D.C. Mun. Regs. r. 3-3008

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 3-3008 - FINANCIAL REPORTS AND STATEMENTS
3008.1

Candidates, committees, constituent-service programs and Statehood Funds and their treasurers shall make best efforts to obtain, report, and maintain the information required under Chapter 34 of this title.

3008.2

With the exception of candidates for the office of ANC member, all contributions, expenditures, debts, contracts, and agreements shall be reported on separate schedules in the following manner:

(a) On the R&E Report form prescribed by the Director; or
(b) In a format consistent with the R&E Report form.
3008.3

Each contribution, rebate, refund, or any other receipt of fifteen dollars ($15) or more shall be reported.

3008.4

Each contribution, receipt, transfer from other authorized committees, dividend or interest receipt, offset to operating expenditures, including rebates and refunds, and in the case of the constituent-service programs, personal property, shall be itemized and reported on the appropriate sub-schedule of Schedule A in accordance with the instructions for preparing the R&E Report.

3008.5

Each receipt for a loan made or guaranteed by the candidate or the committee, or owed by the candidate or the committee, and each loan repayment made by the candidate or the committee, shall be itemized and reported on the appropriate sub-schedule of Schedule E.

3008.6

Partnership contributions, under § 3011.23, shall be itemized and reported on Schedule A, in accordance with the instructions for preparing the R&E Report, in the following manner:

(a) In the name of the partnership; and
(b) In the name of each contributing partner.
3008.7

Each operating expenditure, transfer to other authorized committees, refund of a contribution, independent expenditure, offset to receipts, and in the case of a constituent-service program, personal property, shall be itemized and reported on the appropriate sub-schedule of Schedule B in accordance with the instructions for preparing the R&E Report.

3008.8

Each in-kind contribution, under §§ 3008.5 and 3008.8, shall be assessed at the current local fair market value at the time of the contribution, and shall be itemized and reported on the appropriate sub-schedules of Schedules A and B.

3008.9

Each Bitcoin contribution shall be reported on the R&E report in the following manner:

(a) Bitcoin contributions shall be reported as in-kind contributions in accordance with § 3008.9;
(b) Bitcoin contributions shall be reported received as of the date the contribution is liquidated into U.S. dollars;
(c) The full amount liquidated shall be reported as t he contributor's total contribution;
(d) A refund check for any liquidated amount exceeding the contribution limit shall be issued to the contributor; and
(e) Each service charge incurred or discounted from the public Bitcoin exchange website shall be reported in the same manner as credit card transactions under §§ 3008.15(c) and (d).
3008.10

The net proceeds of each mass sale and collection shall be itemized and reported on Schedule C in accordance with the instructions for preparing the R&E Report, and the supporting documentation for each itemization maintained under § 3401.3(b).

3008.11

Each debt and obligation, excluding loans, shall be itemized and reported on Schedule D in accordance with the instructions for preparing the R&E Report.

3008.12

Each loan shall be itemized and reported on the appropriate sub-schedule of Schedule E in accordance with the instructions for preparing the R&E Report.

3008.13

The R&E Report shall be complete, under § 3017, as of ten (10) days prior to the date of any filing; provided, that any contribution of two hundred dollars ($200) or more received after any deadline for the filing of the last R&E Report required to be filed prior to an election shall be reported within twenty- four (24) hours after its receipt.

3008.14

Financial transactions undertaken by credit card shall be reported on the R&E Report in the following manner:

(a) Contributions shall be reported for the date upon which the authorized transaction is received;
(b) The full amount authorized by the contributor as a contribution shall be reported by the candidate or committee;
(c) Each service charge deducted by the credit card issuer shall be reported as an expenditure made by the candidate or the committee on the date when notified of the deduction; and
(d) Each discount from the normal service charge authorized by the credit card issuer shall constitute an in-kind contribution, under § 3008.5, from the issuer, and shall be reported as an in-kind contribution.
3008.15

Any person other than a political committee, political action committee or independent expenditure committee that make one or more independent expenditures in an aggregate amount of one thousand ($1,000) dollars or more within a calendar year shall, in a report filed with the Director of Campaign Finance, identity:

(a) The name and address of the person;
(b) The name and address of any of the person's affiliated entities that have also made an independent expenditure;
(c) The amount and purpose of the expenditures;
(d) The name s of any candidates, initiative, referend a, or recalls in support of or opposition to which the expenditures are directed; and
(e) A certification that, to the best of the person's knowledge, the independent expenditures were not controlled by or coordinated with any public official, political committee affiliated with a public official, or an agent of any person described in § 3008.16.
3008.16

If a person under § 3008.16 is not an individual, any report filed under this chapter shall also include:

(a) The person's principal place of business;
(b) The name and address of each person whose total contributions, made for the purpose of making an independent expenditure, to the person report during the period covered by the report exceeded five hundred ($500) dollars.
3008.17

The report shall be filed on the dates which report by committees are filed, unless the value of the independent expenditure totals one thousand ($1,000) dollars or more in a two (2)-week period, in which case the report shall be filed within fourteen (14) days after the independent expenditure.

3008.18

In the case of R&E Reports filed by a political committee or political action committee on behalf of initiative, referendum, or recall under § 3009, as applicable, the reports shall be filed on the dates that the Office of Campaign Financeprescribed under § 3017.

