Title 3 DCMR — ELECTIONS AND ETHICS

3-1 ORGANIZATION OF THE BOARD OF ELECTIONS

3 DCMR § 100 ESTABLISHMENT AND AUTHORITY OF THE BOARD OF ELECTIONS

100.1 The District of Columbia Board of Elections is established under § 3 of the District of Columbia Election Act, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §§ 1-1001.02, 1-1103.05(a) (2014 Repl.)).

100.2 The District of Columbia Board of Elections is vested with authority to administer and enforce the provisions of the District of Columbia Election Act, as amended, and Title III of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (hereinafter, referred to as the “Campaign Finance Act of 2011”), effective April 27, 2012 (D.C. Official Code §§ 1-1163.01 et seq. (2016 Repl.)).

100.3 The Board is composed of three (3) members, no more than two (2) of whom shall be members of the same political party, who are appointed by the Mayor and confirmed by the Council of the District of Columbia.

100.4 The Mayor designates, from time to time, the Chairperson of the Board.

100.5 The Board shall appoint an Executive Director who is primarily responsible for the administrative operations of the Board, including personnel liaison, budget submission, accounting, management of data processing systems, procurement of supplies and services, maintenance of voter records, election preparation, and other duties as delegated or assigned by the Board.

100.6 The Board shall appoint a General Counsel who shall be the Board’s chief legal advisor and primarily responsible for representing the Board in all judicial proceedings relating to local elections, campaign finance, conflict of interest and lobbying laws. The General Counsel shall perform other duties delegated or assigned by the Board.

100.7 The Executive Director and the General Counsel shall be accountable solely to the Board.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684 (February 13, 1981); as amended by Final Rulemaking published at 30 DCR 5289 (October 14, 1983); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 100

3 DCMR § 101 OFFICE OF CAMPAIGN FINANCE

101.1 The Office of the Director of Campaign Finance is established by law under the jurisdiction of the District of Columbia Board of Elections.

101.2 The Administrator of the Office of Campaign Finance is the "Director of Campaign Finance," who is appointed by, and serves at the pleasure of, the Board.

101.3 The Director of Campaign Finance is responsible for the administrative operations of the Board pertaining to the Campaign Finance Act of 2011 and other duties delegated or assigned by the Board.

History

SOURCE: Final Rulemaking published at 26 DCR 2134 (November 9, 1979); as amended by Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684 (February 13, 1981); as amended by Final Rulemaking published at 56 DCR 3937 (May 15, 2009); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 101

3 DCMR § 102 MEETINGS

102.1 Board members are charged with providing ultimate oversight over the activities and affairs of the agency. Members should make every effort to ensure their participation in all Board activities.

102.2 Board attendance is directly correlated to Board participation and thereby to the success of the agency and its mission. All Board members are expected to be physically present at all scheduled meetings unless some other form of attendance has been approved by the Chair.

102.3 Except as provided otherwise by statute, a quorum of the Board shall consist of no fewer than two (2) members of the Board and shall be necessary to conduct official Board business. At the discretion of the Chairperson, any member may participate in a meeting of the Board by means of a video conference, telephone conference, or by any means of communication by which all persons participating in the meeting are able to hear one another, and such participation shall constitute presence in person at the meeting.

102.4 At the beginning of each calendar year, a preliminary schedule of regular meetings for the year, which the Board has discretion to change, shall be published in the District of Columbia Register. The publication of this schedule shall serve as proper legal notice of all of the Board’s regular meetings. Regularly scheduled Board meetings shall be held on the first Wednesday of each month at a time and place or manner to be determined by the Board and may be rescheduled as necessary. Additional meetings may be called as needed by the Board. Notice of additional meetings or notice of changes to regularly scheduled meetings shall be published on the Board’s website as early as possible, but not less than forty-eight (48) hours or two business days in advance, whichever is greater, except in the case of emergency.

102.5 In addition to the publication of the preliminary schedule of regular meetings for the year in the District of Columbia Register, the Board shall provide notice of each regular meeting, which shall include the planned agenda for such meeting, on its website as early as possible, but not less than forty-eight (48) hours or two business days in advance of such meeting, whichever is greater. Copies of the agenda shall be available to the public at the meeting. Nothing in this section shall preclude the Board from amending the agenda at the meeting.

102.6 The meetings of the Board shall be open to the public, with the exception of executive sessions entered into pursuant to D.C. Official Code § 2-575(b).

102.7 Meeting minutes are a matter of public record and shall include the vote of each member on each action. A preliminary, pre-approval draft copy of the minutes from each Board meeting shall be posted on the Board’s website within three (3) business days after the meeting. A final version of the minutes from each Board meeting shall be posted on the Board’s website no later than the next regular meeting of the Board. Electronic and hard copies of the final version of the minutes shall be made available upon request to the Office of the General Counsel.

102.8 Meeting transcripts shall be recorded stenographically under the supervision of the Office of General Counsel, or by other means, by an official reporter who may be designated from time-to-time by the Board. Transcripts shall be open for inspection in the Office of the General Counsel and on the Board’s website. Paper copies of the official transcript shall be available upon payment to the Board of the charges fixed for copies otherwise provided through information requests except that the Office of General Counsel may waive the fee for parties appearing at a meeting in a contested matter.

102.9 All attendees at Board meetings, including Board members and election officials, shall refrain from engaging in any conduct that is unsafe or disruptive to the orderly conduct of a meeting. The presiding Board member at a meeting or his or her designee may take appropriate remedial action consistent with the Open Meetings Act and other pertinent rules and regulations to ensure the orderly conduct of a meeting, including but not limited to removing from the meeting any individual who is acting in a manner that is unsafe or disruptive to the orderly conduct of the meeting. Any individual removed from a meeting shall not be re-admitted unless permission is granted upon motion adopted by a majority vote of the Board.

102.10 If counsel to a party in a contested case hearing is removed from a meeting pursuant to this Chapter, the Board may either proceed with the hearing if consistent with the due process rights of the party or parties or adjourn the hearing to give the party or parties represented by such counsel a reasonable opportunity to secure new representation expeditiously.

102.11 Members of the public who are attending in-person meetings shall only be permitted to access the Board’s meeting room and may not loiter or move unescorted through the Board’s offices. Attendees who arrive early may wait in the building’s lobby or the Board’s main reception area until the meeting commences. Attendees must vacate the Board’s offices promptly after the meeting has adjourned. If an attendee has additional business at the Board, they must exit the meeting room and re-enter the Board’s offices through the main entrance.

102.12 Attendees at virtual meetings must stay muted when not speaking and are responsible for unmuting themselves upon being recognized to comment by the presiding Board member. Attendees at virtual meetings may only use the chat function for official business.

102.13 The Board encourages comments on any issue under the jurisdiction of the Board. The Board shall permit the submission of written comments either in advance or within a time set after the regular meeting. The Board may also, in its discretion, provide the public with a reasonable opportunity to offer such comments at its regular meetings. Any public comment period offered shall be the only opportunity at a meeting for a member of the public to provide comment unless they are participating in a hearing or other agendized proceeding being held before the Board (for e.g., as parties, counsel, witnesses, etc.) or are expressly permitted by the Board to provide comment outside of the public comment period.

102.14 For meetings that include a public comment period, the following rules shall apply to such period:

Priority will be given first to registered voters and then to residents of the District of Columbia;

Priority will be given to individuals who have notified the Board in advance of their desire to provide comment by providing their names and the topics on which they wish to speak to the Office of the General Counsel by noon on the day before the meeting;

Public comments may be limited with respect to the number of speakers permitted. Each speaker shall be limited to three (3) minutes per speaker, and such time may not be given to or traded with other speakers;

The Board shall not discriminate against any speaker on the basis of his or her position on a particular matter;

Speakers must seek recognition by the presiding Board Member by raising a hand or, if meeting virtually, through a hand “emoji”, chat function, or other method appropriate to the format or platform of the virtual meeting. The presiding Board member may decline to recognize any meeting attendee who seeks recognition by shouting out or through similar disruptive means;

Once recognized by the presiding Board member, the speaker shall first state their name, address, and the subject matter upon which they wish to speak, and then proceed with the entirety of their comment(s) and/or question(s); and

Any comments or questions presented may, in the Board’s discretion, be addressed on-the-record during the meeting or after the meeting as appropriate. If comments or questions are answered on-the-record during the meeting, no follow-up comments or questions will be permitted at the meeting absent express permission by the presiding Board member.

102.15 Any member of the public who intends to comment regarding any agenda item or any issue under the jurisdiction of the Board is encouraged to notify the Board in advance of his or her intent to do so, providing his or her name and the topic on which he or she wishes to speak. Such notification may be provided to the Office of the General Counsel. No person shall be prevented from speaking at a Board meeting simply because he or she has not provided advance notice of his or her intent to do so.

102.16 Members of the public who wish to submit items for consideration by the Board shall do so in writing one (1) week in advance. Failure to submit an item in advance as required may, within the Board’s discretion, result in the matter being continued until the next regularly scheduled meeting.

102.17 Meetings may be adjourned from time-to-time. If the time and place of resumption is publicly announced when the adjournment is ordered, no further notice shall be required.

102.18 Any remedy for an allegedly improperly closed meeting or a defect in notice shall be limited to that provided in D.C. Official Code § 2-579.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684, 687 (February 13, 1981); as amended by Final Rulemaking published at 30 DCR 5289, 5290 (October 14, 1983); as amended by Final Rulemaking published at 46 DCR 6976 (August 27, 1999); as amended by Final Rulemaking published at 55 DCR 8795 (August 15, 2008); as amended by Final Rulemaking published at 56 DCR 3937 (May 15, 2009); as amended by Final Rulemaking published at 57 DCR 3263 (April 16, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 63 DCR 11871 (September 30, 2016); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 001923 (February 23, 2024); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 102

3 DCMR § 103 EXECUTIVE SESSIONS

103.1 For the purposes of this chapter, the term "executive session" means a Board meeting where the public, employees of the Board, or any other persons may be excluded.

103.2 The Board may enter into executive session, and discuss any matter upon which it will not vote, make resolutions or rulings, or take action of any kind, including the following:

(a) Personnel matters, including the recruitment, appointment, employment, assignment, promotion, discipline, compensation, removal, or resignation of employees, or other individuals over whom it has jurisdiction;

(b) Employee disciplinary actions;

(d) Confidential proceedings under the Campaign Finance Act;

(e) Quasi-judicial deliberations;

(f) Matters which would result in the disclosure of information specifically exempted from disclosure by statute;

(g) Matters which would result in the disclosure of trade secrets and commercial or financial information;

(h) Matters which would involve a clear and unwarranted invasion of privacy, an accusation of a crime, or formal censure; and

(i) Matters which would result in the disclosure investigatory records compiled for law enforcement purposes.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684, 687 (February 13, 1981); as amended by Final Rulemaking published at 56 DCR 3937 (May 15, 2009); as amended by Final Rulemaking published at 57 DCR 3263 (April 16, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 103

3 DCMR § 104 ORDERS OF THE BOARD

104.1 The Chairperson shall approve or disapprove Board orders in writing with his or her signature, as may be appropriate, provided however that written orders issued in matters heard by a single member shall be signed by that member.

104.2 The Chairperson shall be legally bound to administer a Board order notwithstanding the fact that he or she may have disapproved the order.

104.3 Where a statutory provision requires that the Board act by a certain time and a timely decision is made on the record at a hearing, the Board’s decision shall be deemed to have been made as of the date of such hearing regardless of the time of any subsequent release of the written memorandum opinion and order signed by the Chairperson or, where a matter is heard by a single member of the Board, the release of the written order signed by that member. In all other cases, the date of a Board or single-member decision that is memorialized in writing shall be the date set forth in the written order.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684, 687 (February 13, 1981); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 104

3 DCMR § 105 WRITTEN COMMUNICATIONS

105.1 For the purposes of this chapter, the term "written communications" means letters, memoranda, or other documents, whether formatted in hard copy or electronically.

105.2 All requests for documents, including requests for voter rolls for petition challenge purposes, shall be handled in accordance with procedures set forth in the District of Columbia Freedom of Information Act and Chapter 20 of this title.

105.3 Where a majority of the Board votes to issue a communication, the Chairperson or the Chairperson’s designee may sign the document and issue it on behalf of the Board.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684, 687 (February 13, 1981); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 105

3 DCMR § 108 [REPEALED].

History

SOURCE: Final Rulemaking published at 64 DCR 3791 (April 21, 2017); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 108

3-2 PERSONNEL

3 DCMR § 200 ESTABLISHMENT OF PERSONNEL AUTHORITY

200.1 Pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, as amended (D.C. Official Code §§ 1-601.01 et seq.), the Board of Elections is the personnel authority for its employees, with the exception of employees of the Office of Campaign Finance. The Board is vested with the authority to implement rules for the employees over which it has personnel authority. D.C. Official Code § 1-604.06 (a).

200.2 Except as otherwise provided in this chapter, Board members and all employees, regardless of service classification, shall be governed by personnel regulations issued by the Mayor and codified in Title 6-B of the D.C. Municipal Regulations.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684 (February 13, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7686 (August 20, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11107 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 200

3 DCMR § 201 POLITICAL ACTIVITY OF MEMBERS AND EMPLOYEES

201.1 The purpose of this section is to establish higher standards of conduct for members and employees of the District of Columbia Board of Elections in order to maintain public confidence in the integrity of those persons responsible for the administration of the election laws and the conduct of the electoral process in the District of Columbia. The provisions of this section shall solely govern the political conduct of the members and employees of the Board not classified as election workers. The provisions of this section are not intended to exempt members and employees from the ethics laws and standard of conduct rules imposed on all District of Columbia employees.

201.2 Except as provided in this section, nothing in this chapter shall be construed as prohibiting the members or employees of the Board from doing any of the following:

(a) Exercising the right to vote in any election conducted in the District of Columbia or elsewhere;

(b) Signing any nominating, initiative, referendum or recall petition; or

201.3 No member or employee of the Board shall:

(a) Be a candidate or nominee for any elected office regulated by the Board of Elections;

(b) Hold any office in any political party or political committee; or

(c) Participate in the activities of or contribute to any political committee of any candidate for District office or for or against any ballot measure in the District of Columbia.

201.4 A member or employee of the Board shall not engage in any activity, including attending political dinners, fundraisers, parties, meetings or conferences which would imply support of or opposition to a local candidate or group of candidates for office, as defined in § 9900, a local political party or political committee, or an initiative, referendum, or recall measure to appear on the ballot in the District of Columbia.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684 (February 13, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7686 (August 20, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11107 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 201

3 DCMR § 202 POLITICAL ACTIVITY OF ELECTION WORKERS

202.1 The purpose of this section is to establish higher standards of conduct for election workers of the District of Columbia Board of Elections in order to maintain public confidence in the integrity of those persons responsible for the administration of the election laws and the conduct of the electoral process in the District of Columbia. The provisions of this section shall solely govern the political conduct of election workers and are not intended to exempt election workers from the ethics laws and standard of conduct rules imposed on all District of Columbia employees.

202.2 Election workers shall be governed by the provisions of this section while employed by the Board. An election worker is employed by the Board during any hours that he or she is performing services for the Board.

202.3 No one shall serve as an election worker during an election in which he or she is a candidate or nominee for elected office.

202.4 An election worker shall not:

Hold any office in any political party or political committee; or

Participate in the activities of any candidate or political committee for or against any ballot measure in the election held in the District of Columbia.

202.5 Political activity conducted by an election worker prior to employment will not disqualify that election worker from service.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684 (February 13, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7686 (August 20, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11107 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 202

3 DCMR § 203 [REPEALED].

History

SOURCE: Emergency and Proposed Rulemaking published at 57 DCR 7686 (August 20, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11107 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 203

3 DCMR § 204 UNIVERSAL LEAVE

204.1 The provisions of this section shall apply only to the employees serving in the following positions on or after January 3, 2017:

Executive Director;

General Counsel; and

Director of Campaign Finance (Director).

204.2 For the purpose of this section, the term “qualified employee” or “qualified position” shall mean the Executive Director, General Counsel, or Director.

204.3 For the purpose of this section, the term “participating employee” shall mean any qualified employee who elects to have a universal leave account in lieu of accruing annual and sick leave.

204.4 An employee appointed to serve in an acting or interim capacity as Executive Director, General Counsel, or Director shall not become subject to the provisions of this section. If the acting Executive Director, General Counsel or Director is later hired by the Board to continue in a qualified position, the applicability of this section shall become effective as of the date of hire.

204.5 Each qualified employee may elect to have a universal leave account in lieu of accruing annual and sick leave.

204.6 On the first pay period of the leave year, each participating employee shall have his or her universal leave account credited with two hundred eight (208) hours of universal leave.

204.7 Each full biweekly pay period represents eight (8) hours of accrued universal leave.

204.8 Each participating employee hired after the first pay period of the leave year shall have his or her universal leave account credited with universal leave on a pro rata basis.

204.9 Universal leave shall be used on days on which a participating employee would otherwise work and received pay and shall be exclusive of official holidays and non-workdays established by statute or administrative order.

204.10 There shall be no charge to universal leave for absences of less than two (2) hours.

204.11 A participating employee may carry over not more than forty (40) hours of unused universal leave for use in succeeding years. Any unused universal leave hours in addition to the approved carry-over hours shall be forfeited at the end of the leave year.

204.12 Upon separation, a participating employee shall be paid for any universal leave remaining to his or her credit, less a pro-rated amount representing the portion of the universal leave that would be creditable for the remainder of the year. Payment for leave upon separation shall be at the employee’s rate of pay at the time of separation.

204.13 Each participating employee serving in that role on January 3, 2017 shall have his or her accrued annual leave balance, up to a maximum of two hundred forty (240) hours, transferred to an annual leave escrow account for use at the discretion of the employee until exhausted. The employee shall be given a lump-sum payment for any annual leave in excess of the leave transferred pursuant to this subsection, payable at the rate of pay in effect on the last day of the last pay period of the 2016 leave year.

204.14 Each participating employee appointed without a break in service to any qualified position from another position in the District government after January 3, 2017 shall have his or her accrued annual leave balance, up to a maximum of two hundred forty (240) hours, transferred to an annual leave escrow account for use at the discretion of the employee until exhausted. The employee shall be given a lump-sum payment for any annual leave in excess of the leave transferred pursuant to the subsection, payable at the rate of pay in effect immediately before his or her appointment to a qualified position.

204.15 Upon separation, a participating employee shall be paid for any annual leave remaining in the annual leave escrow account.

204.16 Each participating employee serving in that role on January 3, 2017, or each participating employee appointed without a break in service to any qualified position from another position in the District government after January 3, 2017, shall have his or her accrued sick leave balance transferred to a sick leave escrow account for use at the discretion of the employee until exhausted.

204.17 When a participating employee elects to use leave from either the annual leave escrow account or the sick leave escrow account, such usage shall only be charged for absences of more than two (2) hours.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684 (February 13, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7686 (August 20, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11107 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 204

3-3 ADVISORY OPINIONS OF THE BOARD

3 DCMR § 300 ADVISORY OPINIONS

300.1 In accordance with the provisions of this chapter, any person or entity eligible under § 300.2 may request an advisory opinion from the Board, with respect to any specific transaction or activity, as to whether the transaction or activity would constitute a violation of any provision of the Election Act.

300.2 Any of the following shall be eligible to request an advisory opinion of the Board:

(a) An elected official or a candidate to be an elected official;

(b) Any person or entity required to or who reasonably anticipates being required to submit filings to the Board under the Election Act in connection with any election; or

History

SOURCE: Final Rulemaking published at 28 DCR 2153 (May 15, 1981); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 300

3 DCMR § 301 REQUESTS FOR ADVISORY OPINIONS

301.1 A request for an advisory opinion shall be in writing, signed by the requestor and filed with the General Counsel to the Board of Elections.

