D.C. Mun. Regs. r. 3-4205

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 3-4205 - LIMITATIONS ON CONTRIBUTIONS
4205.1

A candidate seeking certification as a participating candidate or a participating candidate in the Fair Elections Program may only accept a qualified small-dollar contribution from a District resident individual or a contribution from a non-District resident individual, that, when aggregated with all other contributions received from that small-dollar District resident contributor or contributions received from that non-District resident individual, does not exceed, per election cycle:

(a) In the case of a qualified small-dollar contribution from a District resident individual or contribution from a non-District resident individual in support of a candidate for Mayor, $200;
(b) In the case of a qualified small-dollar contribution from a District resident individual or contribution from a non-District resident individual in support of a candidate for Council Chairman or Attorney General, $200;
(c) In the case of a qualified small-dollar contribution from a District resident individual or contribution from a non-District resident individual in support of a candidate for member of the Council elected at-large, $100;
(d) In the case of a qualified small-dollar contribution from a District resident individual or contribution from a non-District resident individual in support of a candidate for member of the Council elected from a ward or for member of the State Board of Education elected at-large, $50; and
(e) In the case of a qualified small-dollar contribution from a District resident individual or contribution from a non-District resident individual in support of a candidate for member of the State Board of Education elected from a ward, $20.
4205.2

Each qualified small-dollar contribution from a District resident and contribution from a non-District resident individual shall be acknowledged by physical or electronic confirmation or receipt, as the candidate prefers. The candidate shall retain the information in paragraphs (a) and (b) of this section. The receipt shall include:

(a) The contributor's physical or electronic signature, or other indicia of identity (such as an affirmation checkbox), printed, or typed name, address, occupation and principal place of business, if any, and the name of the candidate to whom the contribution is made; and
(b) An indication, including by clicking a check box or button that the contributor has sworn or affirmed:
(1) Is making the contribution in the contributor's own name and from the contributor's own funds;
(2) Is making the contribution voluntarily and has not received anything of value in return for the contribution;
(3) In the case of a small-dollar contributor, is a District resident;
(4) In the case of a contribution from a non-District resident individual, is a non-District resident individual; and
(5) Understands that a false statement is a violation of law.
4205.3

Notwithstanding § 4205.2(b), if a contributor agrees to make a contribution to a candidate that recur automatically on a periodic basis, the contributor's initial indication made pursuant to §§ 4205.2(b) or 4205.4 is sufficient to indicate continuous assent and the contributor need not provide a new indication for each recurring contribution.

4205.4

If a contributor makes a contribution to a candidate over the phone, the indication required by § 4205.2(b) may be provided by the contributor orally.

4205.5

A candidate seeking certification and a participating candidate may accept qualified small-dollar contributions from District resident individuals and contributions from non-District resident individuals made by means of personal check, credit card, electronic payment account, or cash, provided, that contributions in the form of cash cannot, in the aggregate, exceed one hundred dollars ($100) per small-dollar contributor District resident individual or non-District resident individual per seat per covered office per election cycle.

4205.6

A candidate seeking certification and a participating candidate may accept contributions from Fair Elections Committees that do not exceed one thousand five hundred dollars ($1,500) per Fair Elections Committee, per election cycle.

4205.7

Contributions from Fair Elections Committees established, financed, maintained, or controlled by substantially the same group of individuals shall share a single contribution limitation.

4205.8

A candidate seeking certification and a participating candidate may accept qualified small-dollar contributions from District resident individuals who are minor children (individuals under eighteen (18) years of age), provided, that:

(a) The decision to contribute is made knowingly and voluntarily by the minor child;
(b) The funds, goods, or services contributed are owned or controlled exclusively by the minor child, such as income earned by the child, or a bank account opened and maintained exclusively in the child's name; and
(c) The contribution was no t made from the proceeds of a gift, the purpose of which was to provide funds to be contributed.
4205.9

Any contribution received from a minor child, except under § 4205.8, shall be attributed to the parents or legal guardians, subject to the contribution limits under § 4205.1.

4205.10

A candidate seeking certification and a participating candidate may accept a loan or advance from the candidate or member of the immediate family of a candidate, subject to the contribution limits of § 4209.1(f) of this chapter. "Immediate family" means the spouse or domestic partner of a candidate and any parent, grandparent, brother, sister, or child of the candidate, and the spouse or domestic partner of any such parent, grandparent, brother, sister, or child.

4205.11

Each loan or advance from a candidate or member of the immediate family of a candidate shall be evidenced by a written instruction that fully discloses:

(a) The terms of the loan or advance;
(b) The conditions of the loan or advance;
(c) The parties to the loan or advance; and
(d) Documentation regarding the source of the funds when the loan or advance is from the candidate.
4205.12

The amount of each loan or advance from a candidate or member of the candidate's immediate family shall be included in computing and applying the limitations on contributions under § 4209.1(f), upon receipt by the principal campaign committee of the loan or advance from the candidate or an immediate family member; provided, that the standards for repayment are consistent with the repayment policies of lending institutions in the District of Columbia.

4205.13

Loans made in the regular course of the lender's business shall not be deemed a contribution by the obligor on the loan and by any other person endorsing, cosigning, guaranteeing, or otherwise providing security or collateral for the loan and subject to the limitations on contributions under § 4205.1 and § 4209.1(f).

4205.14

A loan not made in the regular course of a lender's business shall be deemed a contribution by the lender subject to the limitations on contributions under § 4205.1 and § 4209.11(f).

4205.15

Any portion of a loan that is forgiven is a monetary contribution and any debt owed by a candidate that is forgiven or settled for less than the amount owed is a contribution, unless the debt was forgiven or settled by a creditor who has treated the outstanding debt in a commercially reasonable manner.

4205.16

Candidates seeking certification and participating candidates may not accept any contributions in excess of the applicable contributions limits or from sources prohibited under Chapter 42 of this title.

4205.17

Except as provided in § 4207.9 of this chapter, when a candidate knows or has reason to know that he or she has accepted a contribution, contributions, or aggregate contributions from a single source in excess of the applicable contribution limit, or from a source prohibited under Chapter 42 of this title, the candidate shall promptly return the excess portion or prohibited contribution, by bank check or certified check made out to the contributor.

4205.18

Where the return of the contribution to the contributor under Section § 4205.15 is impracticable, the candidate may pay to the Fund an amount equal to the amount of the prohibited contribution or the excess portion.

D.C. Mun. Regs. r. 3-4205

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