D.C. Mun. Regs. r. 3-3002

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 3-3002 - CANDIDATE STATUS

3002.1

An individual shall be considered a candidate when he or she:

(a) Receives a campaign contribution;

(b) Makes a campaign expenditure;

(c) Obtains nominating petitions;

(d) Authorizes any person to perform any of the above acts; or

(e) Fails to disavow in writing to the Director any of the above acts by any other person within ten (10) days after written notification by the Director.

3002.2

With the exception of candidates for Advisory Neighborhood Commission (ANC) member, each candidate shall, within five (5) days after becoming a candidate under § 3002.1, file a Statement of Candidacy form that indicates:

(a) Whether spending is anticipated at less than five hundred dollars ($500);

(b) Whether a principal campaign committee will be designated; and

(c) Whether or not the candidate intends to seek certification as a participating candidate in the Fair Elections Program.

3002.3

Each candidate who indicates on the Statement of Candidacy that a principal campaign committee will be designated on his or her behalf shall provide the following information on the Statement of Candidacy form:

(a) The name of the principal campaign committee;

(b) The names of any other affiliated committees; and

(c) The names of the national bank(s) located in the District of Columbia that has been designated as the candidate's campaign depository.

3002.4

The candidate shall commence filing personal R&E Reports in accordance with this chapter, or if a candidate seeking certification or participating in the Fair Elections Program in accordance with § 4212, unless reporting is otherwise exempted or waived pursuant to § 3004.

3002.5

Each candidate who files the R&E Report shall by oath or affirmation, subject to penalties of perjury, verifies the following statements:

(a) The candidate has used all reasonable diligence in the preparation of the report and the report is true and complete to the best of the candidate's knowledge; and

(b) The candidate has used all reasonable due diligence to ensure that the candidate and the candidate's committees are in compliance with the Campaign Finance Act, and the committees have advised their contributors of the obligations imposed on those contributors by the Campaign Finance Act.

3002.6

The Summary Financial Statement form of the Candidate for the Office of Member of an Advisory Neighborhood Commission (ANC) shall be filed no later than sixty (60) days after the certification by the Board of Elections (the Board) of the election results by the following individuals:

(a) ANC candidates who qualified for the ballot through the write- in process;

(b) ANC candidates who qualified for the ballot through the nominating petition process;

(c) ANC candidates who accepted contributions or made expenditures and did not qualify for the ballot; and

(d) ANC candidates who qualified as candidates for selection in the ANC vacancy filling process.

3002.7

The Summary Financial Statement form of the Candidate for the Office of Member of an ANC shall be filed electronically with the Director of Campaign Finance at the OCF website, www.ocf.dc.gov, except as provided in § 3002.9. A paper filing of the Summary Financial Statement shall not be accepted and will be considered a failure to file.

3002.8

The Office of Campaign Finance shall provide log- in information, including a Personal Identification Number (PIN), for access to the OCF Electronic Filing and Disclosure System to ANC candidates following the certification of the election results by the Board.

3002.9

The Director of the Office of Campaign Finance may grant an exception to the electronic filing requirement by the ANC candidate in either of the following circumstances:

(a) The filer submits a statement of actual hardship to the OCF no less than fifteen (15) days before the applicable filing deadline; and

(b) The filer submits a statement to the OCF describing an emergency that occurred on or before the filing deadline preventing the electronic filing. The request for an exception based on emergency does not delay any reporting deadlines. If a penalty is imposed for failure to file or timely file, the penalty may be set aside or reduced in accordance with § 3711.2(f).

3002.10

The Director shall review and respond in writing to an application for an exception within three (3) business days after its receipt.

3002.11

With the exception of candidates for the Office of Member of an Advisory Neighborhood Commission, each individual who ceases to become a candidate shall immediately file a Statement of Candidate Withdrawal form upon termination of the candidacy.

D.C. Mun. Regs. r. 3-3002

Final Rulemaking published at 45 DCR 3161, 3164-65 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2174-75 (March 24, 2000); as amended by Final Rulemaking published at 47 DCR 5919 (July 28, 2000); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2229, 2235 (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)

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.)).