3711.1 Upon a determination, pursuant to §§ 3704 or 3709, that a violation has occurred, the Director may ministerially impose fines upon the candidate, treasurer, committee, designated agent under § 3000.12, or any other person, in the following manner:
(a) Each allegation shall constitute a separate violation; and(b) A fine shall attach for each day of non-compliance for each violation.3711.2 Except for fines imposed for violations of the regulations and statutory provisions governing the Constituent Service Programs under § 3711.3 and the Fair Elections Program under § 3711.4, fines shall be imposed as follows:
(a) Accepting a contribution or making an expenditure while office of treasurer is vacant: fifty dollars ($50) per day;(b) Failure to designate a principal campaign committee: fifty dollars ($50) per day;(c) Failure to designate a campaign depository: fifty dollars ($50) per day;(d) Failure to file a Statement of Organization for a political committee, political action committee and independent expenditure committee: fifty dollars ($50) per day;(e) Failure to file a Statement of Candidacy: fifty dollars ($50) per day;(f) Failure to file a Report of Receipts & Expenditures: fifty dollars ($50) per day;(g) Failure to file an Exemption for a Candidate spending less than $500: fifty dollars ($50) per day;(h) Accepting legal tender or a money order of one hundred dollars ($100) or more: five hundred dollars ($500);(i) Using Statehood Funds for political activities: four thousand dollars ($4,000); (j) Making a contribution deposit into an account not designated as a campaign depository: one thousand dollars ($1,000); (k) Failure to place identification notice/identity of a sponsor on campaign literature: five hundred dollars ($500);(l) Accepting a contribution in excess of contribution limitations: four thousand dollars ($4,000); (m) Making a contribution in excess of contribution limitations: four thousand dollars ($4,000);(n) Accepting a contribution made by one person in the name of another person: four thousand dollars ($4,000);(o) Making a contribution in the name of another person: four thousand dollars ($4,000);(p) Failure to timely dispose of surplus campaign funds: fifty dollars ($50) per day;(q) Failure to file additional information requested by the Director: fifty dollars ($50) per day;(r) Failure to disclose/amend required information on reports and statements: fifty dollars ($50) per day;(s) Failure to file ANC Summary Financial Report: fifty dollars ($50) per day;(t) Failure to file a Statement of Acceptance of Position of Chairperson: fifty dollars ($50) per day; (u) Failure to file a Statement of Acceptance of Position of Treasurer: fifty dollars ($50) per day;(v) Making an expenditure in excess of expenditure limitations: four thousand dollars ($4,000);(w) Using District of Columbia government resources for campaign-related activities: four thousand dollars ($4,000);(x) Failure to designate an exploratory committee: fifty dollars ($50) per day;(y) Accepting a contribution in excess of aggregate limitations: four thousand dollars ($4,000);(z) Failure to maintain records required under § 3400.2: four thousand dollars ($4,000);(aa) Failure to file a Statement of Information: fifty dollars ($50) per day;(bb) Failure to designate a Statehood Fund depository: fifty dollars ($50) per day;(cc) Failure to disclose bundled contributions in excess of ten thousand dollars ($10,000): four thousand dollars ($4,000);(dd) Selling or utilizing information copied from reports and statements for the purpose of soliciting contributions: four thousand dollars ($4,000);(ee) Selling or utilizing information copied from reports and statements for the purpose of commercial use: four thousand dollars ($4,000);(ff) Failure to timely liquidate a Bitcoin contribution: fifty dollars ($50) per day;(gg) Failure to attend mandatory in-person training: fifty dollars ($50) per day;(hh) Failure to disclose affiliated entities of a business contributor who also made contributions to the same committee: one thousand dollars ($1,000);(ii) Making a contribution or transfer of funds if an independent expenditure committee: five hundred dollars ($500);(jj) Failure to file a Statement of Withdrawal of Candidate, Treasurer or Chairperson: fifty dollars ($50) per day; and(kk) Failure to file a Statement of Committee Termination: fifty dollars ($50) per day.3711.3 Fines for violations of the regulations and statutory provisions governing Constituent Services Programs shall be imposed, as follows:
(a) Failure to designate a constituent-service program depository: fifty dollars ($50) per day;(b) Failure to file a Statement of Acceptance of Position of Chairperson: fifty dollars ($50) per day;(c) Failure to file a Statement of Acceptance of Position of Treasurer: fifty dollars ($50) per day;(d) Accepting a contribution or making an expenditure while office of treasurer is vacant: fifty dollars ($50) per day;(e) Failure to file additional information requested by the Director: fifty dollars ($50) per day;(f) Failure to disclose required information on reports and statements: fifty dollars ($50) per day;(g) Accepting a contribution made by one person in the name of another person: four thousand dollars ($4,000);(h) Making a contribution in the name of another person: four thousand dollars ($4,000); (i) Accepting a contribution in excess of the constituent-services program contribution limitation: four thousand dollars ($4,000);(j) Making a contribution in excess of the constituent-services program contribution limitation: four thousand dollars ($4,000); (k) Conducting campaign activities in the constituent-services program: four thousand dollars ($4,000);(l) Making an expenditure in excess of expenditure limitations: four thousand dollars ($4,000);(m) Accepting a contribution in excess of aggregate limitations: four thousand dollars ($4,000);(n) Failure to maintain records required under § 3400.2: four thousand dollars ($4,000);(o) Promoting or opposing, as a primary purpose, a political party, committee, candidate, or issue: four thousand dollars ($4,000);(p) Making any expenditure for the payment of penalties and fines inured to the Districtof Columbia: four thousand dollars ($4,000);(q) Making any expenditures of cash from constituent service program funds: four thousand dollars ($4,000);(r) Making expenditures for sponsorships for political organizations: four thousand dollars ($4,000);(s) Conducting mass mailings within the ninety (90)-day period immediately preceding a primary, special, or general election by a member of the Council, or the Mayor, who is a candidate for office: four thousand dollars ($4,000).(t) Failure to disclose affiliated entities of a business contributor who have also made contributions to the same committee: one thousand dollars ($1,000); and(u) Failure to timely liquidate a Bitcoin contribution: fifty dollars ($50) per day.3711.4Fines for violations of the regulations and statutory provisions governing the Fair Elections Program shall be imposed, as follows:
(a) Accepting contribution in the form of cash in excess of one hundred dollars ($100): five hundred dollars ($500);(b) Accepting a contribution in excess of the contribution limitations: four thousand dollars ($4,000);(c) Accepting any contribution in excess of the aggregate limitations: four thousand dollars ($4,000);(d) Accepting contributions from prohibited sources: four thousand dollars ($4,000);(e) Accepting a contribution or making an expenditure while the office of treasurer is vacant: fifty dollars ($50) per day;(f) Accepting a loan in the form of a contribution in excess of the aggregate limitations: four thousand dollars ($4,000);(g) Failure to remit remaining funds in the participating candidate's campaign account for deposit to the Fair Election Fund: four thousand dollars ($4,000);(h) Failure to designate a principal campaign committee: fifty dollars ($50) per day;(i) Failure to designate a campaign depository: fifty dollars ($50) per day;(j) Failure to file a Fair Elections Program Statement of Registration: fifty dollars ($50) per day;(k) Failure to file a Statement of Organization for Principal Campaign Committee: fifty dollars ($50) per day;(l) Failure to file a Fair Elections Program Report of Receipts & Expenditures: fifty dollars ($50) per day;(m) Failure to place identification notice/identity of a sponsor on campaign literature: five hundred dollars ($500);(n) Failure to return any unexpended base amount payments and/or matching payments to the Fair Elections Program: four thousand dollars ($4,000);(o) Failure to donate campaign-purchased equipment valued $50 or more: four thousand dollars ($4,000);(p) Failure to file additional information requested by the Director: fifty dollars ($50) per day;(q) Failure to disclose/amend required information on reports and