301.2 Upon receipt of a request for an advisory opinion that requires, in whole or in part, an interpretation of the Campaign Finance Act or the Fair Elections Act, the General Counsel shall refer the request, or the relevant portion thereof, to the Director of Campaign Finance for interpretative opinion advice.

301.3 A request for an advisory opinion shall contain the following:

(a) The full name, residence address, and telephone number of the requestor; and

(b) A clear and concise statement of the facts relating to the specific transaction or activity which constitute a violation of the law.

History

SOURCE: Final Rulemaking published at 28 DCR 2153 (May 15, 1981); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 301

3 DCMR § 302 PUBLICATION OF REQUESTS FOR ADVISORY OPINIONS

302.1 The Board shall publish a "Notice of Receipt and Intent to Issue an Advisory Opinion" in the D.C. Register within twenty (20) calendar days of the receipt of the request for an advisory opinion.

302.2 The notice shall contain an abbreviated and impartial statement which states the specific activity or transaction which is the subject of the request for the advisory opinion.

302.3 The notice shall not disclose the identity of the person requesting the advisory opinion.

302.4 Except as provided in § 302.5, members of the public shall be invited to submit comments in writing to the Board on each request for a period of fifteen (15) calendar days from the date of publication of the notice in the D.C. Register.

302.5 The Board may waive the advance notice and public comment provisions of this section if it finds that the need for an expedited advisory opinion constitutes an emergency affecting the immediate preservation of the public peace, health, safety, welfare, or morals.

History

SOURCE: Final Rulemaking published at 28 DCR 2153 (May 15, 1981). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 302

3 DCMR § 303 ISSUANCE OF ADVISORY OPINIONS

303.1 The Board shall issue an advisory opinion in response to each request within a reasonable period of time following the elapsed period of time noted for receipt of public comments.

303.2 Within five (5) working days after issuance of the opinion, the Board shall notify the requestor by telephone and shall forward a copy of the advisory opinion by certified mail to the requestor unless the requestor has agreed in writing to service by another means.

History

SOURCE: Final Rulemaking published at 28 DCR 2153 (May 15, 1981); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 303

3 DCMR § 304 PUBLICATION OF ADVISORY OPINIONS

304.1 The Board shall publish each advisory opinion in the D.C. Register within thirty (30) calendar days of the issuance of the opinion.

304.2 The published advisory opinion shall not disclose the identity of the requestor unless the disclosure has been previously consented to in writing by the requestor.

History

SOURCE: Final Rulemaking published at 28 DCR 2153 (May 15, 1981). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 304

3 DCMR § 305 JUDICIAL REVIEW OF ADVISORY OPINIONS

305.1 An advisory opinion shall be deemed to be an order of the Board.

305.2 Provided that application of these advisory opinion procedures would not circumvent the exhaustion requirements otherwise applicable to election law matters and provided that the requestor is adversely affected by the opinion, any judicial review of advisory opinions is subject to the D.C. Administrative Procedure Act (D.C. Official Code § 2-501 et seq.).

History

SOURCE: Final Rulemaking published at 28 DCR 2153 (May 15, 1981); as amended by Final Rulemaking published at 30 DCR 5289 (October 14, 1983); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 305

3-4 HEARINGS

3 DCMR § 400 GENERAL PROVISIONS

400.1 The provisions of this chapter shall govern the procedures of the Board in all cases involving petition challenges; alleged violations of the District of Columbia Election Act, as amended; de novo review of Office of Campaign Finance findings of violations of the Campaign Finance Act of 2011, as amended; alleged violations of Title III of the Help America Vote Act of 2002; petitions requesting the promulgation, amendment, or repeal of any regulation of the Board; or any other matter requiring the receipt of evidence and testimony in a contested case, complaint, or petition.

400.2 In any conflict within this chapter between general and specific provisions, the specific provisions shall govern.

400.3 In any conflict between this chapter and the D.C. Administrative Procedure Act, D.C. Official Code §§ 2-501 et seq. (2016 Repl.) the D.C. Administrative Procedure Act shall govern.

400.4 The General Counsel of the Board shall, following approval by the Board, issue and revise complaint and petition forms and instructions to ensure presentation of adequate information required for the understanding and processing of complaints and petitions.

400.5 The Board may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Board, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.

400.6 The Board has the discretion to hear any case brought before it under the District of Columbia Election Act or the Campaign Finance Act of 2011 by a one-member panel, pursuant to D.C. Official Code § 1-1001.05(g) (2016 Repl.).

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 50 DCR 11071 (December 26, 2003); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 400

3 DCMR § 401 COMPUTATION OF TIME

401.1 In computing any period of time prescribed or allowed by these rules or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

401.2 The last day of the computed period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.

401.3 When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation unless an applicable statute expressly provides otherwise.

401.4 Subsection 401.3 of this section does not apply to proceedings pursuant to D.C. Official Code § 1-1001.08(o) (2006 Repl.).

401.5 For the purposes of this chapter, "legal holiday" includes the following:

(a) New Year’s Day;

(b) Martin Luther King’s Birthday;

(d) Memorial Day;

(e) D.C. Emancipation Day;

(f) Memorial Day;

(g) Juneteenth National Independence Day;

(h) Independence Day (4th of July);

(i) Labor Day;

(j) Indigenous People Day;

(k) Veterans Day;

(l) Thanksgiving Day;

(m) Christmas Day; and

(n) Any other day designated a holiday by the President of the United States or the District of Columbia government.

401.6 [RESERVED]

401.7 When an act is required or allowed to be done at or within a specified time, the Board for cause shown may at any time in its discretion, do either of the following:

(a) With or without motion or notice, order the period enlarged, if a request for enlargement of time is made before the expiration of the period originally prescribed or as extended by a previous order; or

(b) Upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 401

3 DCMR § 402 NOTICE OF HEARINGS

402.1 The parties shall be given sufficient opportunity to prepare for the hearing.

402.2 The Board’s Office of General Counsel shall send a notice of hearing to the party or parties involved which shall:

(a) Provide the time, date, and location of the hearing;

(b) Reference applicable statutes, rules, or regulations;

(d) Advise the party or parties that they may be represented by counsel or other representative of their choosing; and

(e) Advise the party or parties that they may bring witnesses.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 56 DCR 4738 (June 19, 2009); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 402

3 DCMR § 403 APPEARANCES AND REPRESENTATION

403.1 In a proceeding before the Board, any person or party may appear on his or her own behalf.

403.2 Any person or party may be represented by any other person duly authorized in writing to do so.

403.3 The authorization shall state specifically that the authorization includes the power of the agent or representative to bind the person in the case before the Board.

403.4 If any person or party waives the right to be present at the hearing or fails to appear at the hearing, the Board may proceed ex parte, unless the Board extends the time of the hearing or unless their appearance is required by statute.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 403

3 DCMR § 404 SERVICE OF PAPERS

404.1 Any paper required to be served upon a party shall be served upon him or her or upon the representative designated by him or her or by law to receive service of papers.

404.2 When a party has appeared through an attorney or agent, service shall be made upon the attorney or agent of record.

404.3 Service may be made by personal delivery, by mail, by email, or as otherwise authorized by law.

404.4 Where there are numerous parties to a proceeding, the Board may make special provisions regarding the service of papers.

404.5 Service upon a party shall be completed, as follows:

(a) By personal delivery, on handing the paper to the person to be served, or leaving it at his or her office with his or her clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, by leaving it at his or her usual place of residence with some person of suitable age and discretion then residing in that place;

(b) By email to an email address for counsel of record or at which the party to be served has consented in writing to receive electronic communications;

(d) Upon being served in the specific manner prescribed by an order of the Board made in any proceeding.

404.6 Proof of service, stating the name and physical address or email address of the person on whom service was made and the manner and date of service, shall be shown for each pleading or evidentiary document intended for entry in a case.

404.7 Proof of service may be made by any of the following means:

(a) Written acknowledgment of the party served or his or her attorney of record;

(b) The certificate of the attorney of record if he or she has made the service; or

404.8 Pleadings and other papers (“submissions”) shall be deemed filed in the Board’s administrative record in a contested case or other particular matter if:

The submission is delivered electronically to and received at an active email address for the Board’s General Counsel or delivered physically to the Board’s offices to the attention of Board’s General Counsel; and

The submission is formally captioned as a pleading; it is submitted in accordance with a Board order or Office of General Counsel guidance issued with respect to a specific contested case or other particular matter; is on a Board form made available for the purpose of initiating or making a filing in a contested case or other particular matter; or otherwise sufficiently places the Board and Office of General Counsel on notice that the offering party or individual seeks to file the submission in a contested case or other particular matter.

If a party or individual seeks affirmative action by the Board in a contested case or other particular matter, the submission must also sufficiently place the Board on notice of the relief sought. Except where the Board has delegated authority to act, communications addressed to Board’s staff only shall not be deemed to be directed at the Board, will be insufficient to trigger Board action, and shall not be filed, in any contested case or other particular matter.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 404

3 DCMR § 405 HEARING TRANSCRIPTS

405.1 The hearing shall be reported under the supervision of the Chairperson, stenographically or by other means, by an official reporter who may be designated from time-to-time by the Board or who may be a regular employee of the Board.

405.2 The transcript prepared under this section shall be the official transcript of the hearing.

405.3 Transcripts shall be available as provided in Section 102.9.

405.4 Changes in the official transcript may be made only when they involve errors affecting substance and upon the filing of a motion to correct a transcript with the Board. Copies of the motion to correct a transcript shall be served simultaneously on all opposing parties or legal representatives.

405.5 Objections to the motion to correct a transcript shall be filed with the Board within five (5) days and served upon the parties.

405.6 The transcript may be amended by the Board at a subsequent hearing to reflect any corrections.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 56 DCR 4738 (June 19, 2009); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 405

3 DCMR § 406 [REPEALED].

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 56 DCR 4738 (June 19, 2009); as amended by Final Rulemaking published at 63 DCR 11871 (September 30, 2016); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 406

3 DCMR § 407 EVIDENCE

407.1 Evidence shall be taken in conformity with D.C. Official Code § 2-509(b) (2006 Repl.).

407.2 The Board may permit rebuttal evidence.

407.3 Any party objecting to the admissibility of evidence shall state the grounds of the objection(s) relied upon.

407.4 Any offer of proof made in connection with an objection taken to any ruling of the Board which rejects or excludes proffered oral testimony shall consist of a statement for the record of the substance of the evidence which the person contends would be adduced by the testimony.

407.5 If excluded evidence consists of documentary evidence, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

407.6 The Board, in its discretion, may permit the withdrawal of original documents offered and received in evidence and substitute certified copies in place of the originals.

407.7 When relevant and material matters offered in evidence are embraced in a book, paper or document containing other matters, not material or relevant, the persons offering the same shall plainly designate the matter so offered, and the immaterial or irrelevant parts shall be excluded and shall be segregated insofar as practicable.

407.8 No document or other writing shall be accepted for the record after the close of the hearing, except with the consent of the Board after due notice to the opposing parties and only when the receipt of the document will not unfairly affect the interest of a party.

407.9 In a contested case conducted under § 423, witnesses may be examined or cross-examined by the Board, the complainant, respondent, or any party so determined by the Board pursuant to this chapter.

407.10 In a rulemaking case conducted under § 422, witnesses may be examined only by the Board.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 407

3 DCMR § 408 COMMENCEMENT OF ACTION

408.1 An action before the Board shall be commenced by the filing of a written complaint which shall be signed and sworn by the complainant and notarized.

408.2 Challenges to registrant’s qualifications, candidate’s qualification, petitions nominating candidates to an elected office or qualifying initiative, referendum, or recall measures shall be construed as an action before the Board and shall also be captioned "complaint."

408.3 Challenges to the Board’s formulation of the summary statement and short title of a proposed Charter amendment shall be construed as an action before the Board and shall also be captioned "complaint."

408.4 The parties to a contested case proceeding before the Board shall be the following:

(a) Complainant - one who initiates an action for relief or to enforce a law, rule, or regulation under the jurisdiction of the Board; and

(b) Respondent - the person against whom action or relief is sought, or the person who opposes the charge or prayer of the complaint because he or she has an interest in the subject of the complaint, such as candidate(s) named in a nominating petition; the proponent(s) of an initiative, referendum, or recall petition; a qualified, registered elector who seeks review of a Board formulation of the summary statement and short title of a proposed charter amendment; and the circulator(s) or signer(s) of a petition.

408.5 The Board may designate any other individual or group as an "intervenor," either upon its own initiative or motion filed pursuant to § 414.

408.6 The Board may consolidate complaints alleging violations of Title III of the Help America Vote Act of 2002 if they relate to the same actions or events or raise common questions of law or fact.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 50 DCR 11071 (December 26, 2003). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 408

3 DCMR § 409 REFERRALS AND REPORTS

409.1 Complaints charging conduct or activity by any public official, as defined in D.C. Official Code § l-1106.01(i)(l) (2006 Repl.), which is prohibited by or in violation of the Campaign Finance Act, as amended, shall be filed with the Board or the Director of Campaign Finance.

409.2 Upon the filing of a complaint, the Board shall immediately cause a true copy of the complaint to be made and served upon the respondent.

409.3 Upon the filing of a complaint alleging violation of the conflict of interest or financial disclosure laws, the Board shall promptly forward a copy of the complaint to the Director of Campaign Finance for investigation and the preparation of a report and recommendations or disposition in accordance with the provisions of Chapter 35 of this title.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 409

3 DCMR § 410 GENERAL RULES OF PLEADING

410.1 There shall be the following pleadings in Board proceedings:

(a) A complaint, to which there may be a response;

(b) A reply to a counter claim denominated as such;

(d) A third party answer, if a third party complaint is served.

410.2 A pleading which sets forth a violation of a provision of law shall contain the following:

(a) A short and plain statement of the grounds upon which the Board’s jurisdiction depends;

(b) The full names, residence addresses, and telephone numbers of the complainant and the respondent; and

410.3 A pleading which sets forth a challenge to a nominating petition, initiative, referendum, or recall petition shall contain the following:

(a) A short and plain statement of the grounds upon which the Board’s jurisdiction depends;

(b) The full names, residence addresses, and telephone numbers of the complainant and respondent candidate, or the short title and serial number of the challenged initiative, referendum, or recall measure;

(c) The name(s), if legible, sheet and line number(s) of any challenged signature(s) and the basis for the challenge(s); and

(d) A clear and concise statement of any other facts which are alleged to constitute a petition defect.

410.4 A pleading which sets forth a challenge to the qualification of a candidate, or registered voter shall contain the following:

(a) A short and plain statement of the grounds upon which the Board’s jurisdiction depends;

(b) The full names, residence address, and telephone number of the complainant and respondent candidate or registrant; and

410.5 A party shall state in short and plain terms his or her defenses to each charge or challenge asserted and shall admit or deny the averments upon which the adverse party relies.

410.6 Each allegation of a pleading shall be simple, concise, and direct.

410.7 If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, he or she shall so state. This statement shall have the effect of a denial.

410.8 When a party intends in good faith to deny only a part or a qualification of an allegation, he or she shall specify so much of the allegation as is true and shall deny only the remainder.

410.9 A party may, unless he or she intends in good faith to controvert all the allegations of a pleading, deny as specific denials of designated allegations or paragraphs, or the party may generally deny all the allegations except the designated allegations or paragraphs as the party expressly admits.

410.10 When a party intends to controvert all the allegations of the preceding pleading, including allegations of the grounds upon which the Board’s jurisdiction depends, the party may do so by general denial.

410.11 No technical forms of pleadings or motions shall be required.

410.12 A party may set forth two (2) or more statements of a charge, challenge, or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 410

3 DCMR § 411 SIGNING OF PLEADINGS

411.1 Each pleading of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, and the attorney’s address, email address, and telephone number shall be stated.

411.2 A party who is not represented by an attorney shall sign each pleading and state his or her address, email address, and telephone number.

411.3 An electronic filing may be signed either typographically, in the format “s/attorney’s name,” or by means of a scanned handwritten signature. Except when otherwise specifically provided by this title or statute, pleadings need not be verified or accompanied by affidavit.

411.4 The signature of an attorney shall constitute a certificate by that attorney that he or she has read the pleading; that to the best of his or her knowledge, information, and belief there are grounds to support it; and that it is not interposed for delay.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 411

3 DCMR § 412 DEFENSES AND OBJECTIONS

412.1 A respondent shall serve his or her answer upon the Board and other parties within thirty (30) days after the service of the complaint upon him or her, except as provided in § 412.2.

412.2 In petition challenge cases, a respondent shall serve his or her responsive pleadings upon the Board and at the same time upon the challenger within three (3) days after service of a copy of the challenge (complaint) upon him or her.

412.3 No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

412.4 A motion making any of the defenses set forth in § 412.5 may be made before pleading, if a further pleading is permitted.

412.5 Each defense, in law or fact, to a charge of a violation in any pleading, shall be asserted in the responsive pleading, if one is required, except that the following defenses, at the option of the pleader, may be made by Motion to Dismiss:

(a) Lack of jurisdiction over the subject matter;

Lack of jurisdiction over the person;

(d) Insufficiency of service of process;

(e) Failure to state a claim upon which relief can be granted; or

(f) Lack of standing.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 412

3 DCMR § 413 AMENDED PLEADINGS

413.1 Except as provided otherwise in this section, a party may amend his or her pleading only by leave of the Board or by written consent of the adverse party.

413.2 A party may amend his or her pleading as a matter of course at any time before a responsive pleading is served.

413.3 In all cases except petition challenge cases, if the pleading is one to which no responsive pleading is permitted and the action has not been scheduled for a hearing before the Board, a party may amend it at any time within twenty (20) days after it is served.

413.4 In a petition challenge case, if the pleading is one to which no responsive pleading is permitted and the action has not been scheduled before the Board, a party may amend it at any time within two (2) days after it is served, provided however that amendments filed after the close of the challenge period cannot expand the basis of any timely filed challenge.

413.5 In all cases except petition challenge cases, a party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten (10) days after service of the amended pleading, whichever period is longer, unless the Board otherwise orders.

413.6 In a petition challenge case, a party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within two (2) days after service of the amended pleading, whichever period is longer, unless the Board otherwise orders, provided however that amendments filed after the close of the challenge period cannot expand the basis of any timely filed challenge.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 413

3 DCMR § 414 INTERVENTION

414.1 Upon timely application, a person may be permitted to intervene in an action before the Board in the following circumstances:

(a) When the applicant claims an interest relating to the transaction which is the subject of the action and he or she is so situated that the disposition of the action may as a practical matter impair or impede his or her ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties;

(b) When the applicant’s claim or defense has a common question of law or fact with the pleadings; or

(c) In the case of a challenge to a summary statement and short title of a proposed Charter amendment, any person or group may intervene in the proceeding to respond to allegations made in the complaint, or to initiate their own challenge to the Board’s summary statement and short title.

414.2 When a party to an action relies upon a claim or defense based upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the Board may permit the officer or agency, upon timely application, to intervene in the action.

414.3 Intervention will not be permitted where to do so would allow circumvention of statutory time limits for challenging a matter or would allow circumvention of limits on qualifying as a party entitled to seek judicial review. The Board, in exercising its discretion, shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

414.4 A person desiring to intervene shall serve a motion to intervene upon the parties in the manner provided in § 404.

414.5 A motion to intervene shall state the grounds for intervention and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 414

3 DCMR § 415 PRE-HEARING CONFERENCES

415.1 In any action, the Board’s General Counsel may request that the parties appear for a pre-hearing conference to consider the following:

Simplification of the issues;

(b) The necessity or desirability of amendments to the pleadings;

(d) Limitation of the number of witnesses; and

(e) Other matters which may aid in the disposition of the action.

415.2 If a party or a party’s representative fails to appear, the pre-hearing conference may proceed in their absence.

3 The Board may enter an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered which limit the issues for hearing, to those issues not disposed of by admissions or agreements of counsel or parties. The order, when entered, shall control the subsequent course of the action.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 415

3 DCMR § 416 STIPULATIONS

416.1 Apart from stipulations reached during or as a result of the pre-hearing conference, the parties may stipulate in writing at any stage in the proceeding or orally during the hearing any relevant fact or the contents or authenticity of any document.

