D.C. Mun. Regs. r. 3-4102

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-4102 - ORGANIZATION OF EXPLORATORY COMMITTEES
4102.1

An exploratory committee shall be deemed "organized" when any person, or group of persons, formally agree, orally or in writing, and with the consent of the prospective candidate, to examine or explore the feasibility of becoming a candidate for apublic office in the District of Columbia.

4102.2

Each exploratory 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.

4102.3

An exploratory committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

4102.4

If an exploratory committee that has filed at least one (1) Statement of Organization disbands or determines that it will no longer receive contributions or make expenditures during a calendar year, it must so notify the Director immediately and file a final Report of Receipts & Expenditures (R&E Report).

4102.5

An exploratory committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 4102.2.

4102.6

No person may simultaneously serve as the chairperson and treasurer of an exploratory committee.

4102.7

A chairperson shall be required to file a Statement of Acceptance of Position of Chairperson form with the Director within five (5) days of assuming the office.

4102.8

A chairperson shall be required to file a Statement of Withdrawal of Position of Chairperson form with the Director within five (5) days of vacating the office.

4102.9

A treasurer shall be required to file a Statement of Acceptance of Position of Treasurer form with the Director within forty-eight (48) hours of assuming the office.

4102.10

A treasurer shall be required to appear in person at the Office of Campaign Finance to attend a training program pursuant to § 3001 of Chapter 30 within fifteen (15) days of submitting the Statement of Acceptance of Treasurer form in accordance with § 4102.9.

4102.11

A treasurer shall be required to file a Statement of Withdrawal of Position of Treasurer form with the Director within forty-eight (48) hours of vacating the office.

4102.12

When either the office of chairperson or treasurer is vacant, the exploratory 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.
4102.13

The treasurer of an exploratory committee shall obtain and preserve receipted bills and records in accordance with § 3400.2 of Chapter 34 of this title.

4102.14

An exploratory committee shall neither accept a contribution nor make an expenditure while the office of treasurer is vacant, and no other person has been designated and agreed to perform the functions of treasurer.

4102.15

Each expenditure made for, or on behalf of, an exploratory 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 § 4102.2.
4102.16

No expenditures may be made by an exploratory committee except by check drawn payable to the person to whom the expenditure is being made on the account at a bank designated by the exploratory committee as its depository in its Statement of Organization.

4102.17

A detailed account of each contribution or expenditure of fifty ($50) or more for or on behalf of an exploratory committee shall be submitted to the treasurer of such committee within five (5) days of the receipt of the contribution or the making of the expenditure upon the treasurer's demand.

4102.18

The detailed account submitted pursuant to § 4102.16 shall include:

(a) The amount of the contribution or expenditure;
(b) The name and address (including the occupation and principal place of business, if any) of the contributor or the person (including the business entity) to whom the expenditure was made;
(c) The date of the contribution; and
(d) In the case of an expenditure, the office sought by the candidate on whose behalf the expenditure was made, if applicable.
4102.19

All funds of an exploratory committee shall be segregated from, and may not be commingled with, anyone's personal funds.

4102.20

Each exploratory committee accepting contributions or making 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.

D.C. Mun. Regs. r. 3-4102

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 15416 (11/22/2019); amended by Final Rulemaking published at 68 DCR 1896 (2/12/2021)
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.)).