3008.19

The Summary Financial Statement of Candidate for the Office of Member of an Advisory Neighborhood Commission (ANC), filed under § 3002.6, shall include:

(a) Total receipts collected and expenditures made by the candidate for the campaign;
(b) Certification that the candidate did not receive contributions from any person, other than the candidate, in excess of twenty- five dollars ($25);
(c) Certification that the candidate did not receive any contributions from any person or make any expenditures, including from or by the candidate, to support the candidate's election to office; and
(d) The disposal of surplus contributions, if any.
3008.20

The Summary Financial Statement of an ANC candidate shall be filed in an electronic format at the OCF website, pursuant to § 3002.7, and the contents of the statement electronically certified through the use of a PIN number assigned by the Office of Campaign Finance.

3008.21

Each person who files reports and statements with the Director of Campaign Finance has a continuing obligation to provide the Director with correct and up-to-date information.

3008.22

Contributions from business contributors, under § 3011.27, shall be itemized and reported on Schedule A in accordance with the instructions for preparing the R&E Report, and shall be accompanied by the name and address of each affiliated entity of the business contributor who has made a contribution or expenditure to the filer.

3008.23

Each political committee, political action committee and independent expenditure committee shall, in a separate schedule of its report to be filed, disclose:

(a) Name, address, employer, and occupation of each person reasonably known by the committee to have bundled in excess of five thousand dollars ($5,000) during the reporting period; and
(b) For each person, the total of the bundling.
3008.24

The filer of the R&E Report must obtain a certification by each business contributor for each contribution that it made to the filer that none of its affiliate entities have contributed an amount that when aggregated with the contributions of the business contributor, would exceed the contribution limits.

3008.25

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.

3008.26

Every independent expenditure committee shall further certify, in each report filed with the 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.

3008.27

A business contributor shall comply with all requests from the Office of Campaign Finance to provide information about its individual owners, the identity of affiliated entities, the individual owners of affiliated entities, the contributions or expenditures made by such entities, and any other information the Director of Campaign Finance deems relevant to enforcing the provisions of this Act.

3008.28

No person shall sell or utilize information copied from reports and statements filed with the Office of Campaign Finance for the purpose of commercial use or soliciting contributions.

3008.29

Except for §§ 3008.1 and 3008.2, the provisions under § 3008 shall not apply to the R&E Report filed by candidates seeking certification and participating in the Fair Elections Program.

3008.30

A covered contractor shall comply with all requests made by the Office of Campaign Finance for information in any inquiry initiated by the Agency pertaining to a contribution by the business entity to a prohibited recipient about the business entity and its principals, including senior officers, the president, executive director, chief executive officer, chief operating officer, or chief financial officer.

3008.31

The Director of Campaign Finance shall identify, for each covered contractor, whether the covered contractor has contributed to a prohibited recipient during the prohibited period.

3008.32

The Director of Campaign Finance shall check the publicly available lists of covered contractors maintained by the contracting authority against the Reports of Receipts and Expenditures filed with the Office of Campaign Finance, following each filing deadline, to identify any unlawful contributions by a covered contractor.

(a) If a violation is determined, the Director will notify the covered contractor, the prohibited recipient who accepted the contribution, and the relevant contracting authority in order to allow the covered contractor and the prohibited recipient to cure the violation; and
(b) Notify the campaign treasurers of the relevant provisions under Chapter 30 of this Title.
3008.33

The Director of Campaign Finance shall make any reports prepared under this chapter available online, including a biennial report summarizing the receipts and expenditures of candidate, political committees, political action committees and independent expenditure committees, during the prior two (2)-year period.

3008.34

The Director of Campaign Finance shall make available any necessary information to the contracting authorities and the Office of the Chief Financial Officer to facilitate compliance with this section.

3008.35

A covered contractor that violates the provisions of this section may be considered to have breached the terms of any existing contract with the District. At the discretion of the relevant contracting authority, any existing contract of the covered contractor may be terminated. The covered contractor may also be disqualified from eligibility for future District contracts, including the extension or modification of any existing contract, for a period of 4 calendar years after the date of determination that a violation of this section has occurred.

3008.36

The Director shall publish and prominently display the names of any prohibited recipients or covered contractors found to be in violation of this section and § 3011 on the webpage of the Office of Campaign Finance.

3008.37

The Director of Campaign Finance shall publish a biennial report by December 31st of each odd-numbered year. The report shall describe the receipts and expenditures of candidate for Mayor, Attorney General, Chairman and members of the Council, members of the State Board of Education, shadow Senator, and shadow Representative, but not to include candidates for Advisory Neighborhood Commissioner. The reports shall provide, at a minimum, the following:

(a) A summary of each candidate's receipts, in dollar amount and percentage terms, by categories of contributors that the Director considers appropriate, such as the candidate, individuals, political committees, corporations, partnerships, labor organizations, and covered contractors:
(b) A summary of each candidate's receipts, in dollar amount and percentage terms, by the size of the contribution, including contributions of:
(1) Five Hundred Dollars ($500) or more;
(2) Two Hundred Fifty Dollars ($250) or more but less than $500;
(3) One Hundred Dollars ($100) or more but less than $250; and
(4) Less than $100;
(c) The total amount of a candidate's receipts and expenditures for primary and general elections, respectively, when applicable;
(d) A Summary of each candidate's expenditures, in dollar amount and percentage terms, by operating expenditures, transfers to other authorized committees, loan repayments, and refunds of contributions; and
(e) A summary of the receipts and expenditures of political committees, political action committees, and independent expenditure committees using categories considered appropriate by the Director of Campaign Finance.

D.C. Mun. Regs. r. 3-3008

Final Rulemaking published at 45 DCR 3161, 3168-69 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2175-77 (March 24, 2000) as amended by Final Rulemaking published at 53 DCR 3226 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2229, 2237 (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.)).