416.2 Post-conference stipulations may be received as evidence.

416.3 Parties may also stipulate the procedure to be followed in the proceeding and such stipulation may, on motion of all parties, be approved by the Board and govern the conduct of the proceeding.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 416

3 DCMR § 417 CONTINUANCES

417.1 A hearing scheduled to be conducted before the Board shall not be delayed by a continuance unless a motion for the continuance is made not less than five (5) days before the scheduled hearing date, except as provided in § 417.2 for petition challenge cases.

417.2 In petition challenge cases, a motion for continuance shall be made not less than forty-eight (48) hours before the scheduled hearing date.

417.3 A continuance shall not be granted unless the motion for continuance, in the Board’s opinion, sets forth good and sufficient cause for the continuance.

417.4 A continuance shall not be granted where the requested hearing date would extend beyond the statutorily mandated deadline for Board adjudication.

417.5 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel shall not be regarded as sufficient cause for continuance unless set forth in a motion filed promptly after notice of the hearing has been given; Provided, that under no circumstances shall a continuance be granted which would extend a proceeding beyond a statutorily mandated deadline.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 417

3 DCMR § 418 NONAPPEARANCE OF PARTIES-DEFAULTS

418.1 The Board may wait a reasonable length of time for a party to appear before beginning a proceeding. After a reasonable time, however, if a party who has received notice has not appeared, the Chairperson may proceed as follows:

(a) The Chairman may adjourn the case without taking testimony; provided, that there is no inconvenience to the party who appeared and no objection to an adjournment; or

(b) If the default appears deliberate, the Chairperson may proceed with the hearing, obtain the testimony of those persons present, and, on the basis of the testimony and the record, issue a decision in the case.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 418

3 DCMR § 419 HEARING PROCEDURES: GENERAL

419.1 The Chairperson shall have the authority to do the following:

(a) Regulate the course of the hearing;

(b) Rule upon offers of proof and receive relevant evidence;

(d) Dispose of procedural requests or similar matters, including motions to amend and to order hearings reopened;

(e) Rule upon motions to consolidate applications for hearing;

(f) Call, qualify, and examine witnesses;

(g) Introduce into the record documentary or other evidence;

(h) Request any party or person at any time during the hearing to state his or her respective position concerning any issues in the proceeding and theory in support of that position;

(i) Adjourn a hearing and establish the date when the hearing will be continued;

(j) Close a hearing;

(k) Rule upon the qualifications of witnesses offered as experts;

(l) Establish reasonable time limits for witnesses, and fairly allocate time among the parties and others;

(m) Exclude unduly repetitious or immaterial or irrelevant testimony, and permit a witness to adopt the prior testimony of another witness; and

(n) Take any other action authorized by this title or that are necessary pursuant to this chapter.

419.2 Witnesses before the Board shall be examined orally, under oath or affirmation, and any member of the Board may question any witness at any time during or after examination or cross-examination.

419.3 The Board shall make available as witnesses for parties any current employees of the Board.

419.4 At the conclusion of the oral hearings, the Board may require the parties to submit written statements of their positions.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 419

3 DCMR § 420 SPECIAL CONSIDERATIONS

420.1 The Fifth Amendment privilege against self-incrimination is applicable to hearings before the Board.

420.2 Where the Board is aware of a risk of self-incrimination, the Board shall on the record inform witnesses of their right to assert this privilege.

420.3 Where the Board is aware of a risk of self-incrimination, the Board shall warn witnesses that failure to assert this protection waives it.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 420

3 DCMR § 421 INTERPRETERS AND OTHER ASSISTANCE

421.1 The Board shall post information on arranging interpreters and other assistance with attending and presenting at hearings on its website.

421.2 An oath or affirmation shall be administered to any interpreter orally or in writing.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 421

3 DCMR § 422 RULEMAKING HEARINGS

422.1 The rules of procedure set forth in this section shall apply to rulemaking proceedings.

422.2 Any person may appear at a hearing in a rulemaking proceeding, and may present, within the time limits determined by the Board, evidence, testimony, or argument that is relevant and not unduly repetitious.

422.3 No person shall have the standing of a party in a rulemaking proceeding.

422.4 The order of procedure at the hearing shall be as follows:

(a) Call to order and opening statement by the Chairperson;

(b) Introductory statement by the Executive Director, General Counsel, or other staff designated by the Board;

(d) Applicant’s or petitioner’s case;

(e) Persons in support of the application or petition; and

(f) Persons in opposition to the application or petition.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 422

3 DCMR § 423 CONTESTED CASE HEARING

423.1 The rules of procedure set forth in this section shall apply to the contested case hearings.

423.2 All parties have the right to produce evidence and witnesses on their behalf and to rebut or explain testimony or evidence against them.

423.3 All parties have the right to cross-examine other parties and witnesses and to offer argument or explanation in support of their positions or contentions.

423.4 A party may cross-examine any other party or person, except the Board; provided, that the Chairperson may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious.

423.5 In all cases involving violations of the Campaign Finance Reform and Conflict of Interest Act, the Office of Campaign Finance has the burden of proving a violation with reliable, probative and substantial evidence.

423.6 Witnesses shall be examined and cross-examined orally under oath or affirmation.

423.7 Evidence shall be taken in conformity with D.C. Official Code § 2-509(b) (2006 Repl.).

423.8 There shall be substantial evidence adequate to support pertinent and necessary findings of fact.

423.9 The order of procedure for presenting evidence at the hearing shall be as follows:

(a) Call to order and opening statement by the Chairperson;

(b) Introductory statement by Board’s staff;

(d) The complainant’s or agency’s case;

(e) The respondent’s case;

(f) The intervenor's case, if any; and

(g) Rebuttal by complainant or agency.

423.10 If there is more than one party within any category, the parties within the category shall stipulate their order of presentation. If the parties are unable to agree, the Board shall set the order.

423.11 In a contested case proceeding under this chapter, no decision or order of the Board on a complaint or petition shall be made except upon the exclusive record of the proceedings before the Board.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 423

3 DCMR § 424 BURDEN OF PROOF

424.1 Except where the matter consists of the Board’s de novo review of an Office of Campaign Finance violation finding under § 423.5, the party who asserts the claim generally bears the affirmative duty of establishing the truth of the assertion.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 424

3 DCMR § 425 CLOSING THE RECORD

425.1 The record shall be closed at the end of the public hearing, except that the record may be kept open for a stated period for the receipt of specific exhibits, information, or legal briefs, as directed by the Board.

425.2 In a contested case proceeding conducted pursuant to § 423, the Board may allow the parties to a case an opportunity to file written responses to any exhibits, information, or briefs submitted after the close of the hearing.

425.3 In a rulemaking proceeding conducted pursuant to § 422, the Board may allow persons an opportunity to file written responses to any exhibits, information, or briefs submitted within the period designated by the Board.

425.4 The Board reserves the right to reopen the record at any time prior to the issuance of a final decision. In a proceeding, pursuant to § 423, a notice of reopening the record shall be served upon all parties to the proceeding.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 425

3 DCMR § 426 POST-HEARING PROCEDURES: GENERAL

426.1 Prior to filing the final decision, the Board may, on its own motion, reopen the record and require further hearing on designated issues before the Board.

426.2 Notice of a further hearing along with a designation of issues shall be forwarded to any party who participated in the earlier proceedings, or his or her legal representative. Notice shall be given at least fourteen (14) days prior to the date set for further hearing.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 426

3 DCMR § 427 PROPOSED FINDINGS

427.1 In a contested case proceeding, pursuant to § 423, the Board may request parties to submit proposed findings of fact and conclusions of law for the consideration of the Board within the time as the Chairperson may direct.

427.2 Copies of proposed findings and conclusions shall be served by each party upon all other parties.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 427

3 DCMR § 428 FINAL DECISION

428.1 Within a reasonable time after the conclusion of the hearing and the closing of the record, the Board shall render its decision. A member absent at the decision vote may cast an absentee vote only if the member attended all of the hearings on the complaint or petition. A member attending the decision vote and having read the transcript and reviewed the complete record may vote even though that member may not have attended any or all of the prior meetings or hearings on the complaint or petition.

428.2 The Board’s decision shall be memorialized by a written memorandum opinion and/or order setting forth findings of fact and conclusions of law and giving the reasons for the decision and ordering appropriate action, if necessary.

428.3 The conclusions or opinion in the decision shall be governed by and based upon all the evidence adduced at the hearing.

428.4 A decision shall be supported by substantial evidence on the record. Pursuant to the substantial evidence rule, courts will uphold an administrative determination of fact if on the entire record the determination is rationally supportable and could have been arrived at reasonably.

428.5 The decision shall be served promptly on all parties or their representatives. The date of the written decision shall commence any period for seeking judicial review unless the statute prescribes a deadline for Board action; in which case, the presiding Board member may specify at the time that the decision is announced that the appeal period shall commence upon such announcement.

428.6 If the Board determines that there is a violation of any provision of Title III of the Help America Vote Act of 2002, the Board shall provide the appropriate remedy.

428.7 If the Board determines that there is no violation of Title III of the Help America Vote Act of 2002, the Board shall dismiss the complaint and publish the results of the hearing on the Board’s website.

428.8 The Board shall render final determinations with respect to complaints alleging violations of Title III of the Help America Vote Act of 2002 prior to the expiration of the ninety (90)-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination. If the Board fails to make a timely determination, the complaint shall be resolved within sixty (60) days under alternative dispute resolution procedures established pursuant to Section 432 of this chapter. The record and other materials from any proceedings conducted under standard Board complaint procedures shall be made available for use under the alternative dispute resolution procedures.

History

SOURCE: Final Rulemaking published at 50 DCR 11071 (December 26, 2003); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 428

3 DCMR § 429 RECONSIDERATION

429.1 A motion for reconsideration, rehearing, or re-argument of a final decision in a contested case proceeding pursuant to § 423 may be filed by a party within ten (10) days of the order having become final. The motion shall be served upon all other parties. The Board shall not receive or consider any motion for reconsideration, rehearing, or re-argument of a final decision in a contested case proceeding that is filed prior to the order having become final.

429.2 A motion for reconsideration, rehearing, or re-argument shall state specifically the respects in which the final decision is claimed to be erroneous, the grounds of the motion, and the relief sought.

429.3 Within seven (7) days after a motion has been filed and served, any other party may file an answer in opposition to or in support of the motion.

429.4 Neither the filing nor the granting of the motion shall stay a decision unless the Board orders otherwise.

429.5 A motion for reconsideration, rehearing, or re-argument shall not be a prerequisite to judicial review and, where the statute requires the Board to act within a specified time, shall not extend otherwise timely Board action.

History

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 429

3 DCMR § 430 SUBPOENAS AND DEPOSITIONS

430.1 The Board may require by subpoena the attendance and testimony of witnesses and the production of documentary evidence.

430.2 Each subpoena issued by the Board shall include the following:

(a) The name of the respondent;

(b) The title of the action;

(d) A command to the person to whom it is directed to attend and give testimony at a time and place specified in the subpoena; and/or

(e) A command to the person to whom it is directed to produce and permit inspection and copying of the books, papers, documents, or tangible things designated in the subpoena.

430.3 Any party may upon a written motion request the Board to subpoena particular persons or evidence; provided that the subpoena shall not be obtained as a matter of right.

430.4 A request for subpoena shall state the relevancy, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, the identification of all documents desired and the facts to be proven by them in sufficient detail to indicate materiality and relevancy.

430.5 Any person to whom a subpoena is directed may, prior to the time specified in the subpoena for compliance, request the Board to quash or modify the subpoena.

430.6 Any application to quash a subpoena shall be accompanied by a brief statement of the reasons supporting the motion to quash.

430.7 The Board may quash or modify the subpoena upon a showing of good cause.

430.8 Upon written notice the Board may order testimony to be taken by deposition, before any person who is designated by the Board, in any proceeding and administer oaths.

History

SOURCE: Final Rulemaking published at 45 DCR 7349 (October 9, 1998); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 430

3 DCMR § 431 SERVICE OF SUBPOENA AND NOTICE OF DEPOSITION

431.1 A subpoena or a notice of a deposition shall be served by a non-party at least 18 years of age upon a person by delivering a copy of the subpoena or notice to the named person, pursuant to this section.

431.2 If a person is represented in a proceeding by counsel, a subpoena or a notice may be served upon the person’s counsel.

431.3 Service of a subpoena or a notice of deposition and fees to an individual may be made by any of the following means:

(a) Handing the subpoena or notice to the person;

(b) Leaving the subpoena or notice at the person’s office with the person in charge of the office;

(c) Leaving the subpoena or notice at the person’s dwelling place or usual place of abode with some person of suitable age and discretion then residing in that dwelling place or abode;

(d) Mailing the subpoena or notice by registered or certified mail to the person at the person’s last known address; or

(e) Any other method whereby actual notice is given to the person.

431.4 When the person to be served is not an individual, a copy of the subpoena or notice of the deposition and fees shall be delivered by one (1) of the following ways:

(a) Handing the subpoena or notice to a registered agent for service;

(b) Handing the subpoena or notice to any officer, director or agent in charge of any office of that person;

(c) Mailing the subpoena or notice by registered or certified mail to the representative at his or her last known address; or

(d) Any method whereby actual notice is given to that representative.

431.5 The Board may, upon the failure by any person to obey a subpoena served upon that person apply to the D.C. Superior Court for an order requiring the person to appear before the Board to give testimony, produce evidence or both. If a person fails to obey the order without an adequate excuse, the Board may apply for an order that the person be held on contempt by the court.

History

SOURCE: Final Rulemaking published at 45 DCR 7349 (October 9, 1998); as amended by Final Rulemaking published at 50 DCR 11071 (December 26, 2003); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 431

3 DCMR § 432 ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR HELP AMERICA VOTE ACT COMPLAINTS

432.1 On or before the 5th business day after a final Board determination with respect to a Help America Vote Act Title III complaint is due, the respondent shall designate, in a writing to the complainant, the name of an arbitrator to serve on a panel to resolve the complaint.

432.2 Within 3 business days after the complainant receives the designation of an arbitrator, the complainant shall designate, in a writing to the respondent, the name of a second arbitrator.

432.3 Within 3 business days after the complainant's designation of a second arbitrator, the two arbitrators designated shall select a third arbitrator to complete the panel.

432.4 The arbitration panel may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but may not receive additional testimony or evidence. In exceptional cases, however, the panel may request that the parties present additional briefs or memoranda.

432.5 The arbitrators shall determine the appropriate resolution of the complaint by a majority vote, and issue a written resolution within 60 days after the final Board determination was due under Subsection 428.8 of this chapter. The 60-day period may not be extended.

432.6 The final resolution of the panel shall be published on the Board's website, and mailed to the complainant, each respondent, and any other interested person who has asked in writing to be advised of the final resolution.

432.7 The final resolution of the arbitration panel is the final resolution of the complaint.

History

SOURCE: Final Rulemaking published at 50 DCR 11071 (December 26, 2003). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 432

3 DCMR § 433 APPEALING DECISIONS FROM ONE-MEMBER PANELS

433.1 Unless otherwise specified in this title, any appeal of the decision of a one (1)-member panel to the full Board, as provided in D.C. Official Code § 1-1001.05(g) (2011 Repl.) must be made by the adversely affected party within the same time period as any appeal of a final Board Decision to the D.C. Superior Court or the D.C. Court of Appeals.

433.2 Any decision of a one (1)-member panel, if not appealed in a timely manner, becomes a final decision of the Board.

433.3 The Board may, by a majority, dismiss a request for an appeal of a one (1)-member panel. If an appeal request is dismissed, the decision of a one-member panel becomes a final decision of the Board.

History

SOURCE: Final Rulemaking published at 59 DCR 4773 (May 11, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 433

3-5 VOTER REGISTRATION

3 DCMR § 500 GENERAL REQUIREMENTS FOR REGISTRATION

500.1 No person shall be registered to vote in the District of Columbia unless he or she:

(a) Is a qualified elector as defined by D.C. Official Code § 1-1001.02(2) (2016 Repl.); and

(b) He or she executes a voter registration application by signature or mark on a form approved in this chapter attesting that he or she meets the requirements as a qualified elector, and the Board approves the registration application.

500.2 A person is a “qualified elector” if they:

(a) For a primary election, are at least seventeen (17) years of age and will be eighteen (18) on or before the next general election, or for a general or special election, are at least eighteen (18) years of age on or before the date of the general or special election;

(b) Are a citizen of the United States, except that this provision shall not apply in elections for the offices of Mayor, Members of the Council, Attorney General, Members of the State Board of Education, or Advisory Neighborhood Commissioners, or for elections on any ballot questions;

(d) Have maintained a residence in the District for at least thirty (30) days preceding the next election and do not claim voting residence or the right to vote in any state, territory, or country; and

(e) Have not been adjudged legally incompetent to vote by a court of competent jurisdiction.

500.3 [REPEALED].

500.4 A person who is otherwise a qualified elector may pre-register on or after his or her sixteenth (16th) birthday, but he or she shall not vote in any primary election unless he or she is at least seventeen (17) years of age and will be eighteen (18) on or before the next general election or in any general or special election unless he or she is at least eighteen (18) years of age on or before the date of the general or special election.

History

SOURCE: Final Rulemaking published at 43 DCR 1078-80 (March 1, 1996); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 56 DCR 4738, 4739 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111 (November 26, 2010); as amended Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 64 DCR 2530 (March 10, 2017); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 14502 (December 11, 2020); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 001923 (February 23, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 500

3 DCMR § 501 QUALIFIED UNIFORMED SERVICES AND OVERSEAS VOTERS

501.1 A person shall qualify as a uniformed services or overseas voter in elections conducted in the District of Columbia if he or she is:

(a) A uniformed services voter or an overseas voter who is registered to vote in the District;

(b) A uniformed services voter whose voting residence is in the District and who otherwise satisfies the District’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, was last eligible to vote in the District and, except for a District residence requirement, otherwise satisfies the District’s voter eligibility requirements;

(d) An overseas voter who, before leaving the United States, would have been last eligible to vote in the District had the voter then been of voting age, and except for a District residency requirement, otherwise satisfies the District’s voter eligibility requirements; or

(e) An overseas voter who is not described in paragraphs (c) or (d) and, except for a District residency requirement, otherwise satisfies the District’s voter eligibility requirements, if:

(1) The District is the last place where a parent or legal guardian of the voter was or would have been eligible to vote before leaving the United States; and

(2) The voter has not previously registered to vote in any other state.

501.2 A uniformed services voter is an individual who is qualified to vote and is:

(a) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard who is on active duty;

(b) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

(d) A spouse or dependent of an individual described in paragraphs (a) – (c).

501.3 An overseas voter is a United States citizen who is outside the United States.

501.4 Qualified uniformed services and overseas voters shall inform the Board of their status as such by:

(a) The use of a Federal Post Card Application (FPCA) or a Federal Write-In Ballot (FWAB);

(b) The use of an overseas address on an approved voter registration application or ballot application; or

(c) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a qualified uniformed services or overseas voter.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11114 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 501

3 DCMR § 502 [REPEALED].

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11114 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 502

3 DCMR § 503 REGISTRATION APPLICATION FORMS AND REQUIREMENTS

503.1 A qualified elector may apply to register to vote, or make subsequent updates to his or her voter registration information, with any of the following Board-approved forms. Any of the following registration forms may be submitted in-person at the Board’s office or designated voter registration agency, by mail, or electronically:

(a) The Board’s Voter Registration Application (in printed format or digital application);

(b) The National Voter Registration Application (or such nationally recognized form approved by the Election Assistance Commission);

(c) A Department of Motor Vehicles (DMV)-issued driver’s license or non-driver’s identification card application where the applicant does not decline to register to vote or update his or her voter registration information; or

(d) For qualified military and overseas voters, a Federal Post Card Application (FPCA) or the declaration accompanying a Federal Write-In Absentee Ballot (FWAB declaration).

