D.C. Mun. Regs. r. 3-4201

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

Rule 3-4201 - REGISTRATION OF CANDIDATES IN THE FAIR ELECTIONS PROGRAM

4201.1

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

(a) Receives a campaign contribution;

(b) Makes 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.

4201.2

Each candidate shall, within five (5) days after becoming a candidate under § 4201.1, file a Statement of Candidacy form with the Office of Campaign Finance that indicates:

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

(b) Whether the candidate intends to seek certification as a participating candidate of the Fair Elections Program.

4201.3

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 authorized committees in § 3000.7;and

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

4201.4

The candidate shall commence filing personal Reports of Receipts and Expenditures (R&E Report) in accordance with § 4212, unless reporting is otherwise exempted or waived pursuant to §4201.5, and certify by oath or affirmation, subject to penalties of perjury, 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 principal campaign committee are in compliance with the Fair Elections Program's requirements, and the authorized committees under § 3000.7 have advised their contributors of the obligations imposed on those contributors by the Fair Elections Act.

4201.5

A candidate who has designated a principal campaign committee may apply, on a Request for Candidate Waiver form, for a waiver from filing reports separate from the candidate's committee.

4201.6

The Director may grant a waiver of the filing and reporting requirements upon certification by a candidate that, within five (5) days after personally receiving any contribution, the candidate shall surrender possession of the contribution to the principal campaign committee without expending any of the proceeds from the contribution.

4201.7

A candidate who is granted a waiver shall not make any non-reimbursed expenditures for the campaign except in accordance with § 4201.8.

4201.8

A candidate may use personal funds to make expenditure to the candidate's designated principal campaign committee. The principal campaign committee shall report the expenditure as a contribution received from the candidate and, if accompanied by a written instrument attesting thereto, as a loan pursuant to § 4209.3.

4201.9

The waiver from filing and reporting shall continue in effect as long as the candidate complies with the conditions under which it was granted.

4201.10

Each individual who ceases to become a candidate seeking certification or a participating candidate shall immediately file a Statement of Candidate Withdrawal form upon termination of the candidacy.

4201.11

A candidate who has registered with the Office of Campaign Finance shall complete and file Form W-9, Request for Taxpayer Identification Number and Certification and the ACH Enrollment Form, to establish authorization for the electronic transfer of base amount and matching fund payments.

D.C. Mun. Regs. r. 3-4201

Final Rulemaking published at 66 DCR 6632 (5/31/2019); amended by Final Rulemaking published at 66 DCR 013373 (10/11/2019)