statements: fifty dollars ($50) per day;(r) Failure to file a Statement of Acceptance of Position of Chairperson: fifty dollars ($50) per day;(s) Failure to file a Statement of Withdrawal of Candidate, Treasurer, or Chairperson: fifty dollars ($50) per day;(t) Failure to file a Statement of Committee Termination: fifty dollars ($50) per day;(u) Failure to file a Statement of Acceptance of Position of Treasurer: fifty dollars ($50) per day;(v) Failure to maintain records required under § 3400.2: four thousand dollars ($4,000);(w) Failure to attend mandatory in-person training: fifty dollars ($50) per day;(x) Failure to participate in the debate requirement: four thousand dollars ($4,000)(y) Failure to comply with the Fair Elections requirements: four thousand dollars ($4,000);(z) Making a contribution of personal funds in excess of aggregate limitations: four thousand dollars ($4,000);(aa) Making expenditures for any purpose prohibited under § 4209: four thousand dollars ($4,000);(bb) Making a contribution deposit into an account not designated as a campaign depository: four thousand dollars ($4,000);(cc) Making a contribution loan or transfer of funds to another candidate's political committee or to a political action committee: four thousand dollars ($4,000);(dd) Using District of Columbia government resources for campaign-related activities: four thousand dollars ($4,000);(ee) Failure to timely file the Fair Elections Program Request to Rescind Certification: fifty dollars ($50) per day;(ff) Failure to donate campaign-purchased equipment in accordance with § 4211.4: four thousand dollars ($4,000); and(gg) Using withheld public funds for any purposes not authorized under § 4711.6: four thousand dollars ($4,000).3711.5 The aggregate of the penalties imposed under the Director's authority, pursuant to §§ 3711.2, 3711.3 and 3711.4, may not exceed four thousand dollars ($4,000) for each violation, except or unless otherwise authorized.
3711.6 In calculating the time period for delinquencies, Saturdays, Sundays, and holidays shall not be included.
3711.7 Any fine imposed by the Director, pursuant to §§ 3711.2, 3711.3 and 3711.4, shall become effective on the sixteenth (16th) day following the issuance of a decision and order; provided, that, the respondent does not request a hearing pursuant to § 3709.11.
3711.8 The Director may modify, rescind, dismiss, or suspend any fine imposed, pursuant to §§ 3711.2, 3711.3 and 3711.4, for good cause shown; provided, that fines imposed for failure to file an eight (8) day pre-election report shall be
mandatory, unless a written extension for filing the report, pursuant to Chapter 30 of this title, is granted by the Director.
3711.9 Fines imposed pursuant to this chapter shall be paid within ten (10) days of the effective date of the issuance of an Order of the Director. Payment by check or money order shall be payable to the D.C. Treasurer, and directed to the Office of Campaign Finance, 1015 Half Street S.E., Suite 775, Washington, D.C. 20003.
3711.10 If a party fails to pay the ordered fine, the Director may petition for enforcement of its order before the Board in an adversarial and open hearing, pursuant to Chapter 4 of this title, within sixty (60) days of the expiration of the period provided for payment of the fine.
3711.11 Except as provided in §§ 3015.5(b)(1), 3906.2 and 4006.2, no provision of this chapter shall be construed as creating a liability on the part of any candidate for any financial obligation incurred by a committee.
3711.12 For the purposes of this chapter, action of an agent of a candidate shall be imputed to the candidate; provided, that the actions of the agent may not be imputed to the candidate in the presence of a provision of law requiring a willful and knowing violation of Chapters 30-42, unless the agency relationship to engage in the act is shown by clear and convincing evidence.
D.C. Mun. Regs. r. 3-3711
Final Rulemaking published at 45 DCR 3161, 3211-13 (May 22, 1998); as amended by Final Rulemaking published at 49 DCR 2731, 2734 (March 22, 2002); as amended by Final Rulemaking published at 53 DCR 3222, 3243 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 8797, 8800 (August 15, 2008); as amended by Final Rulemaking published at 57 DCR 2272, 2276 (March 19, 2010); as amended by Final Rulemaking published at 58 DCR 10612, 10615 (December 16, 2011); 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.)).