503.2 The Board’s official Voter Registration Application shall not be considered valid if altered in any way for use by another individual, governmental agency, or organization for the purpose of registering electors in the District of Columbia.

503.3 An applicant shall provide the following information on any voter registration application or voter registration update notification:

(a) Applicant’s complete name;

(b) Applicant’s current and fixed residence address in the District, provided that an unhoused applicant may provide the address that appears on a DMV-issued non-driver’s identification card that has been issued to the applicant where the DMV has authorized the use of a certified social service provider’s address for purpose of non-driver identification card issuance;

(d) Applicant’s original signature; and

(e) Applicant’s DMV-issued identification number in the case of an applicant who has been issued a current and valid driver’s license, or the last four (4) digits of the applicant’s social security number (if any).

503.4 An applicant’s signature captured digitally, or stored digitally at another voter registration agency, and transmitted to the Board shall be sufficient to constitute an original signature and effectuate registration and updates thereto.

503.5 If the applicant is unable to sign his or her name, the applicant may place his or her mark in the space provided for his or her signature and have that mark witnessed by the person assisting by having the witness also sign the voter registration application.

503.6 An applicant for voter registration who is unable to sign or to make a mark on a voter registration application due to a disability may apply with the assistance of another person as long as the individual’s voter registration application is accompanied by a signed affidavit from the person assisting the applicant which states the following:

(a) That he or she has provided assistance to the applicant;

(b) That the applicant is unable to complete the application without assistance or sign or make a mark in the space provided for his or her signature;

(c) That he or she has read or explained the information contained in the application and the voter declaration to the applicant, if the applicant cannot read the information; and

(d) That he or she has read or explained the penalties for providing false information on the registration application, if the applicant cannot read the information.

503.7 Any applicant who provides on a voter registration application a registration address to which mail cannot be delivered by the U.S. Postal Service shall additionally provide to the Board a designated mailing address to facilitate any official communications required by law.

503.8 An applicant for voter registration may include an alternate mailing address in their voter registration application or registration update notification. All official communications required by law shall be sent to the voter at the residence address unless the voter provides an alternate mailing address.

503.9 A residence address provided by the applicant shall be sufficiently precise to enable the Board to assign the voter to the appropriate Ward and Advisory Neighborhood Commission Single-Member District (“ANC SMD”) for voting purposes.

503.10 If an applicant for voter registration fails to provide the information required for registration, the Executive Director or his or her designee shall make reasonable attempts to notify the applicant of the failure. A reasonable attempt to notify the applicant may include a phone call, letter, or email. The Executive Director or his or her designee shall choose the most efficient method of communication based upon the contact information provided by the applicant.

History

SOURCE: Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11115 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 007243 (June 21, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 503

3 DCMR § 504 REGISTRATION TIMELINESS AND EFFECTIVENESS

504.1 Each voter registration application received by the Board shall be considered an update to any previous voter registration record if the applicant is already listed as a registered voter or whose name appears on the inactive list of registered voters, unless the applicant indicates that the change of information is not for voter registration purposes.

504.2 All voter registration applications and voter registration update notifications shall be considered to be received by the Board on the date that it is accepted for filing at the Board’s office or other voter registration agency and acknowledged by date-stamp of the receiving agency.

504.3 All voter registration applications and voter registration update notifications that are received on or before the twenty-first (21st) day preceding an election shall be considered timely filed. The effective date for registration and updates received on or before the 21st day preceding an election shall be the date the application or notification was received or postmarked, whichever is earlier.

504.4 All voter registration applications and voter registration update notifications that are received during the twenty (20)-day period preceding an election, other than voter registration applications and voter registration update notifications to either name or address received over the counter at the Board’s office or at a voting place pursuant to this section, shall be held and processed after the date of the election. The effective date for registration and updates received in the 20-day period preceding an election, other than those permitted by this section, shall be the day after the election.

504.5 Voter registration updates to party affiliation shall not be considered timely filed during the 20-day period preceding a primary election. Requests for change of party affiliation status received during the 20-day period preceding a primary election shall be held and processed after the election. A change in party affiliation status occurs when a voter:

(a) Changes his or her party registration from one political party to another;

(b) Changes his or her party registration from “no party (independent)” to a political party; or

504.6 During the twenty (20)-day period preceding an election, voter registration applications and voter registration updates to name and/or address shall be considered timely filed, and effective as of the date of receipt, if:

(a) The application or update notification was submitted over the counter at the Board’s office; or

(b) The application or update notification was filed at a voting place, provided that the application or update notification was also filed with valid proof of residence.

504.7 Valid proof of residence is any official document showing the voter’s name and a District of Columbia home address or, in the case of an unhoused voter, the address that appears on a DMV-issued non-driver’s identification card that has been issued to the applicant where the DMV has authorized the use of a certified social service provider’s address for the purpose of non-driver identification card issuance. Proof of residence shall either be presented in paper or electronic form. A proof of residence document in electronic form shall be presented on a voter-owned device. The Board shall not be responsible for providing an independent wireless connection for voters to access documents in electronic form. Acceptable forms of proof of residence include:

A copy of current and valid government-issued photo identification;

A utility bill for water, gas, electricity, cable, internet, telephone, or cellular phone service issued within the last ninety (90) days;

A savings, checking, credit, or money market account statement from a bank or credit union issued within the last ninety (90) days;

A paycheck, stub, or earning statement that includes the employer’s name, address, and telephone number and was issued within the last ninety (90) days;

A government-issued document or check from a federal or District agency, other than the Board of Elections, issued within the last ninety (90) days;

A current residential lease or rental agreement;

An occupancy statement from a District homeless shelter issued within the last ninety (90) days; or

A tuition or housing bill or statement from a District of Columbia college or university issued for the current academic or housing term.

504.8 Voter registration applications or registration update notifications for name and address received at a voting place that fail to include valid proof of residence shall be held and processed after the election. The effective date of these registration applications and registration updates shall be the day after the election.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 71 DCR 007243 (June 21, 2024); as amended by Final Rulemaking published at 72 DCR 004709 (April 18, 2025) District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 504

3 DCMR § 505 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 111115 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 505

3 DCMR § 506 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1082-83 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3273 (April 16, 2010), as corrected by Errata Notice published at 57 DCR 5738 (July 2, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 948 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 506

3 DCMR § 507 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1083-84 (March 1, 1996); as amended by Final Rulemaking published at 56 DCR 4738, 4740 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3274 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 946 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 507

3 DCMR § 508 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 56 DCR 4738, 4740 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 508

3 DCMR § 509 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 56 DCR 4738, 4740 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 111115 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 509

3 DCMR § 510 VOTER REGISTRATION INFORMATION

510.1 Upon written request, the Board shall provide to any person a list of the registered qualified electors of the District of Columbia or any ward, precinct or ANC SMD therein. Responses to these data requests shall be processed in accordance with Freedom of Information Act (see Chapter 20 of this title).

510.2 The Board may furnish selective lists according to party affiliation, date of registration, ward, precinct, or ANC SMD, voter history, or any other permissible category.

510.3 The Board shall make requested voter registration information available to the public on electronic or magnetic medium, or on any media in use by the Board at the time of the request.

510.4 A list of duly registered voters eligible to vote in an election (poll book) shall be available for public inspection in all voting places. The information available for public inspection shall include the name, address, party affiliation, and ANC Single-Member District of each eligible and duly registered voter.

510.5 The following items of information contained in voter registration records are confidential and shall not be considered public information subject to disclosure to the general public:

(a) Full or partial social security numbers;

(b) Dates of birth;

(d) The identity of the voter registration agency at which the voter registered; and

(e) The residence and mailing addresses of any registered qualified elector whose residence address has been made confidential pursuant to this section.

510.6 Complete voter registration records, including date of birth and social security numbers, shall be released to the District of Columbia Superior Court upon request.

510.7 Cumulative data based on confidential information may be publicly disclosed as long as information about any individual cannot be discerned from the disclosed data.

510.8 A voter’s signature on registration records, either on a paper record or application or an electronically captured image, may be viewed by the public but may not be copied or traced except by Board officials for election administration purposes. Any such copy or tracing is not a public record.

510.9 A registered qualified elector’s address shall be considered public information unless made confidential. A registered qualified elector’s address may be made confidential under any of the following circumstances:

(a) The registered qualified elector, or his or her representative, presents a copy of a court order to the Registrar directing the confidentiality of the qualified elector’s address;

(b) The registered qualified elector, or his or her representative, presents the Registrar with reasonable written evidence demonstrating that the registered voter has at any time been a victim of a covered offense or covered employee, as defined in the “Address Confidentiality Act of 2018” (D.C. Law 22-118). This evidence may include employment, court, law enforcement, medical, or social service records; or an Address Confidentiality Program authorization card issued pursuant to the “Address Confidentiality Act of 2018.”

(c) In the determination of the Registrar of Voters, the registered qualified elector is an individual of significant public stature and public disclosure of the elector’s address would cause an unwarranted invasion of privacy.

510.10 If a registered qualified elector’s address is made confidential upon the showing of an Address Confidentiality Program authorization card, his or her entire registration record shall be removed from all voter records available for public inspection, including poll books available in any voting place. If a registered qualified elector’s address is made confidential upon the showing of any other document or reason authorized by this section, the elector’s address shall be removed from all voter records available for public inspection, including poll books available in any voting place.

510.11 Any record made confidential pursuant to this section shall remain confidential for a period of five years from the date the address is made confidential unless any of the following:

(a) An alternate period of time is specified by court order;

(b) The Registrar of Voters determines that maintenance of the confidential status is necessary to prevent the unwarranted invasion of privacy;

(d) The elector makes a written request to remove his or her record from confidential status.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1086-87 (March 1, 1996); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 50 DCR 11074 (December 26, 2003); as amended by Final Rulemaking published at 56 DCR 4738, 4740 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3279 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 111111, 111117 (November 26, 2010); as amended by Emergency and Federal Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 949 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 8113 (July 12, 2019); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 510

3 DCMR § 511 VOTER REGISTRATION AGENCIES AND GENERAL REQUIREMENTS

511.1 The National Voter Registration Act (NVRA) of 1993 (52 U.S.C. Sec. 20501 et. seq.) requires the District of Columbia to provide voter registration opportunities through government agencies that provide public assistance and services. The intent of this requirement is to increase voter registration opportunities, encourage voter participation, and protect the integrity of the electoral process.

511.2 For purposes of this subchapter, unless otherwise provided, the following definitions shall apply:

Voter registration agency (VRA) – an entity designated under D.C. Official Code § 1-1001.07(d)(1) by the Mayor of the District of Columbia or under the NVRA to perform mandatory voter registration activities. The designated Voter Registration Agencies in the District of Columbia are:

The Department of Corrections (DOC) except to the extent that the DOC is in compliance with any applicable automatic voter registration provisions of D.C. Official Code § 1-1001.07;

The Department of Health;

The Department of Health Care Finance;

The Department of Human Services;

The Department of Motor Vehicles (DMV) except to the extent that the DMV is in compliance with any applicable automatic voter registration provisions of D.C. Official Code § 1-1001.07;

The Department of Parks and Recreation;

The Department of Youth Rehabilitation Services;

The Department on Disability Services;

The District of Columbia Public Library;

The District of Columbia Public Schools as to students and employees;

The Health Benefit Exchange Authority;

The Office on Aging and Community Living;

(m) Any Armed Forces Recruitment office located in the District of Columbia;

Any District of Columbia agency that provides public assistance or that operates or funds programs primarily engaged in providing services to persons with disabilities;

Any agency that administers or provides services or assistance under the following public assistance programs: the Supplemental Nutrition Assistance Program (SNAP, formerly the Food-Stamp Program), the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the Temporary Assistance for Needy Families (TANF) program (formerly the Aid to Families with Dependent Children (AFDC) program), the Medicaid program, or the State Children’s Health Insurance Program (SCHIP); and

Any other agency so designated by law by the Mayor.

Voter Preference Form (VPF) -- a form that: (1) is provided by the Board to VRAs that contains all of the material contained on the Board’s sample form; (2) serves to document whether persons entitled to voter registration assistance wish to exercise their option to register to vote; and (3) is retained by VRAs for at least 24 months. VPFs should not be sent to the Board unless the Board so requests.

Agency Coordinator -- any person designated by a VRA to act as liaison to the Board and to support the VRA’s compliance with NVRA. Each VRA will provide the Board with Agency Coordinator(s) names and contact information at the beginning of each calendar year.

Agency Site Coordinator -- any person designated by the VRA to support the Agency Coordinator(s) with NVRA compliance at VRA locations for providing assistance and services. Each VRA will provide the Board with Agency Site Coordinator(s) names and contact information at the beginning of each calendar year.

Chief Administrative Officer – The Board’s Executive Director who is authorized pursuant to D.C. Official Code §1-1001.07(d)(12) to seek enforcement through a D.C. Superior Court civil action for declaratory or injunctive relief with respect to NVRA noncompliance.

511.3 The head of each VRA shall be responsible, directly or through its Agency Coordinator(s), for the VRA’s compliance with the NVRA, including but not limited to:

(a) Ensuring that every applicant who applies for, renews, or recertifies benefits or services, or who seeks to change their address, completes a VPF, regardless of whether they complete a voter registration application;

(b) Offering an opportunity to register or to decline to register to vote to each person who applies for service or assistance with the agency, or who requests recertification, renewal, or a change of address with the VRA;

(c) Distributing a voter registration form to each person who applies for service or assistance with the agency, or who requests recertification, renewal, or a change of address with the VRA;

(d) Assisting persons with completing the voter registration application with the same kind of assistance already provided for completing the VRA’s own forms;

(e) Allowing persons provided with a voter registration application to take the application, whether completed or not, offsite and to submit, on their own accord, the application to the Board;

(f) Accepting completed voter registration applications, and sending them to the Board within 10 days or, in the case of applications received less than 10 days before the deadline to register to vote (3 DCMR 504.3), forwarding the application to the Board by such deadline. Applications received within five days of a deadline to register to vote must be forwarded to the Board within five days;

(g) Ensuring that persons applying for services and assistance or renewal or recertification by internet, telephone, or mail are informed of the opportunity to register to vote and provided with the capability to access or instructions on how to request a voter registration form;

Providing to persons applying for services and assistance or renewal or recertification by internet, telephone or mail with a toll-free phone number, where possible, to call for information and instruction on how to complete the voter registration process;

Reviewing for completeness each voter registration application in the applicant’s presence and, if the application is incomplete and/or lacks the required signature, returning the application to the applicant for completion and resubmission;

(j) Submitting to the Board, by the 15th of each month, a monthly report on a form provided by the Board. The report shall include, with respect to the prior month, the number of completed voter registration applications sent to the Board and the number of persons: (1) served; (2) offered voter registration services; (3) already registered to vote at their current address; (4) declining to register to vote; (5) taking voter registration applications to complete offsite; and (6) completing voter registration applications onsite;

(k) Retaining VPFs for 24 months as required by the NVRA;

(l) Ensuring that the voter registration activities of its staff and contractors do not violate the NVRA or elections laws; and

(m) Regularly promoting election-related information on the voter registration agencies' social media platforms, including by providing information about how to register to vote and vote.

511.4 When a VRA contracts with a private entity to administer services, the ultimate responsibility for ensuring the provision of voter registration services remains with the VRA, and the voter registration requirements under the NVRA remain the same.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1087 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3280 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11118 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 66 DCR 8116 (July 12, 2019); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 71 DCR 007247 (June 21, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 511

3 DCMR § 512 VOTER REGISTRATION AGENCY TRAINING

512.1 The Board shall post on its website training materials, including a manual, to assist VRAs with compliance.

512.2 Board staff designated by the Chief Administrative Officer may provide VRA training. Such training may include the following:

(a) Review of responsibilities of employees to distribute voter registration application forms and provide VPFs;

(b) Discussion of information which may be used to establish an applicant’s age, identity, and residency;

(d) Review of responsibilities in ensuring the accuracy and legibility of voter registration application forms and stressing responsibility for informing each applicant that the applicant is not registered to vote until the Registrar of Voters notifies the applicant of registration;

(e) Review of application transmittal requirements;

(f) Review of VRA monthly reporting requirements; and

(g) Review of prohibited conduct.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 111115 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as corrected by an Errata Notice published at 59 DCR 2457 (March 30, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 71 DCR 007247 (June 21, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 512

3 DCMR § 513 PROHIBITED ACTS AND ENFORCEMENT

513.1 The NVRA places restrictions on how a VRA may interact with applicants when providing the opportunity to register to vote and prescribes fines and imprisonment up to five years for violations. Improper voter registration activity may also constitute a violation of other election-related laws. Prohibited acts include but are not limited to:

(a) Seeking to influence an applicant’s political party preference;

(b) Displaying any political party preference or allegiance;

(c) Making any statement or taking any action the purpose or effect of which is to discourage the applicant from registering to vote;

(d) Making any statements to an applicant or taking any action the purpose or effect of which is to lead the applicant to believe that a decision to register has any bearing on the availability of services or benefits;

(e) Providing partisan voter registration assistance to the applicant.

(f) Using information relating to a person’s decision to register or to decline to register to vote other than for voter registration aggregate number reporting and other voter registration purposes;

(g) Disclosing the VRA where a voter registered; or

(h) Retaining, using or sharing any citizenship information obtained for voter registration purposes except as permitted or required by law.

513.2 An allegation of a violation of the NVRA may be made in writing filed with the Chief Administrative Officer that concisely specifies the alleged violation.

513.3 The Chief Administrative Officer shall contact the head of a VRA, by letter, if the Chief Administrative Officer believes that VRA is not complying with the requirements of these regulations and the NVRA, and direct the VRA to comply immediately. Where appropriate, the Chief Administrative Office may copy any Agency Site Coordinator on a notice of noncompliance.

513.4 Should the head of a VRA fail to comply with a Chief Administrative Officer’s directive, the Chief Administrative Officer may bring a civil action in the Superior Court of the District of Columbia for declaratory or injunctive relief (see D.C. Code §1-1001.07(d)(12)).

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1088 (March 1, 1996); as amended by Final Rulemaking published at 56 DCR 4738, 4740-41 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3282 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 951 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 64 DCR 2530 (March 10, 2017); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 71 DCR 007247 (June 21, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 513

3 DCMR § 514 NOTIFICATION OF ACCEPTANCE OF REGISTRATION OR CHANGE OF REGISTRATION

514.1 For registration applications and update notifications received at least twenty-one (21) days prior to an election, the Executive Director or his or her designee shall mail a non-forwardable voter registration notification to the applicant advising him or her of the acceptance or rejection of the registration application within nineteen (19) calendar days after the receipt of the registration application or update notification. If the application is rejected, the notification shall include the reason or reasons for the rejection and shall inform the voter of his or her right to either submit additional information as requested by the Board, or appeal the rejection pursuant to D.C. Official Code § 1-1001.07(f) (2016 Repl.).

514.2 In the event that the notification advising the applicant of acceptance of his or her voter registration is returned to the Board as undeliverable, the Executive Director or his or her designee shall mail the notice provided in D.C. Official Code § 1-1001.07(j)(1)(B) (2016 Repl.).

