee shall not be controlled by or coordinated with any public official or candidate, or any person acting on behalf of a public official or candidate.

3000.16

An independent expenditure committee shall not make transfers or contributions of funds to political committees, political action committees, or candidates.

3000.17

An independent expenditure committee shall not include the name of any candidate for elective office in the District of Columbia in its name.

3000.18

Each political action committee and independent expenditure committee shall indicate its intent not to support a candidate during a specific election cycle by:

(a) Declaring its intention on a Notification of Non-Support form; and
(b) Filing the Notification of Non-Support form within ten (10) days of the declaration by the committee of its intention to not support a candidate, or not later than January 31st of each year.
3000.19

Each political action committee and independent expenditure committee shall notify the Director in writing within ten (10) days of its decision to support a candidate, where it has previously filed a Notification of Non-Support, under § 3000.18.

3000.20

Each political committee, political action committee, and independent expenditure committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to §§ 3000.1, 3000.9, or 3000.1 3.

3000.21

When either the office of chairperson or treasurer of a political committee, political action committee, or independent expenditure committee is vacant, the committee shall:

(a) Designate a successor chairperson or treasurer within five (5) days of the vacancy; and
(b) Amend its Statement of Organization within ten (10) days of the designation of the successor; provided, that the successor officer agrees to accept the position.
3000.22

No political committee, political action committee, or independent expenditure committee shall accept a contribution or make any expenditure while the office of treasurer is vacant, and no other person has been designated and agreed to perform the functions of treasurer.

3000.23

Each expenditure made for, or on behalf of, a political committee, political action committee and independent expenditure committee shall be authorized by either:

(a) The chairperson;
(b) The treasurer; or
(c) Their designated agent, as listed on the Statement of Organization filed under §§ 3000.1, 3000.9, and 3000.13.
3000.24

A chairperson shall be required to file:

(a) A Statement of Acceptance of Position of Chairperson form, and a copy of written notification sent to the address of record of the treasurer (and the candidate, in the case of a political committee), within five (5) days of assuming the office; and
(b) A Statement of Withdrawal of Position of Chairperson form, and a copy of written notification sent to the address of record of the treasurer (and the candidate, in the case of a political committee), within five (5) days of vacating the office.
3000.25

A treasurer shall be required to file:

(a) A Statement of Acceptance of Position of Treasurer form, and a copy of written notification sent to the address of record of the chairperson (and the candidate, in the case of a political committee), within forty-eight (48) hours of assuming the office:
(b) All periodic Reports of Receipts and Expenditures (R&E Reports) due to the Director, pursuant to § 3008, during the treasurer's tenure; provided that the designated agent listed on the Statement of Organization under §§ 3000.1, 3000.9, or 3000.13 may file the R&E Report if the treasurer is unavailable; and
(c) A Statement of Withdrawal of Position of Treasurer form, prescribed by the Director, and a copy of written notification sent to the address of record of the chairperson (and the candidate, in the case of a political committee), within forty-eight (48) hours of vacating the office.
3000.26

A person shall not simultaneously serve as the chairperson and treasurer of any committee, except the following:

(a) A candidate; or
(b) A proposer or opponent of an initiative, referendum, or recall measure, or an opponent of a proposed charter amendment.
3000.27

Each political committee, political action committee, and independent expenditure committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

3000.28

The funds of each political committee, political action committee, or independent expenditure committee shall be segregated from, and may not be commingled with, personal funds of officers, directors, members or associates of the committee.

3000.29

Each political committee, political action committee, and independent expenditure committee that accepts contributions or makes expenditures shall:

(a) Designate one or more national banks located in the District of Columbia as the committee's depository or depositories;
(b) Maintain a checking account or accounts at such depository or depositories; and
(c) Deposit any contribution received by the committee into that account or accounts.
3000.30

Every political action committee and independent expenditure committee shall certify, in each report filed with the Director of Campaign Finance, that the contribution it has received and the expenditures if has made have not been controlled by or coordinated with any public official, political committee affiliated with a public official, or an agent of a public official or political committee affiliate with a public official.

3000.31

Every independent expenditure committee shall further certify, in each report filed with t he Director of Campaign Finance, that it has not made any contributions or transfers of funds to any public official, political committee, or political action committee.

3000.32

A political action committee shall not make an independent expenditure unless it establishes a non-contribution account for the purpose of making such independent expenditures.

3000.33

A political action committee shall notify the Office of Campaign Finance within ten (10) days after establishing a non-contribution account.

3000.34

A political action committee that establishes a non-contribution account shall ensure that:

(a) The non-contribution account remains segregated from any accounts of the political action committee that are used to make contributions to candidates, political committees, political action committees, or political parties;
(b) No contribution to the political action committee is deposited in the noncontribution account unless the contributor has specifically designated the contribution for the purpose of making an independent expenditure;
(c) Contributions by the political action committee are not made from the non-contribution account; and
(d) The non-contribution account pays a proportional share, as determined by the Director of Campaign Finance, of the political action committee's administrative expenses.
3000.35

A political action committee that establishes a non-contribution account, shall identify all receipts that have been allocated to that account for each R&E report filed in accordance with § 3008.

D.C. Mun. Regs. r. 3-3000

Final Rulemaking published at 45 DCR 3161-64 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171-74 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 8797 (August 15, 2008); as amended by Final Rulemaking published at 57 DCR 2229 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); Amended by Final Rulemaking published at 62 DCR 3025 (3/13/2015); amended by Final Rulemaking published at 66 DCR 8118 (7/12/2019); amended by Final Rulemaking published at 66 DCR 15416 (11/22/2019); amended by Final Rulemaking published at 70 DCR 3338 (3/17/2023)
Authority: D.C. Official Code § 1-1001.05(a)(14), in conformity with the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, enacted February 27, 2012 (D.C. Act 19-318; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).