514.3 For registration applications received within the twenty (20)-day period immediately preceding an election, the Board shall mail each registered voter who filed a voter registration application or update notification a non-forwardable address confirmation notice to the applicant as soon as practicable after the election. If the United States Postal Service returns the address confirmation notification as "undeliverable," the Board shall notify the Attorney General of the District of Columbia.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1088-89 (March 1, 1996); as amended by Final Rulemaking published at 56 DCR 4738, 4741 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3283 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11119 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 952 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 514

3 DCMR § 515 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1089-90 (March 1, 1996); as amended by Final Rulemaking published at 43 DCR 1927 (April 12, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3284 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11119 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 953 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 515

3 DCMR § 516 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1090-91 (March 1, 1996); as amended by Final Rulemaking published at 56 DCR 4738, 4741 (June 19, 2009); as amended by Final Rulemaking published at 57 DCR 3267, 3285 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11120 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 954 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 516

3 DCMR § 517 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1091-92 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3286 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 7 DCR 7690 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11111, 11121 (November 26, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 517

3 DCMR § 518 SYSTEMATIC VOTER ROLL MAINTENANCE PROGRAM: BIENNIAL MAIL CANVASS

518.1 By March 31 of each odd-numbered year, the Board shall confirm the residence address of each registered voter who did not confirm his or her address through the voting process or file a change of address at the polls in the preceding general election by mailing a first class non-forwardable canvass postcard to the residence address listed on the Board’s records.

518.2 If the Postal Service returns the postcard and provides a new address for the registrant that is within the District of Columbia, the Board shall change the address on its records accordingly and then mail to both old and new addresses a forwardable notice advising the registrant that their address in the voter records has been changed to reflect the Postal Service information.

518.3 If the Postal Service returns the postcard as undeliverable and provides a new address for the registrant outside the District of Columbia, the Board shall mail a forwardable notice to both the old and new address, informing the registrant how to register to vote in their new jurisdiction or correct the address information obtained from the Postal Service.

518.4 If the Postal Service returns the postcard to the Board as undeliverable and indicates that no new address is available, the Board shall mail to the registrant at his or her last known address the forwardable notice specified in § 518.3.

518.5 The forwardable notices issued to registrants whose initial non-forwardable mailings were returned by the Postal Service shall include a pre-addressed and postage- paid return notification postcard to enable the registrant to confirm or correct any address information obtained from the Postal Service.

518.6 Upon the receipt of canvass postcards returned by the Postal Service either as undeliverable or indicating a new address outside of the District, the Board shall designate the registrant’s voter registration status as inactive on the voter roll, effective on the date of the mailing of the notice.

518.7 Where a registered voter who has been designated inactive on the voter roll fails to respond to the forwardable notice and fails to vote during the period beginning on the date the notice was mailed and ending on the day after the second subsequent general election for federal office, the registrant’s name shall be removed from the voter roll.

518.8 Where a registered voter who has been designated inactive on the voter roll provides the Board with a current residence address, or votes in any election, prior to the day following the second general election for federal office occurring thereafter, the inactive designation shall be removed from the registrant’s record.

518.9 A registrant included in the group defined by § 518.1 who has requested a separate mailing address in their voter record shall be initially mailed a notification addressed to the mailing address, asking the registrant to confirm his or her residence address on the voter roll by not later than thirty (30) days of the date of the mailing of the notice.

518.10 Where a registrant who has been mailed the notification in § 518.9 fails to confirm or correct their residence address, in writing, within thirty (30) days of the mailing of the notice, the Board shall issue a non-forwardable canvass postcard to the residence address as provided in § 518.1 of this chapter.

518.11 In the event that the Biennial Mail Canvass is delayed, the Board shall conduct the canvass as soon as practicable thereafter.

518.12 Consistent with procedures of the Biennial Mail Canvass, the Board shall issue the forwardable notices defined in § 518.5 whenever official mail sent to a registrant in the normal course of business is returned to the Board by the Postal Service.

518.13 Consistent with procedures of the Biennial Mail Canvass, the Board shall update a registrant’s address or designate a registrant’s voter registration status as inactive based on the return to the Board by the Postal Service of official mail sent to a registrant in the normal course of business.

518.14 Where the Board learns, or has reason to believe, that a registrant does not reside at the address listed on the voter registration application, the Board may issue the notice defined in § 518.1 to confirm the registrant’s address, and proceed accordingly.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1080 (March 1, 1996); as amended by Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 518

3 DCMR § 519 VOTER ROLL MAINTENANCE PROGRAM

519.1 The Board may utilize information obtained from the United States Postal Service, the National Change of Address System (NCOA), and the DMV, which identifies registrants who have moved from the addresses listed on the Board’s records.

519.2 As part of its systematic voter roll maintenance program, the Board may develop additional procedures to identify and remove from the voter roll registrants who are deceased and no notification was received from the Vital Records Division of the Department of Health, who have moved from the District and no notification was received from the registrant or the United States Postal Service, or who otherwise no longer meets the qualifications as a duly registered voter.

519.3 If the Board learns that a registered voter has changed his or her residence address and has failed to inform the Board, in writing, of his or her current residence address, the registrant shall be mailed a non-forwardable notice, to the address listed on the voter roll.

519.4 The Board may utilize information obtained from returned juror summons issued by mail by the District of Columbia Superior Court to identify registrants who no longer meet the qualifications as a duly registered voter.

519.5 In the event that a juror summons is returned to the District of Columbia Superior Court by the United States Postal Service as undeliverable, or which provides a new address within or outside the District of Columbia, the Board shall mail a non-forwardable notice to the address to the voter’s registration, as provided in § 518 of this chapter.

519.6 The Board may use other information provided to the District of Columbia Superior Court by the registrant to identify registrants who no longer meet the qualifications as a registered voter.

519.7 The Board’s Executive Director may enter into agreements with other Chief State Election Officials for the purpose of verifying information on its statewide voter registration list to ensure the accuracy of the District’s voter registry.

History

SOURCE: Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 519

3 DCMR § 520 CANCELLATION OF VOTER REGISTRATION: GENERAL GROUNDS AND PROCEDURES

520.1 The grounds for cancellation of registration by the Board shall be the following:

(a) Death of the voter;

(b) Change in residence from the District of Columbia;

(d) [Repealed];

(e) Successful challenge to voter registration;

(f) Falsification of information on the voter registration application;

(g) Declaration of mental incompetence by a court of competent jurisdiction; and

(h) In the case of a registrant whose registration is deemed inactive, failure to provide the Board with a current residence address in the District, in writing, or failure to vote in any election in accordance with D.C. Official Code § 1-1001.07(i)(4)(B) (2014 Repl.) by not later than the day after the date of the second general election for federal office that occurs after the date of the notice described in this section.

520.2 Where the Board cancels or proposes to cancel a voter’s name from the registration roll, under § 520.1, notification to the person, as applicable to the cause of cancellation, shall be made by first class (forwardable) mail, except where authorization for removal has been provided by the signature of the voter, or where the voter’s registration is being removed from the list of registrations deemed inactive.

520.3 In the event that the Board learns, through the regular course of business, that a voter is otherwise unqualified to be a registered elector in the District of Columbia, the Executive Director or his or her designee shall notify the registrant of this fact.

520.4 The notice shall include the information on which the Executive Director or his or her designee bases the decision and shall state that the registrant must respond within fourteen (14) days from the date of the mailing of the notice or be cancelled from the voter roll.

520.5 The Executive Director or his or her designee shall make a determination with respect to the elector’s eligibility within ten (10) days of receipt of a response from the registrant.

520.6 The determination shall be sent by first class mail to the registrant.

520.7 Within fourteen (14) days of mailing the notice, the registrant may appeal, in writing, the Executive Director or his or her designee’s determination to the Board.

520.8 The Board shall conduct a hearing and issue a decision within thirty (30) days of receipt of written notice of the appeal.

520.9 Requests for cancellation of voter registration received less than thirty (30) days preceding an election shall be held and processed after that election.

History

SOURCE: Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 14502 (December 11, 2020); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 520

3 DCMR § 521 CANCELLATION OF VOTER REGISTRATION: CHALLENGE AND REQUEST FOR ADDITIONS TO REGISTRATION ROLL

521.1 Any duly registered voter may:

"Challenge" the registration (but not pre-registration) of any person on the following grounds:

The voter is fictitious;

The voter is deceased;

The voter, by the time of the primary election, will not be at least seventeen (17) years of age and will not be eighteen (18) on or before the next general election;

The voter will not be at least eighteen (18) years of age on or before the date of the general or special election;

The voter will not have lived within the District for at least thirty (30) days preceding the next election;

The voter claims voting residence or the right to vote in any state, territory, or country; or

The voter has been adjudged legally incompetent to vote by a court of competent jurisdiction.

"Request" the addition of any person whose name has been erroneously omitted or cancelled from the registration roll.

521.2 A voter registration challenge or request to add a person whose name has been erroneously omitted or cancelled shall not be accepted:

If, within three (3) business days of receipt of the challenge or request, the Board’s General Counsel issues a determination that the challenge or request is insufficiently supported. In the event of such determination, the voter submitting the challenge or request may re-submit the challenge or request with additional support or, within three (3) business days of notice of the General Counsel’s determination, appeal that determination in writing to the Board; or

If the challenge or request was submitted after the forty-fifth (45th) day preceding an election.

521.3 During the period beginning on the ninetieth (90th) day before any election and ending on the forty-fifth (45th) day before any election, the Board shall expedite the process as further described in this section.

521.4 Requests for the correction of the voter roll or the challenge of the right to vote of any person named on the voter roll shall be in writing and shall include any evidence in support of the challenge that the registrant is not a qualified elector.

521.5 If the General Counsel does not find that the challenge was insufficiently supported, the Board shall send notice to any person whose registration has been challenged at the address listed on the Board’s record, along with a copy of any evidence filed in support of the challenge.

521.6 The notice sent to a person whose registration has been challenged shall be sent to the address listed on the Board’s records, and shall include a statement that the registrant must respond to the challenge not later than thirty (30) days from the date of the mailing of the notice, or ten (10) days if the challenge is received between ninety (90) and forty-five (45) days from the election, or be cancelled from the voter roll.

521.7 The Registrar shall make a determination with respect to the challenge, based on any evidence presented, within ten (10) days of receipt of the challenged registrant’s response, or three (three) days if the challenge is received between ninety (90) and forty-five (45) days from the election.

521.8 After making a determination with respect to the challenge, the Registrar shall notify, by first class mail, both the challenged registrant and the person who filed the challenge.

521.9 Within fourteen (14) days of the date that the Registrar of Voters’ notice is mailed, or five (5) days if the challenge is received between ninety (90) and forty-five (45) days from the election, any aggrieved party may appeal the Registrar’s determination to the Board.

521.10 The Board shall conduct a hearing and issue a decision within thirty (30) days of receipt of the written appeal notice, or ten (10) days if the challenge is received between ninety (90) and forty-five (45) days from the election.

521.11 With respect to a request for the addition of a person to the voter roll, if the Board’s records indicate that the omission or cancellation was proper, the Board shall send notice of its determination, by first-class (forwardable) mail, to both the individual named in the request and the person who filed the request. The notice shall advise both parties that the person whose name was removed from the registration roll is required to submit a new voter registration application in order to become registered.

History

SOURCE: Final Rulemaking published at 57 DCR 3267, 3270 (April 16, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 944 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 71 DCR 007243 (June 21, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 521

3-6 ELIGIBILITY OF CANDIDATES

3 DCMR § 600 GENERAL PROVISIONS

600.1 This chapter governs the process by which candidates for elected office declare and withdraw their candidacy and the process by which candidates are determined to be eligible to hold the particular office sought. Acceptance by the Board or the Office of Campaign Finance of reports and statements required to be filed by a candidate pursuant to D.C. Official Code §§ 1-1101.01 et seq. (2011 Repl.), shall not be construed as a determination by the Board that the candidate is eligible for the particular office which he or she seeks.

600.2 For purposes of this chapter, unless otherwise provided, the following term shall have the meaning ascribed:

The term "candidate for nomination" means an individual who is seeking to win a party primary or is seeking ballot access in a general or special election by having registered voters sign a nominating petition to have his or her name printed directly on the ballot;

(b) The term "candidate for election" means an individual who has won a party primary or survived the challenge period (D.C. Official Code § 1-1001.08(o) (2011 Repl.)) after filing a petition to have his or her name printed directly on the general or special election ballot;

(c) The term "write-in nominee" means an individual whose name is written on the ballot by a voter in a primary, general, or special election and whose eligibility as a candidate in the election has not been determined by the Executive Director or his or her designee;

(d) The term “write-in candidate” means an individual who has been nominated by at least one write-in vote and who has perfected his or her candidacy by filing an Affirmation of Write-In Candidacy form with the Board prior to the statutory deadline; and

(e) The term "eligible," when used with the term "candidate," includes an individual who is not ineligible to be a candidate pursuant to D.C. Official Code § 1-1001.15, and who meets or is capable of meeting those statutory requirements necessary to serve in the particular office sought.

(f) The term “elected office” means any of the following elected party, District, or federal offices:

(1) National committeemen and national committeewomen of political parties, and alternates, when the party has requested the inclusion of these offices at a regularly scheduled primary election in a presidential election year;

(2) Delegates to conventions and conferences of political parties, and alternates, when the party has requested the inclusion of these offices at a regularly scheduled primary election in a presidential election year;

(3) Members and officials of local committees of political parties when the party has requested the inclusion of these offices at a regularly scheduled primary election in a presidential election year;

(4) Electors of President and Vice President of the United States;

(5) Delegate to the House of Representatives;

(6) Members of the State Board of Education;

(7) Members of the Council of the District of Columbia, including Chairman;

(8) Attorney General for the District of Columbia;

(9) Mayor of the District of Columbia;

(10) United States Senator;

(11) United States Representative; and

(12) Advisory Neighborhood Commissioner.

History

SOURCE: Final Rulemaking published at 27 DCR 3805 (August 29, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 2768-69 (June 27, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5294-95 (October 14, 1983); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 600

3 DCMR § 601 DECLARATION OF CANDIDACY

601.1 Each candidate for nomination to elected office shall declare his or her candidacy on an affidavit form prescribed by the Board (after this, “Declaration of Candidacy”).

601.2 The Declaration of Candidacy filed by the candidate shall contain the following information:

(a) The name, and address of the candidate;

(b) The office that the candidate seeks;

(d) The ward or Advisory Neighborhood Commission Single-Member District from which the candidate seeks election, where applicable;

(e) The candidate’s party affiliation, where applicable;

(f) The candidate’s residence addresses for the applicable period to determine eligibility;

(g) The candidate’s designation of how he or she would like his or her name to be listed on the ballot;

(h) A statement that the candidate meets the qualifications for holding the office sought; and

(i) A notice of the penalties for making false representations as to one’s qualifications for holding elective office.

601.3 Each candidate shall swear under oath or affirm before a District notary or Board official that the information provided in the Declaration of Candidacy is true to the best of the candidate’s knowledge and belief.

601.4 The Declaration of Candidacy shall also contain sufficient space for the candidate to print his or her email address and phone number. By providing an email address, the candidate consents to receiving official communication by email at the address provided.

601.5 The Declaration of Candidacy must be filed before the Registrar will issue nominating petitions for the particular office sought, except that in the event the nomination of candidates for election to the office of presidential elector is made by message to the Board pursuant to D.C. Code § 1-1001.08(d) (2011 Repl.), the deadline for filing the Declaration of Candidacy shall be the same date as the deadline for making nominations by message.

601.6 Within three (3) business days after the deadline for filing nominating petitions for the particular office sought, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the declarant to be candidate for the particular office sought.

601.7 Notice of the Executive Director’s preliminary determination shall be served immediately by email or first-class mail upon each candidate.

601.8 The preliminary determination of eligibility shall be based solely upon information contained in the Declaration of Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.

601.9 The preliminary determination of eligibility shall in no way be deemed to preclude further inquiry into or challenge to the eligibility of an individual for candidacy or office made prior to the certification of election results. The Executive Director or his or her designee may reverse a preliminary determination of eligibility based upon evidence which was not known to the Executive Director at the time of the preliminary determination or upon evidence of changed circumstances. Except insofar as the Executive Director may exercise his or her discretion to revisit a preliminary favorable determination of eligibility, a preliminary favorable determination is subject to review exclusively through nominating petition challenge procedures (including challenge filing deadlines) set forth at D.C. Code § 1-1001.08(o).

601.10 In the event that the Executive Director determines that an individual is ineligible to be a candidate for the particular office sought, the individual’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Code § 1-1001.08(o) (2011 Repl.), along with the Executive Director’s preliminary determination.

601.11 Within three (3) days of receipt of notice of an adverse determination of eligibility, a declarant aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the declarant and specifying concisely the grounds for appeal.

601.12 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.

601.13 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501 et seq. (2011 Repl.), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05(g) (2011 Repl.)).

601.14 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05(g) (2011 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.

History

SOURCE: Final Rulemaking published at 30 DCR 5289 (October 14, 1983); as amended by Final Rulemaking published at 31 DCR 4524 (September 14, 1984); as amended by Final Rulemaking published at 40 DCR 8633-34 (December 17, 1993); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 601

3 DCMR § 602 AFFIRMATION OF WRITE-IN CANDIDACY

602.1 In the case of a primary election, a write-in nominee who wishes to perfect their candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 5:00 p.m. on the third (3rd) day immediately following the election.

602.2 In the case of a general or special election, a write-in nominee who wishes to perfect their candidacy shall file with the Board an Affirmation of Write-in Candidacy on a form provided by the Board not later than 5:00 p.m. on the seventh (7th) day immediately following the election.

602.3 Nothing in this section shall prohibit an individual seeking to declare write-in candidacy from filing an Affirmation of Write-in Candidacy prior to write-in nomination, provided that the determination of the write-in candidate’s eligibility shall proceed in accordance with this chapter. Write-in nominees who fail to submit the documents required by this section within the prescribed times shall be deemed to be ineligible candidates.

602.4 The Affirmation of Write-in Candidacy form shall contain the same information required for the Declaration of Candidacy described in this chapter.

602.5 Each write-in candidate shall swear under oath or affirm before a District of Columbia notary or Board official that the information provided in the Affirmation of Write-in Candidacy is true to the best of his or her knowledge and belief.

602.6 If a write-in nominee is an apparent winner of an election contest, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the write-in nominee if such nominee has perfected his or her candidacy on or before the prescribed deadline. No eligibility determination shall be made for affirmants who are not apparent winners.

602.7 Notice of any adverse determination shall be served immediately by mail and/or email to the email address for the person identified on the Affirmation of Write-in Candidacy form.

602.8 The determination of eligibility shall be based solely upon information contained in the Affirmation of Write-In Candidacy and upon information contained in other public records and documents as may be maintained by the Board. The criteria used for determining eligibility to be a candidate shall be limited to the appropriate statutory qualifications for the particular office sought.

602.9 The determination shall in no way be deemed to preclude further inquiry into or challenge to such individual’s eligibility for candidacy or office made prior to the certification of election results by the Board and based upon information which is not known to the Board at the time of the preliminary determination, or upon evidence of changed circumstances.

602.10 If a write-in winner is declared ineligible after the election, no winner shall be declared.

602.11 Notice of the successful bid of a write-in candidate shall be provided through the posting of election results on the Board’s website. No other notice is required.

History

SOURCE: Final Rulemaking published at 27 DCR 3805 (August 29,1 980), incorporating the text of Proposed Rulemaking published at 27 DCR 2768, 2770-71 (June 27, 1980); as amended by Final Rulemaking published at 29 DCR 1223 (March 19, 1982), as amended by Final Rulemaking published at 29 DCR 2798 (July 2, 1982); as amended by Final Rulemaking published at 30 DCR 5289, 5295-96 (October 14, 1983); as amended by Final Rulemaking published at 31 DCR 4524 (September 14, 1984); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking 68 DCR 011072 (October 22, 2021); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 602

3 DCMR § 603 WITHDRAWAL OF CANDIDATES

603.1 Except as provided in this section, a candidate shall withdraw his or her candidacy by executing and filing with the Board a notarized affidavit which states that the candidate irrevocably withdraws the candidacy for the office to which he or she has been nominated or is seeking nomination. The withdrawal shall be irrevocable only for the office sought and for the election at issue.

603.2 Notwithstanding the requirements set forth in Subsection 603.1 of this section, a candidate may effect withdrawal by emailing to the Board a non-notarized affidavit which states that the candidate irrevocably withdraws the candidacy for the office to which he or she has been nominated or is seeking nomination, provided that the email is sent from the email address provided by the candidate in his or her Declaration of Candidacy filed in accordance with Subsection 601 of this section.

603.3 In the case of a presidential candidate who publically withdraws during a primary election and no affidavit of withdrawal is received from the candidates for delegate in support of that presidential candidate, the Board may remove the names of such candidates from the ballot.

603.4 The Executive Director or his or her designee shall provide public notice of all withdrawals.

603.5 The affidavit of withdrawal shall be filed with the Board no later than 5 p.m. on the 54th day before Election Day. If a candidate withdraws after the 54th day before Election Day, his or her name may still appear on the official ballot or separate handout (in the case of a presidential preference primary, pursuant to party rule). In this case, notice of the candidate’s withdrawal shall also be posted in vote centers.

History

SOURCE: Final Rulemaking published at 27 DCR 3805 (August 29, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 2768, 2771 (June 27, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5296 (October 14, 1983); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 603

3 DCMR § 604 [REPEALED]

History

SOURCE: Final Rulemaking published at 27 DCR 3805 (August 29, 1980); incorporating the text of Proposed Rulemaking published at 27 DCR 2768, 2771-73 (June 27, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5296 (October 14, 1983); as amended by Final Rulemaking published at 35 DCR 7486-87 (October 14, 1988); as amended by Final Rulemaking published at 56 DCR 4738, 4741 (June 19, 2009); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 604

3 DCMR § 605 [REPEALED]

History

SOURCE: Final Rulemaking published at 27 DCR 3805 (August 29, 1980); incorporating the text of Proposed Rulemaking published at 27 DCR 2768, 2771-73 (June 27, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5296 (October 14, 1983); as amended by Final Rulemaking published at 59 DCR 4773, 4774 (May 11, 2012); ; as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 605

3-7 ELECTION PROCEDURES

3 DCMR § 700 ELIGIBILITY OF ELECTORS

700.1 For the purpose of determining eligibility of an elector in a primary election, a change in party affiliation status occurs when a voter:

(a) Changes his or her party registration from one political party to another;

(b) Changes his or her party registration from “no party (independent)” to a political party; or

700.2 [Repealed]

700.3 For the purpose of determining eligibility of an elector during any election for President and Vice President, an individual shall qualify as an elector in the District of Columbia for the offices of President and Vice President only (qualified federal elector) if:

He or she resided in the District of Columbia and has moved into another state or territory and does not meet the voter registration residency requirements of that state or territory; and

He or she otherwise meets the requirements of a qualified elector in the District of Columbia as of the date of change of residence.

700.4 Eligible electors shall be permitted to cast a regular ballot during the early voting period or on Election Day. Eligible electors shall include:

In the case of primary elections:

Duly registered voters whose registration record indicates an affiliation with the party conducting the primary and have not changed their party affiliation status during the twenty-one (21)

days preceding the primary;

Registered voters who have filed a change of address and/or name notification with valid proof of residence at the time of voting and whose registration record indicates an affiliation with the party conducting the primary that has not been changed during the twenty-one (21) days preceding the primary; or

Qualified electors who newly register to vote during the early voting period or on Election Day; provide valid proof of residence; and affiliate with a party conducting a primary election.

In the case of general elections:

Duly registered voters;

Registered voters who have filed a change of address and/or name notification with valid proof of residence at the time of voting; or

Qualified electors who newly register to vote during the early voting period or on Election Day and provide valid proof of residence.

In the case of special elections:

Duly registered voters residing in the political subdivision in which

the special election is occurring;

Registered voters residing in the political subdivision in which the special election is occurring who have filed a change of address and/or name notification with valid proof of residence at the time

of voting; or

(3) Qualified electors residing in the political subdivision in which the special election is occurring who newly register to vote during the early voting period or on Election Day and provide valid proof of residence.

700.5 An individual whose eligibility to vote in an election cannot be determined at the time of voting shall cast a special (provisional) ballot. An individual’s eligibility may be unable to be determined for any of the following reasons:

The individual attempted to register to vote at a vote center but did not provide valid proof of residence;

The individual filed a change of address notification at a vote center but did not provide valid proof of residence;

The individual filed a change of name notification at a vote center but did not provide valid proof of residence;

(d) [Repealed];

(e) The individual has already signed the poll book for the current election;

(f) The individual is listed as having cast a ballot in the election;

(g) The individual has not previously voted in a federal election in the District and who registered to vote by mail and failed to present, either at the time of registration, at a vote center, or when voting by mail, either a copy of a current and valid government-issued photo identification, a copy of a current (the issue, bill, or statement date is no earlier than ninety (90) days before the attempt to register and/or vote, whichever is applicable) utility bill, bank statement, government check, or paycheck, or other government-issued document that shows his or her name and address;

(h) The individual is listed on the poll book but claims, in a primary election, that the party affiliation indicated on the listing is in error;

(i) The individual is listed on the poll book but claims, in a general election, that the ANC Single-Member District indicated on the listing is in error;

(j) The individual’s qualifications as an elector have been challenged pursuant to this chapter, and that challenge is accepted;

(k) The individual is listed on the poll book as eligible to vote in local elections only but claims he or she is eligible to vote in an election for federal office; or

(l) The individual is attempting to vote in an election for federal office during extended voting hours as a result of a federal or District of Columbia court order, or any other order.

700.6 An individual who casts a special (provisional) ballot due to failure to provide valid proof of residence or identification at the time of voting must provide such proof by no later than the seventh day after the election at issue in order for their ballot to be counted.

History

SOURCE: Final Rulemaking published at 39 DCR 2478-79 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7401 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 68 DCR 013610 (December 17, 2021); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 700

3 DCMR § 701 [REPEALED]

History

SOURCE: Final Rulemaking published at 31 DCR 4524 (September 14, 1984); as amended by Final Rulemaking published at 39 DCR 2478-79 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7401 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 701

3 DCMR § 702 VOTING IN-PERSON BEFORE ELECTION DAY

702.1 [REPEALED]

702.2 An eligible elector shall be permitted to cast a ballot in-person before each primary and general election during an early voting period of no more than twelve (12) days prior to Election Day. Early voting shall take place on dates and times that the Executive Director shall designate.

History

SOURCE: Final Rulemaking published at 31 DCR 4524 (September 14, 1984); as amended by Final Rulemaking published at 39 DCR 2478-79 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7401 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 702

3 DCMR § 703 OPENING AND CLOSING OF POLLS ON ELECTION DAY

703.1 Vote Centers in which elections are to be held shall be opened at 7:00 a.m. on the date required by law for the election and shall remain open for voting until 8:00 p.m., except in instances when the time established for the close of voting is extended pursuant to a federal or District of Columbia court order or Board order.

703.2 All persons standing in line at a vote center at the close of polls shall be permitted to vote, if otherwise qualified.

703.3 At the close of polls, an election worker shall take a position at the end of any existing line of prospective voters, and only persons standing in front of the official at that time shall be permitted to vote.

703.4 By order, the Board may, at its discretion, extend polling hours at a Vote Center in order to resolve unforeseen emergency situations on Election Day.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 50 DCR 11074-11075 (December 26, 2003), incorporating by reference the text of Proposed Rulemaking published at 51 DCR 5041 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4247 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 703

3 DCMR § 704 VOTE CENTER OFFICIALS

704.1 The operations of Vote Centers and ballot counting places shall be conducted by officials designated by the Board.

704.2 The official in charge of each Vote Center shall be known as the Site Coordinator.

704.3 The duties of the Site Coordinator may be delegated by the Board or by the Site Coordinator to another official, who shall be known as the Alternate Site Coordinator.

704.4 All vote center officials shall be qualified registered electors in the District of Columbia, except that the Board may appoint individuals who are not qualified registered electors to serve as vote center officials, if the individual:

(a) Is at least sixteen (16) years of age on the day that he or she will be a vote center official;

(b) Resides in the District of Columbia; and

704.5 Notwithstanding Subsection 704.4 of this section, no vote center official who is a District government employee is required to be a District resident or a qualified elector in the District.

704.6 All vote center officials shall:

(a) Complete at least four (4) hours of training;

(b) Receive certification by the Board; and

704.7 A vote center official’s past performance shall be considered before appointing him or her as a vote center official in a subsequent election.

704.8 Unless otherwise provided, Board employees working at early voting centers shall have the same authority and duties as the Site Coordinator and other vote center officials.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking 68 DCR 011073 (October 22, 2021); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 704

3 DCMR § 705 NEWS MEDIA

705.1 For the purpose of this chapter, the term “media” shall mean any individual or group engaging in the mass communication of information to the public, such as through television, radio, or publishing, and shall not include poll watchers or election observers, as defined in this chapter.

705.2 At the appropriate discretion of the Site Coordinator, news media representatives shall be permitted access to voting places during voting hours for a reasonable and limited period of time for the purpose of filming or photographing inside voting places. The Site Coordinator may consider the following factors when determining the granting and duration of media access to the voting place:

(a) The size of the voting place;

(b) The number of persons in the voting place; and

705.3 Upon entry to the voting place, a media representative shall present his or her news media outlet identification to the Site Coordinator. The Site Coordinator shall record the presence of the media representative(s) and make a determination concerning access and duration thereof.

705.4 Media representatives shall be prohibited from the following activities in any voting place:

Interviewing vote center officials or voters inside the voting place;

Taping of media representative’s remarks inside the voting place;

Impeding the voting process or the work of vote center officials;

Filming or photographing in a way that divulges how an individual is voting; or

(e) Filming or photographing the voter list or other election materials in a way that divulges the name or other registration information of an individual voter.

705.5 No filming or photography of any individual in a voting place, or in the 50 feet abutting an entrance to a voting place, shall be performed unless prior express permission is obtained.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753-55 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 705

3 DCMR § 706 POLL WATCHERS AND ELECTION OBSERVERS

706.1 Each candidate and each proponent or opponent of a proposed ballot measure may petition the Board for credentials authorizing poll watchers at any voting place and/or ballot counting place.

706.2 Persons who wish to witness the administration of elections, including nonpartisan or bipartisan, domestic or international organizations, who are not affiliated with a candidate or ballot measure may petition the Board for credentials authorizing election observers at any voting place and/or ballot counting place.

706.3 Each petition shall be filed with the Board, not less than two (2) weeks before each election and shall be on a form furnished by the Board. The Board reserves the right to accept petitions filed less than two (2) weeks before each election.

706.4 At the time of filing, the poll watcher petition form shall contain the following information:

(a) The name, address, telephone number, and signature of the candidate or ballot measure proponent or opponent (“applicant”);

(b) The office for which the applicant is a candidate or the short title of the measure which the applicant supports or opposes;

(c) The name, address, email address, and telephone number of the poll watcher supervisor, if one is designated by the candidate, proponent, or opponent;

(d) The locations where access credentials are sought;

(e) The names, addresses, email addresses, and telephone numbers of at least two (2) and not more than three (3) persons who are authorized to collect the poll watcher badges from the Board on behalf of the candidate or ballot measure proponent or opponent for distribution to the authorized poll watchers;

(f) The names, addresses, email addresses, and telephone numbers of all persons who will serve as poll watchers on behalf of the candidate or measure proposer or opponent; and

(g) A certificate from the applicant that each poll watcher selected shall conform to the regulations of the Board with respect to poll watchers and the conduct of the election.

706.5 At the time of filing, the election observer petition form shall contain the following:

(a) The name, address, email address, and telephone number of the organization or individual seeking credentials;

(b) The name, address, email address, and telephone number of the election observer supervisor, if a person is designated by an organization;

(d) The locations where access credentials are sought;

(e) The names, addresses, email addresses, and telephone numbers of at least one (1) and not more than three (3) persons who are authorized to collect the election observer badges from the Board on behalf of the organization or individual seeking credentials for distribution to the authorized election observers; and

(f) A certificate from the applicant that each election observer selected shall conform to the regulations of the Board with respect to election observers and the conduct of the election.

706.6 The Board may limit the number of poll watchers or election observers to ensure that the conduct of the election will not be obstructed or disrupted, except that:

(a) Each qualified candidate shall be entitled to one (1) poll watcher in each of the voting places where his or her name appears on the ballot.

(b) Each proponent or opponent of a ballot measure who has timely filed a verified statement of contributions with the Office of Campaign Finance shall be entitled to one (1) poll watcher in each voting place where the ballot measure appears on the ballot.

706.7 The Board and its designees may, at their discretion, rotate credentialed poll watchers and election observers in and out of voting places and/or ballot counting places on an equitable basis in the event of space constraints. The Board and its designees may grant preference to poll watchers over election observers, and organizations over individuals.

706.8 The Executive Director shall make a ruling on poll watcher and election observer petitions not less than ten (10) days prior to an election.

706.9 In making a determination of the number of watchers or observers allowed, the Executive Director shall consider the following:

(a) The number of candidates or requesting organizations;

(b) Whether the candidates are running as a slate;

The physical limitations of the voting places and counting places; and

Any other relevant factors.

706.10 Within twenty-four (24) hours of the denial of a petition for credentials, the Executive Director shall issue public notice of such denial on the Board’s website.

706.11 The Board shall issue a badge for each authorized poll watcher, election observer, or authorized watcher representing the proponents or opponents of ballot measures. A completed badge must include the watcher or observer’s name and the name of the candidate or party represented by the watcher, or any organization being represented by the observer. Badges that do not include this information are incomplete and cannot be used for access to voting or counting places.

706.12 Badges shall be numbered consecutively, and consecutive numbers issued to each candidate, organization, proponent, or opponent.

706.13 All badges shall be worn by the authorized poll watcher or election observer in plain view at all times when on duty at the voting place or counting place.

706.14 An authorized alternate poll watcher or election observer may, in the discretion of the watcher or observer supervisor, be substituted for a watcher or observer at any time; provided, that notice is first given to the designated representative of the Board at the voting place or ballot counting place.

706.15 A poll watcher shall be allowed to perform the following acts:

(a) Observe the count;

(b) Unofficially ascertain the identity of persons who have voted (unless the information needed to do so would undermine the grant of confidential voter status);

(d) Challenge voters in accordance with the procedures specified in this chapter, if the watcher is a registered qualified elector.

706.16 An election observer shall be allowed to perform the following acts:

(a) Observe the count;

(b) Unofficially ascertain the identity of persons who have voted (unless the information needed to do so would undermine the grant of confidential voter status); and

706.17 No poll watcher or election observer shall, at any time, do any of the following:

(a) Touch any official record, ballot, voting equipment, or counting form;

(b) Interfere with the progress of the voting or counting;

(d) Talk to any voter while the voter is in the process of voting, or to any counter while the count is underway; provided, that a watcher or observer may request that a ballot be referred for ruling on its validity to a representative of the Board;

(e) In any way obstruct the election process; or

(f) Use any video or still cameras inside voting and counting locations if such use is determined by the Site Coordinator to be disruptive or to interfere with the election administration process.

706.18 A candidate may not serve as a poll watcher at any voting place.

706.19 If a poll watcher or election observer has any questions, or claims any discrepancy or error in the voting or the counting of the vote, the watcher or observer shall direct the questions or complaint to the Site Coordinator. In each vote center, the Site Coordinator shall be the representative of the Board to whom the poll watchers or election observers shall direct all questions and comments. In counting places, the Executive Director shall identify those representatives to whom poll watchers and election observers shall direct all questions and comments.

706.20 Any poll watcher or election observer who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules contained in this section, or has engaged in some other prohibited activity or misconduct, may be requested to leave the voting place or the counting place.

706.21 If a poll watcher or election observer is requested to leave, that watcher’s or observer’s authorization to use credentials shall be cancelled, and he or she shall leave the voting place or counting place forthwith.

706.22 An authorized alternate poll watcher or election observer may be substituted for a watcher or observer who has been removed.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2482 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7406 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753, 5755 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4249 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123, 11124 (November 26, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 14502 (December 11, 2020); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 706

3 DCMR § 707 POLITICAL ACTIVITY AT VOTING PLACES

707.1 The Site Coordinator shall have full authority to maintain order, pursuant to the Election Act, the regulations contained in this section, and directives of the Executive Director, General Counsel and their designees, including full authority to request police officials to enforce lawful orders of the Site Coordinator.

707.2 The only persons who shall be permitted to be present in voting places or ballot counting places are the following:

(a) Designated representatives of the Board;

(b) Police officers or security personnel engaged by the Board;

(d) Persons actually engaged in voting; and

(e) Other persons authorized by the Board.

707.3 The only activity which shall be permitted in the portion of any building used as a voting place or ballot counting place shall be the conduct of the election. No partisan or nonpartisan political activity, or any other activity which, in the judgment of the Site Coordinator, may directly or indirectly interfere with the orderly conduct of the election, shall be permitted in, on, or within a reasonable distance outside the building used as a voting place or ballot counting place.

707.4 For the purposes of this section, the term “political activity” shall include, without limitation, any activity intended to persuade a person to vote for or against any candidate or measure or to desist from voting.

707.5 The distance deemed “reasonable” shall be approximately fifty feet (50 ft.) from any door used to enter the building for voting. The exact distance shall be determined by the Site Coordinator, depending on the physical features of the building and surrounding area. Wherever possible, the limits shall be indicated by a chalk line, or by some other physical marker at the vote center.

707.6 A voter may bring materials into the voting place for purpose of aiding the voter to cast their ballot, including, but not limited to, sample ballots, candidate pamphlets, or write-in stamps, or other materials. Any items left in the voting place shall be removed and discarded.

707.7 A person shall be warned to cease and desist his or her conduct upon any instance of the following:

(a) Violation of the Election Act or regulations contained in this section;

(b) Failure to obey any reasonable order of the Board or its representative(s); or

(c) Acting in a disorderly manner in, or within a reasonable distance outside the building used as a voting place or ballot counting place.

707.8 If the person committing the violation(s) fails to cease and desist, a member of the Metropolitan Police Department of the District of Columbia shall be requested to evict the person or take other appropriate action.

History

SOURCE: Final Rulemaking published at 39 DCR 2478-79 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7401 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 707

3 DCMR § 708 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 708

3 DCMR § 709 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2482 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7406 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4249 (May 14, 2010); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 709

3 DCMR § 710 CHALLENGE TO VOTER QUALIFICATIONS: IN-PERSON VOTING

710.1 Challenges to voter qualifications where the voter is present at the time of the challenge shall be conducted according to the procedures of this section. Challenges to a voter’s registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur pursuant to the rules in Chapter 5, and may not occur at any voting place.

710.2 Any duly registered voter may challenge the qualifications of a prospective voter in a primary, special, or general election.

710.3 Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge.

710.4 The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.

710.5 After receiving a challenge or making a challenge on his or her own initiative, the Site Coordinator shall give the challenged voter an opportunity to respond.

710.6 The Site Coordinator shall review the evidence presented and shall:

(a) Affirm the challenge upon a finding that it is based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector; or

(b) Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector.

710.7 The Site Coordinator shall record the decision and the rationale for the decision on a form provided by the Board.

710.8 If the Site Coordinator denies the challenge, he or she shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board.

710.9 Any appeal of the Site Coordinator’s decision to deny the challenge shall be made either before the challenged voter casts a ballot, or before either the challenger or the challenged voter leaves the vote center, whichever is earlier.

710.10 If the challenger does not appeal the Site Coordinator’s decision to deny the challenge, the challenged voter shall cast a regular ballot.

710.11 If the challenger appeals the Site Coordinator’s decision to deny the challenge, the Site Coordinator shall state, over the telephone, the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.

710.12 Either a Board member, the Board’s Executive Director, or the Board’s Registrar of Voters may serve as the Board’s hearing officer for the appeal.

710.13 The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation specified in this section of the Site Coordinator’s initial decision to deny the challenge.

710.14 The hearing officer shall take testimony under oath from the challenger, the person challenged, the Site Coordinator, and any witnesses who wish to testify.

710.15 Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board’s voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.

710.16 The hearing officer shall receive evidence and testimony and shall then close the hearing.

710.17 After reviewing all evidence pertaining to the challenge and making a decision based upon their determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, the hearing officer shall either:

(a) Affirm the Site Coordinator’s decision to deny the challenge, in which case the challenged voter shall cast a regular ballot, and the Site Coordinator shall inform the challenger of their right to appeal the decision of the Board hearing officer to the Superior Court of the District of Columbia; or

(b) Overturn the Site Coordinator’s decision to deny the challenge, in which case the challenged voter shall cast a “challenged” special ballot.

710.18 If the Site Coordinator affirms the challenge, or if the Board’s hearing officer overturns the decision of the Site Coordinator to deny a challenge, the Site Coordinator shall allow the challenged voter to cast a “challenged” special ballot.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753-55 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 710

3 DCMR § 711 VOTER’S AFFIRMATION

711.1 When any voter appears to vote, the voter shall state aloud his or her name and address.

711.2 Every eligible elector shall confirm the accuracy of the name, address, party affiliation, and ANC Single-Member District where applicable, before signing the poll book, or other record prescribed by the Board. Such signature shall be deemed an affirmation that the voter’s information is correct as shown on the Board’s records and that the voter is a qualified elector.

711.3 By signing the Special Ballot Envelope, a voter shall affirm the following:

(a) That to the best of his or her knowledge and belief, he or she is a qualified elector and eligible to vote in the election;

(b) That he or she resides at the residence provided; and

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753-55 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 711

3 DCMR § 712 SPECIAL BALLOT APPEAL RIGHTS

712.1 A voter’s act of signing a challenged or Special Ballot Envelope shall be deemed the filing of an appeal by the voter of the refusal by the Board’s Registrar of Voters to permit the voter to vote by regular ballot, and a waiver of personal notice from the Board of any denial or refusal to a later count of the challenged or Special Ballot.

712.2 The Board shall provide the voter, at the time of voting or after a challenge to a mail-in ballot has been upheld pursuant to this chapter, with written notice that indicates the manner by which they may learn whether the Executive Director has decided to count or reject, in whole or in part, the voter’s Special Ballot, and of the dates scheduled for hearings for voters whose Special Ballots are rejected to contest the Executive Director’s preliminary determination if they petition to do so.

712.3 The Board shall enable any voter who has voted a Special Ballot to learn of the Executive Director’s preliminary decision to count or reject their ballot along with the reason(s) for each decision by accessing either a dedicated section of the Board’s website or a telephone service which shall be maintained during regular business hours.

712.4 No earlier than eight (8) days and no later than ten (10) days after the date of any election, the Board shall, upon petition of the voter, conduct a hearing for the voter to contest the Executive Director’s preliminary determination to reject the voter’s Special Ballot.

712.5 The Board shall review the information provided on the Special Ballot Envelope as well as all other available evidence pertaining to the eligibility of each voter casting a Special Ballot, and shall make a decision about whether to count or reject each special ballot.

712.6 At the hearing, the voter may appear and give testimony on the question of the Executive Director’s preliminary decision to reject the Special Ballot.

712.7 The Board shall make a final determination to either count or reject the voter’s Special Ballot no later than the day after the date of the hearing.

712.8 The voter may appeal an adverse decision of the Board to the Superior Court of the District of Columbia within one (1) business day after the date of the Board’s decision. The decision of the court shall be final and not appealable.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753-55 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 14502 (December 11, 2020); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 712

3 DCMR § 713 ASSISTANCE TO VOTERS

713.1 Any voter who requires assistance in voting may be given assistance by a person of the voter’s choice, other than a poll watcher or election observer, the voter’s employer or agent of that employer, or officer or agent of the voter’s union.

713.2 The Board shall ensure that capable assistance shall be made available to any requesting voter.

713.3 The Board shall provide in each voting place one (1) or more election workers specifically trained to assist voters upon their request.

713.4 Any person giving assistance shall assist only upon the request of the voter and in accordance with the wishes of the voter.

713.5 The Site Coordinator shall ensure that a record is made of the provision of such assistance to the voter and the nature of the voter’s need for assistance.

713.6 Assistance provided to a voter may include, though not necessarily be limited to, the following:

(a) Marking the ballot in accordance with the voter’s expressed wishes;

(b) Reading the ballot to a voter whose vision is impaired or who cannot read;

(d) Completing any form for the voter.

713.7 No official providing voter assistance shall in any way influence or attempt to influence a voter’s choice in voting, nor shall the official disclose to anyone how the voter voted.

713.8 Written instructions on how to cast a ballot shall be available to all voters. A trained election worker shall also be available to explain how to cast a ballot.

713.9 All voters shall have the opportunity, if desired, to mark a demonstration ballot prior to entering the voting booth.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2489-90 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 51 DCR 2718 (March 12, 2004); as amended by Final Rulemaking published at 56 DCR 5753, 5756 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4259 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 957 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 713

3 DCMR § 714 SPOILED BALLOTS

714.1 If a voter makes a mistake in marking a ballot or erroneously defaces or tears a ballot, he or she may surrender the spoiled ballot to an election worker, who shall furnish the voter with another ballot.

714.2 The election worker shall request the voter place the spoiled ballots into the spoiled ballot envelope.

714.3 The voter shall seal the envelope and shall return it to the election worker before an additional ballot can be issued.

714.4 An election worker shall not issue more than three (3) ballots (one (1) original, two (2) replacements) to any voter. Before the election worker issues the second (2nd) ballot, the election worker shall inform the voter that the voter may have only one (1) additional ballot after the first (1st) replacement ballot. Before the election worker issues the third (3rd) ballot, the election worker shall inform the voter that it will be the last ballot issued to the voter.

714.5 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2489-90 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4259 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 957 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 714

3 DCMR § 715 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2489-90 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4259 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 957 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 715

3 DCMR § 716 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); ); as amended by Final Rulemaking published at 56 DCR 5753, 5756 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7703 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 716

3 DCMR § 717 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2489-90 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4259 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941, 957 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 717

3 DCMR § 718 ABSENTEE BALLOTS FOR QUALIFIED OVERSEAS ELECTORS

718.1 Qualified overseas electors may request an absentee ballot by using the FPCA as described in § 512, or if already registered, by making a written request to the Board.

718.2 A qualified overseas elector’s request for an absentee ballot may be delivered electronically or by mail.

718.3 A request for an absentee ballot shall be received by no later than the seventh (7th) day preceding the date of the election.

718.4 A request for an absentee ballot from a qualified overseas elector shall include the following:

(a) The voter’s name;

(b) Election(s) for which the absentee ballot is requested;

(d) Voter’s current residence address, if different from the address listed on the Board’s records;

(e) Address to which the absentee ballot shall be delivered;

(f) Preference of either mail or electronic delivery of ballot;

(f) Voter’s driver’s license number, the last four digits of the voter’s social security number, or the voter’s passport number or identification number issued by the Secretary of State;

(g) Voter’s date of birth; and

(h) Voter’s original signature.

718.5 A qualified overseas elector may select to have his or her absentee ballot electronically transmitted or delivered by mail. If no preference is given, the absentee ballot shall be delivered by mail.

718.6 The Board shall transmit blank absentee ballots by no later than 45 days before the election if the blank absentee ballot application is received at least 45 days before a general election. If the request is received less than 45 days before an election for federal office, the Board shall transmit the blank absentee ballot in accordance with District law in a manner that expedites the transmission of the ballot.

718.7 If, after a request for an absentee ballot is made, the qualified overseas elector does not receive an absentee ballot from the Board, the voter may use the Federal Write-In Absentee Ballot, as defined under the Uniformed and Overseas Absentee Citizens Voting Act, as an official ballot.

718.8 A qualified overseas elector may return an absentee ballot to the Board electronically or by mail.

718.9 A qualified overseas elector who submits his or her ballot electronically shall provide and sign the following statement on a separate document: “I understand that by electronically submitting my voted ballot I am voluntarily waiving my right to a secret ballot.”

718.10 All postmarked absentee ballots shall be postmarked not later than the day of the election, and all mailed (postmarked and non-postmarked) absentee ballots shall be received not later than ten (10) days after the election

718.11 The Board will take steps to reasonably investigate the timely completion of non-postmarked absentee ballots by checking tracking numbers or any other information available.

718.12 If the voter chooses to use the Federal Write-In Absentee Ballot, the Board will accept the ballot for all races in which the voter is eligible to cast votes.

History

SOURCE: Final Rulemaking published at 39 D.C. Reg. 2467, 2492-93 (April 10, 1992); as amended by Final Rulemaking published at 51 D.C. Reg. 7417 (July 30, 2004); as amended by Final Rulemaking published at 56 D.C. Reg. 5753, 5757 (July 17, 2009); and as amended by Final Rulemaking published at 57 D.C. Reg. 4245, 4269 (May 14, 2010).

3 DCMR § 719 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2480 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7403 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4248 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 719

3 DCMR § 720 ABSENTEE VOTING

720.1 The rules of this section shall govern the process by which eligible electors cast a ballot outside of a voting place (“absentee voting”).

720.2 A qualified federal elector may request an absentee ballot for any primary or general election for the office of President and Vice President of the United States.

720.3 Any duly registered voter may request an absentee ballot for any of the following:

Any single election;

All elections in a calendar year; or

All future elections that the voter may be eligible to vote (permanent request).

720.4 A duly registered voter’s request to permanently receive an absentee ballot shall be honored until:

The voter submits a written request to no longer receive absentee ballots;

The voter is no longer a qualified elector;

Any mail sent to the voter is returned to the Board as undeliverable; or

The voter fails to return a voted absentee ballot for two back-to-back elections in which he or she is eligible to vote.

720.5 A duly registered voter or qualified federal elector may submit a written request for an absentee ballot electronically, by mail, or in-person at the Board’s office. Qualified uniformed services and overseas voters may request an absentee ballot by using the Federal Post Card Application (FPCA) or the declaration accompanying a Federal Write-In Absentee Ballot (FWAB declaration). All requests for absentee ballots shall be received by the Board no later than the fifteenth (15th) day preceding the date of the election, except that requests for absentee ballots from qualified uniformed services and overseas voters shall be received no later than the third (3rd) day preceding the date of the election.

720.6 No person shall be permitted to execute an application for an absentee ballot for another registered voter.

720.7 A request for an absentee ballot shall include the following:

(a) The voter’s name;

(b) Election(s) for which the absentee ballot is requested;

(d) Voter’s current residence address, if different from the address listed on the Board’s records;

Address to which the absentee ballot shall be delivered, if applicable;

(f) Voter’s DMV-issued identification number, the last four (4) digits of the voter’s social security number, or the voter’s unique voter identification number issued by the Board;

(g) Voter’s date of birth; and

(h) Voter’s signature, whether original or as a digitized image given directly by the applicant or received on behalf of the applicant through the Department of Motor Vehicles.

720.8 A qualified uniformed services or overseas voter may choose to have his or her absentee ballot electronically transmitted or delivered by mail. If no preference is given, the absentee ballot shall be delivered by mail.

720.9 An absentee ballot request from a uniformed services or overseas voter shall be treated as a valid, standing request for an absentee ballot for any and all elections that fall within the election cycle in which the request was received, unless the voter requests absentee ballots for a different time period.

720.10 If a duly registered voter who requests an absentee ballot provides a residence address that is different from the residence address listed on the Board’s records, the application for an absentee ballot shall also be considered a request for a change of address.

720.11 Prior to returning the voted absentee ballot to the Board, a voter shall confirm the accuracy of his or her name, address, party affiliation, and ANC Single-Member District, where applicable, as it appears on the Board’s records by signing either the absentee ballot envelope. The voter’s signature shall be deemed an affirmation that the voter’s information is correct as shown on the Board’s records and that the voter is a qualified elector.

720.12 An absentee ballot may be returned to the Board by:

Mail, provided it is postmarked or otherwise demonstrated to have been sent on or before the day of the election and received by no later than the 10th day after Election Day;

(b) Delivery to any voting place at any time before the close of the polls on Election Day;

Fax or email (electronically) in the case of a qualified uniformed services or overseas voter, provided it is received no later than 8:00 p.m. on Election Day; or

Use of the Board’s accessible remote ballot service in the case of a voter

with disabilities, provided it is received no later than 8:00 p.m. on Election Day.

720.13 A qualified uniformed services or overseas voter who submits his or her voted ballot electronically shall provide and sign the following statement on a separate document: “I understand that by electronically submitting my voted ballot I am voluntarily waiving my right to a secret ballot.”

History

SOURCE: Final Rulemaking published at 39 DCR 2467 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7414 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123 (November 26, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 941 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 10944 (September 11, 2020); as amended by Final Rulemaking published at 67 DCR 14502 (December 11, 2020); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 720

3 DCMR § 721 CHALLENGE TO VOTER QUALIFICATIONS: ABSENTEE VOTING

721.1 The provisions of this section are inapplicable to absentee ballot requests submitted by covered voters, as that term is defined in D.C. Official Code § 1-1061.02(2).

721.2 Challenges to voter qualifications where the voter seeks to cast an absentee ballot shall be conducted according to the procedures of this section. Challenges to the qualifications of an elector who seeks to cast an emergency absentee ballot are specifically exempted. Challenges to a voter’s registration, as described in D.C. Official Code § 1-1001.07(e)(5), may occur only pursuant to the provisions of Chapter 5.

721.3 The Board shall post in its office a list of all prospective voters who have submitted requests for absentee ballots for three (3) days beginning on the seventh (7th) day preceding an election.

721.4 During the three (3) day posting period, any duly registered voter may challenge the qualifications of any prospective voters who have submitted requests for absentee ballots.

721.5 Any challenge to the qualifications of a prospective voter shall be in writing on a form provided by the Board, and shall indicate the name of the person challenged, the basis for the challenge, and the evidence provided to support the challenge. The challenge form shall be submitted in-person at the Board’s Office.

721.6 The challenger shall also sign an affidavit declaring under penalty of perjury that the challenge is based upon substantial evidence which he or she believes in good faith shows that the person challenged is not a qualified elector of the District.

721.7 The voter’s signature on the request for an absentee ballot shall serve as an affidavit from the voter that he or she is a qualified elector of the District.

721.8 On the same day that the challenge is submitted at the Board’s Office, the absentee ballot official shall review the evidence presented and shall:

(a) Affirm the challenge upon a finding that it is based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, or;

(b) Deny the challenge upon a finding that it is not based on substantial evidence specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector.

721.9 The absentee ballot official shall record the decision and the rationale for the decision on a form provided by the Board.

721.10 If the absentee ballot official denies the challenge, the absentee ballot official shall inform the challenger that the challenger may appeal the decision to the Board and shall give the challenger copies of the rules regarding challenges and appeals to the Board. Any appeal from a decision to deny the challenge must be made immediately.

721.11 If the challenger does not appeal the absentee ballot official’s decision to deny the challenge, the absentee ballot shall be counted as a regular ballot.

721.12 If the challenger appeals the absentee ballot official’s decision to deny the challenge, the absentee ballot official shall state the facts of the case to a Board hearing officer authorized to rule on the appeal for the Board.

721.13 Either a Board member, the Board’s Executive Director, or the Board’s Registrar of Voters official may serve as the Board’s hearing officer for the appeal.

721.14 The hearing shall be recorded and transcribed, and the transcript shall serve as the official case record, along with the written documentation of the absentee ballot official’s initial decision to deny the challenge.

721.15 The hearing officer shall take testimony under oath from the challenger, the challenged voter (if available), the absentee ballot official, and any witnesses who wish to testify.

721.16 Each person who testifies before the hearing officer shall state for the record their name as recorded on the Board’s voter registration list, their residence address, mailing address and telephone number, and their role in the challenge.

721.17 The hearing officer shall receive evidence and testimony and shall then close the hearing.

721.18 After reviewing all evidence pertaining to the challenge and making a decision based upon his or her determination of whether the challenger has presented substantial evidence that is specific to the voter being challenged and probative of the challenged voter’s status as a qualified elector, the hearing officer shall either:

Affirm the absentee ballot official’s decision to deny the challenge, in which case the challenged voter’s absentee ballot shall be counted as a regular ballot; or

Overturn the absentee ballot official’s decision to deny the challenge, in which case the challenged voter’s absentee ballot and envelope shall be considered a special ballot and envelope.

721.19 If the absentee ballot official affirms the challenge, or if the Board’s hearing officer overturns the decision of the absentee ballot official to deny a challenge, the voter’s absentee ballot and envelope shall be considered a special ballot and envelope, marked and processed as such.

History

SOURCE: Final Rulemaking published at 42 DCR 2489, 2495-98 (May 19, 1995); as amended by Final Rulemaking published at 51 DCR 7419 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753, 5757 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4273 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123, 11142 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 721

3 DCMR § 722 [REPEALED]

History

SOURCE: Final Rulemaking published at 42 DCR 2489 (May 19, 1995); as amended by Final Rulemaking published at 51 DCR 7419 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753, 5757 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 4245, 4273 (May 14, 2010); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123, 11142 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 722

3 DCMR § 723 [REPEALED]

History

SOURCE: Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123, 11142 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 723

3 DCMR § 724 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2500-01 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7422 (July 30, 2004); as amended by Final Rulemaking published at 56 DCR 5753, 5758 (July 17, 2009); as amended by Final Rulemaking published at 57 D.C. Reg. 4245, 4276 (May 14, 2010).Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11123, 11142 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 724

3 DCMR § 725 [REPEALED]

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2501 (April 10, 1992); as amended by Final Rulemaking published at 51 DCR 7423 (July 30, 2004); as amended by Final Rulemaking published at 57 DCR 4245, 4276 (May 14, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 725

3 DCMR § 726 LEAVE TO VOTE POSTING REQUIREMENTS

726.1 The Board shall make the notice required by D.C. Official Code § 1-1007a(b)(5) available to employers by placing the notice on the Board’s website in a downloadable format.

726.2 Employers may download the notice from the Board’s website or request the notice by sending an email to communications@dcboe.org.

726.3 Employers shall post the notice no later than 60 days before all scheduled elections, including any special elections.

726.4 Every employer shall post and maintain the notice in a conspicuous and accessible place in or about the premises at which any employee is employed.

726.5 For employees who work remotely, or if no conspicuous and accessible place exists, employers shall meet the notice requirements by providing the notice to their employees by any other reasonable means provided that the employee signs a statement acknowledging receipt of the notice.

History

SOURCE: Final Rulemaking published at 71 DCR 005419 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 726

3 DCMR § 727 REQUESTS FOR LEAVE TO VOTE

Upon an employee’s request, an employer shall provide the employee at least two

hours of paid leave to vote in an election in which the employee is eligible to vote.

727.2 An employer may require an employee to request leave to vote a reasonable time in advance of the timeframe sought for leave.

727.3 An employee’s request for leave to vote is made a reasonable time in advance if:

The request is consistent with an existing employee leave policy; or

(b) In the absence of an employee leave policy, the request is made no later than seven (7) days before the time requested to vote.

727.4 In response to a request for leave to vote, an employer may specify the hours during the in-person voting period in which the employee may take leave to vote.

727.5 Upon a student's request, an educational institution shall provide the student at least two hours of leave to vote in an election in which the student is eligible to vote.

727.6 In response to a request for leave to vote, an educational institution may specify the hours during the in-person voting period in which the student may take leave to vote.

History

SOURCE: Final Rulemaking published at 71 DCR 005419 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 727

3 DCMR § 728 LEAVE TO VOTE ENFORCEMENT

728.1 Any employee or student who believes their rights under the Leave to Vote Act have been violated may initiate a complaint with the Board pursuant to the procedures set forth in Chapter 4 of this title.

728.2 An employee or student shall file the complaint within fourteen (14) days after the date(s) of the alleged violation(s).

728.3 In a complaint filed under this chapter, each allegation by an employee or student shall constitute a separate violation.

728.4 Pursuant to D.C. Official Code § 1-1001.18, the Board may impose a civil fine of up to $2,000 upon a determination made pursuant to Chapter 4 of Title 3 DCMR that a violation of a provision of the Leave to Vote Act has occurred.

History

SOURCE: Final Rulemaking published at 71 DCR 005419 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 728

3 DCMR § 729 RANKED CHOICE VOTING

729.1 This section applies to all primary, special, and general elections conducted using ranked choice voting (RCV) pursuant to D.C. Official Code § 1-1001.08a.

729.2 For purposes of this section, the terms outlined in D.C. Official Code § 1-1001.08a(a) through (l) and D.C. Official Code § 1-1001.02(38) - (48) shall have the same meanings when used in this chapter.

729.3 Each ballot used in an election conducted using RCV shall permit a voter to rank up to five (5) candidates, or as many candidates as are in the contest if more than two but fewer than five (5), consistent with D.C. Official Code § 1-1001.08a(b).

729.4 Each ballot shall include instructions informing the voter of the matters outlined in D.C. Official Code § 1-1001.08a(c), as approved by the Board following usability testing and ballot certification.

729.5 In each round of tabulation in a contest conducted using RCV, each ballot shall count as one (1) vote for the highest-ranked active candidate on that ballot, unless the ballot is inactive.

729.6 An inactive ballot is a ballot that contains:

No ranked active candidate;

(b) An overvote at the highest ranking of active candidates; and/or

729.7 Once a ballot becomes inactive, it shall remain inactive for the remainder of the tabulation.

729.8 An undervote is a ballot that does not contain any candidates at any ranking in a particular contest.

729.9 An undervote shall not count for any candidate in any round.

729.10 Tabulation shall proceed in rounds, as defined in D.C. Official Code § 1-1001.02(45), and shall proceed sequentially in accordance with the applicable subsection of the statute.

729.11 An overvote occurs when a voter selects more than one candidate at the same ranking, meaning multiple selections appear in the same ranking column.

729.12 An overvote shall:

(a) Invalidate the ranking at which it occurs and any subsequent rankings; and

(b) Cause the ballot to become inactive and prevent any subsequent rankings from being counted if it occurs at the highest ranking of any active candidate on a ballot.

729.13 A skipped ranking occurs when a voter leaves a ranking unassigned and ranks a candidate at a subsequent ranking.

729.14 A skipped ranking shall not, by itself, invalidate a ballot.

729.15 If a ballot contains two (2) or more sequential skipped rankings before its highest-ranked active candidate, the ballot shall become inactive at the point of the sequential skip, and no subsequent rankings shall be counted.

729.16 A repeated ranking occurs when a voter selects the same candidate at more than one ranking, meaning multiple selections appear in the same candidate’s row.

729.17 In the case of a repeated ranking:

The ballot shall count for that candidate only at the candidate’s highest ranking on the ballot; and

(b) A candidate’s second (or lower) rankings shall not be considered skipped rankings for purposes of the sequential skipped ranking rule defined in Subsection 729.15 of this section.

729.18 In RCV single-winner contests (governed by D.C. Official Code § 1-1001.08a(d) and (g)):

If a candidate receives a majority of votes among active candidates in any round of tabulation, that candidate shall be elected or nominated, and tabulation shall be complete;

If no candidate receives a majority of votes among active candidates in a round of tabulation, the active candidate with the fewest votes shall be defeated; and

Each vote for the defeated candidate shall be transferred to the next-ranked active candidate on the ballot, if any, and a new round of tabulation shall begin.

729.19 In RCV contests for at-large members of the Council of the District of Columbia (governed by D.C. Official Code § 1-1001.08a(e)):

If there are two (2) or fewer active candidates in any round, the candidates shall be elected, and tabulation shall be complete;

If there are more than two (2) active candidates in a round, the active candidate with the fewest votes shall be defeated; and

Each vote for the defeated candidate shall be transferred to the next-ranked active candidate on the ballot, if any, and a new round of tabulation shall begin.

729.20 In RCV presidential preference primary election contests in which delegates are awarded to multiple candidates on a proportional basis (governed by D.C. Official Code § 1-1001.08a(f)):

If the percentage of total votes cast for each active candidate is above the applicable party threshold for receiving delegates, tabulation shall be complete;

If one or more active candidates are below the applicable party threshold, the active candidate with the fewest votes shall be defeated; and

Each vote for a defeated candidate shall be transferred to the next-ranked active candidate on the ballot, if any, and a new round of tabulation shall begin.

729.21 In RCV presidential preference primary election contests where delegates are awarded to a single candidate on a winner-take-all basis (governed by D.C. Official Code § 1-1001.08a(g)), tabulation shall proceed in accordance with subsection 729.18 of this section.

729.22 In any general election contest for president using RCV where the appointment of presidential electors is governed by D.C. Official Code § 1-1051.01:

The certification of the appointment of electors shall be made in accordance with D.C. Official Code § 1-1051.01; and

The final determination of the presidential vote count reported and certified to the States that have enacted § 1-1051.01 shall be the votes received in the final round of tabulation by each slate of candidates for the offices of President and Vice President of the United States that received votes in the final round of tabulation.

729.23 If two (2) or more active candidates are tied for the fewest votes and tabulation cannot continue until one candidate is eliminated, the candidate to be defeated shall be determined by lot using an automated procedure established by the Board, in accordance with D.C. Official Code § 1-1001.08a(j).

729.24 If two (2) or more candidates are tied for the greatest number of votes and the tie must be resolved to determine the winner or nominee, the tie shall be resolved pursuant to D.C. Official Code § 1-1001.10(c), except as otherwise provided in D.C. Official Code § 1-1001.08a(l)(3).

729.25 The Board shall maintain round-by-round tabulation records sufficient to permit public understanding of the tabulation process and post-election review.

729.26 For purposes of this section, a “write-in nominee” means an individual whose name is written on the ballot by a voter in a primary, general, or special election and whose eligibility as a candidate in the election has not been determined by the Executive Director or his or her designee.

729.27 For purposes of this section, a “write-in candidate” means an individual who has been nominated by at least one write-in vote and who has perfected his or her candidacy by filing an Affirmation of Write-In Candidacy form with the Board prior to the statutory deadline.

729.28 For the purposes of this section, “write-in rankings” are rankings for either write-in nominees or write-in candidates that have not been disaggregated.

729.29 If multiple individuals whose names are written on the ballot by a voter in a primary, general, or special election are ranked in a contest, only the highest of these rankings shall count, and all other rankings shall be treated as rankings of write-in nominees regardless of whether multiple names were written in by the voter.

729.30 An overvote that includes a write-in nominee shall constitute an overvote for purposes of Subsections 729.11 and 729.12 of this section.

729.31 A write-in nominee shall not be considered a skipped ranking for purposes of the sequential skipped ranking rule defined in Subsection 729.15 of this section.

729.32 If the deadline to file an Affirmation of Write-in Candidacy has passed and there are no write-in candidates in a contest, all write-in rankings shall be eliminated in the first round of tabulation, and the votes associated with those rankings shall be transferred to each ballot's next-ranked active candidate, if any.

729.33 When tabulating a ranked choice voting contest under D.C. Official Code § 1-1001.08a(d) or (g):

Rankings for write-in candidates shall be tabulated according to the same rules that apply to qualified ballot access candidates, and write-in nominees shall be eliminated in the first round of tabulation if:

there is at least one write-in candidate;

the combined first-round write-in total ranks first, second, or third among all candidates; and

(3) that total exceeds the first-round total of at least one qualified ballot access candidate.

(b) If the deadline to file an Affirmation of Write-in Candidacy has not passed, there are no write-in candidates, and the conditions in paragraphs (a)(2) and (a)(3) of this subsection are satisfied, write-in rankings shall be tabulated according to the same rules that apply to qualified ballot access candidates.

If neither paragraph (a) nor (b) of this subsection applies, all write-in rankings shall be eliminated in the first round of tabulation, and the votes associated with those rankings shall be transferred to each ballot's next-ranked active candidate, if any.

729.34 When tabulating a ranked choice voting contest under D.C. Official Code § 1-1001.08a(e):

(a) Rankings for write-in candidates shall be tabulated according to the same rules that apply to qualified ballot access candidates, and write-in nominees shall be eliminated in the first round of tabulation if:

there is at least one write-in candidate;

the combined first-round write-in total ranks first, second, third, or fourth among all candidates; and

(3) that total exceeds the first-round total of at least one qualified ballot access candidate.

(c) If neither paragraph (a) nor (b) of this subsection applies, all write-in rankings shall be eliminated in the first round of tabulation, and the votes associated with those rankings shall be transferred to each ballot's next-ranked active candidate, if any.

729.35 When tabulating a ranked choice voting contest under D.C. Official Code § 1-1001.08a(f):

there is at least one write-in candidate;

the combined first-round write-in total either meets or exceeds the party's threshold for receiving delegates; and

that total exceeds the first-round total of at least one qualified ballot access candidate.

(c) If neither paragraph (a) nor (b) of this subsection applies, all write-in nominees shall be eliminated in the first round of tabulation, and the votes associated with those nominees shall be transferred to each ballot's next-ranked active candidate, if any.

729.36 Upon completion of tabulation, the Board shall certify the results in accordance with applicable law.

729.37 The Board shall preserve all ballots, cast vote records, tabulation reports, tabulation configuration records, and other election materials used in an RCV contest in accordance with applicable District law.

729.38 Records preserved pursuant to this section shall be sufficient to permit:

Reproduction of the round-by-round tabulation conducted pursuant to this section; and

Verification of compliance with D.C. Official Code § 1-1001.08a.

729.39 For each RCV contest, the Board shall produce a tabulation report that includes, at a minimum:

The vote total credited to each active candidate in each round of tabulation;

Identification of the active candidate defeated in each round, if any;

The number of votes transferred from the defeated candidate to each remaining active candidate in the subsequent round;

The number of ballots that became inactive in each round, including the aggregate number of inactive ballots; and

The final round totals upon which certification is based.

729.40 The Board shall make the tabulation report publicly available in a format that permits public understanding of the tabulation process, subject to applicable law governing voter privacy and election security.

729.41 The Board may generate and retain cast vote records for RCV contests to support tabulation, recounts, audits, and post-election review.

729.42 If cast vote records are released publicly, the Board shall apply reasonable safeguards to protect voter anonymity and prevent re-identification, consistent with applicable law.

729.43 If a recount is authorized or required under District law for an RCV contest, the recount shall be conducted using the same tabulation rules outlined in D.C. Official Code § 1-1001.08a and this section.

729.44 A recount conducted pursuant to this section shall:

Preserve chain-of-custody requirements for ballots and election materials;

Apply the same standards for determining inactive ballots, overvotes, skipped rankings, and undervotes as were applied in the original tabulation; and

Produce a revised round-by-round tabulation record reflecting the recount.

729.45 Nothing in this section shall be construed to modify, expand, or limit the recount authority, thresholds, procedures, or finality outlined in Sections 814 – 816 of this title, or to authorize the use of a tabulation method not permitted by statute.

729.46 The Board shall conduct post-election audits required by District law and may conduct additional audits of RCV contests to promote public confidence in election outcomes, provided that such audits are consistent with applicable law.

729.47 Post-election audits of RCV contests shall be conducted in accordance with the audit procedures established by District law. Such audits may include, as appropriate:

Comparison of voter-verifiable paper ballots to corresponding cast vote records for a sample of ballots;

Verification that the tabulation configuration and software used in the election correspond to the certified voting system; and

729.48 A post-election audit conducted pursuant to this section shall not alter the statutory tabulation rules or the outcome of an election unless otherwise authorized by law.

729.49 The Board shall maintain documentation and records concerning RCV contests for 22 months after the election in which they are held.

History

SOURCE: Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 729

3-8 TABULATION AND CERTIFICATION OF ELECTION RESULTS

3 DCMR § 800 VOTING SYSTEM STANDARDS

800.1 Each voting system used in an election in the District of Columbia shall:

(a) Meet or exceed the voting system standards set forth in the Help America Vote Act of 2002, approved October 29, 2002 (116 Stat. 1666; 42 U.S.C. §§ 15301 et seq.), and/or be federally certified;

(b) Create a voter-verifiable record of all votes cast;

(c) Be capable without further modification of creating, storing, and exporting an anonymous separate machine record of each voter-verifiable record, showing each choice made by the voter;

(d) Produce an input to or generate a final report of the election, and interim reports as necessary;

(e) Generate system status and error messages;

(f) Produce an audit log;

(g) Accommodate interactive visual and non-visual presentation of information to voters;

(h) Permit voting in absolute secrecy and be constructed so that no person can see or know for whom any other elector has voted or is voting, except when a voter requests assistance pursuant to § 710;

(i) Permit each elector to vote at any election for all persons and offices for whom and for which the elector is lawfully entitled to vote, whether or not the name of any such person appears pre-printed on a ballot;

(j) Preclude each elector from voting for any candidate or upon any question for whom or upon which the elector is not entitled to vote, from voting for more persons for any office than the elector is entitled to vote for, and from voting for any candidates for the same office upon any question more than once;

(k) Permit each elector to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;

(l) Permit each elector to change the elector’s vote for any candidate or upon any ballot question, up until the time the elector casts and records the elector’s vote;

(m) Be durably constructed of material of good quality, and in a form that shall be safely transportable;

(n) Be constructed that a voter can quickly and easily learn the method of operating it and cast a vote for all candidates of the voter’s choice, and when operated properly shall register and record correctly and accurately every vote cast:

(o) Not provide to a voter any type of receipt or voter confirmation that the voter legally may retain after leaving the vote center; and

(p) Provide locks and seals by which, immediately after the polls are closed or the operation of the machine is completed, no further changes to the internal counters can be allowed.

800.2 The Executive Director, or his or her designee, shall complete acceptance testing of new voting equipment to ensure that each unit of voting equipment meets or exceeds the voting system standards described in this section and any other specifications required by procurement contract.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1230-31 (March 21, 1980); as amended by Final Rulemaking published at 27 DCR 2763 (June 27, 1980); incorporating text at Proposed Rulemaking published at 27 DCR 1929, 1934-35 (May 9, 1980); as amended by Final Rulemaking published at 35 DCR 5454, 5458 (July 15, 1988); as amended by Final Rulemaking published at 51 DCR 5062-5063 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7425-7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 800

3 DCMR § 801 PRE-ELECTION LOGIC AND ACCURACY TESTING

801.1 In preparation for any election, Board employees shall conduct complete testing of the automatic tabulation system before the use of the system.

801.2 Before each election, every unit of voting equipment shall be subject to public testing referred to as logic and accuracy testing (“L&A testing”).

801.3 Notice of the L&A testing period shall be provided to candidates, proponents and opponents of measures, party officials, the news media, and to any other public representatives the Board deems appropriate, at least seven (7) days before the L&A testing period begins.

801.4 Notice of the final public L&A test shall be provided to candidates, proponents and opponents of measures, party officials, the news media, and to any other public representatives the Board deems appropriate, at least forty-eight (48) hours before the final public L&A test shall occur.

801.5 An L&A test shall verify the conditions required of the voting equipment, and that each unit of voting equipment is correctly configured for the specifics of that election. Conditions required of the voting equipment are:

(a) Each unit of voting equipment contains correct ballot information, including the names or texts of all applicable candidates, contests, and ballot questions;

(b) Tabulation is accurate and consistent; and

(c) All required components of the voting equipment, including specifications mandated by the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., are functional.

801.6 Each unit of voting equipment shall be tested by recording test votes from a predetermined script, verifying that it is possible to vote for each candidate or each answer to a question on the ballot, and that these votes are tabulated correctly.

801.7 The predetermined script shall include valid votes, overvotes, and blank votes for each candidate and each answer to a ballot question.

801.8 Equipment shall not be approved unless it produces the exact count of the predetermined script, rejects all improper votes, and meets all other test criteria. If a unit of voting equipment fails L&A testing, it shall not be used in the election and shall be subject to review.

801.9 The final public L&A test shall conclude by setting all vote totals to zero and emptying the physical or electronic ballot boxes, and then sealing the systems prior to their official use for the election.

801.10 After the final public L&A test has been successfully completed, all test votes, test results, and the computer programs tested shall be kept in sealed containers and shall not be removed from such containers except in the presence of two or more witnesses not affiliated with the Board, or two (2) or more credentialed election observers or poll watchers not of the same political party or organizational affiliation.

801.11 The voting equipment configuration tested during the L&A testing period shall be the same configuration used during the early voting period and on Election Day.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1230-31 (March 21, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5299 (October 14, 1983); as amended by Final Rulemaking published at 51 DCR 5062-5063 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7425-7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149, 11151 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 801

3 DCMR § 802 VALIDITY OF BALLOTS

802.1 The Executive Director, or his or her designee, shall make determinations on the validity of ballots.

802.2 Any election official who is uncertain whether a ballot is partially or totally invalid shall refer the ballot to the Executive Director, or his or her designee, for a determination.

802.3 Any poll watcher or election observer who is uncertain whether a ballot is partially or totally invalid may refer the ballot to the Executive Director, or his or her designee, for a determination.

802.4 Except as provided in this section, only official ballots shall be valid and counted. An official ballot is a sheet of paper, or electronic card, filmstrip or other device that has been approved by the Board for use during an election on which votes are recorded and stored for purposes of tabulation.

802.5 If a qualified uniformed services or overseas voter chooses to use a Federal Write-In Absentee Ballot, or chooses to electronically submit his or her ballot, it shall be duplicated for all eligible contests, and the duplicated ballot shall be treated as an official ballot and deemed valid.

802.6 If a vote center was authorized by the Board to use reproductions of official paper ballots because of an emergency, the reproductions shall be duplicated and the duplicated ballots shall be considered official ballots and deemed valid.

802.7 If a ballot marked "Challenged" or "Special" is placed in a ballot box and received at a counting place other than in a Special Ballot Envelope, it shall be deemed invalid.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222 (March 21, 1980); as amended by Final Rulemaking published at 30 DCR 5289 (October 14, 1983); as amended by Final Rulemaking published at 51 DCR 5063 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149, 11151 (November 26, 2010); as amended by Emergency and Federal Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 969 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 802

3 DCMR § 803 VALIDITY OF VOTES

803.1 Overvotes or otherwise improper votes shall be deemed invalid and not counted. Improper votes shall include, but are not limited to, votes which the voter is not lawfully able to cast.

803.2 Any overvote or otherwise improper vote in one (1) or more contests shall not invalidate the entire ballot but only the votes cast in that contest. All correctly cast votes on such a ballot shall be counted. The number of votes rejected because of overvote or otherwise improper vote shall be reported.

803.3 An undervote shall not invalidate the entire ballot, except that a ballot cast without any marks shall not be tallied. If a voter fails to mark a choice for a contest or ballot question, only those contests and questions that were unmarked shall not be counted.

803.4 A write-in vote shall not be adjudged valid, and shall not be tallied and recorded, unless the voter has written, or used a stamp to imprint, the name of the write-in candidate on a blank line provided for write-in voting and has not marked the voting position on an equal number of votes allowed for that office. Any write-in vote cast using a sticker or adhesive label shall be invalid.

803.5 When a voter writes a person's name in the proper space for write-ins for an office, it is a vote for that person, notwithstanding:

(a) The appearance of that person's name in pre-printed form on the ballot as a candidate for the same office;

(b) The voter's failure to fill in the empty oval which appears to the left of the candidate's pre-printed name; or

(c) The voter's failure to fill in the empty oval which appears to the left of the space designated for write-in candidates.

803.6 In the case of a write-in vote, no ballot should be regarded as defective due to unclear writing, misspelling of a candidate’s name, or by abbreviation, addition, omission or use of a wrong initial in the name, so long as voter intent can be determined.

803.7 If a voter circles a candidate’s name, draws an arrow pointing to a candidate's name, circles the empty oval to the left of the candidate's name, uses a check, asterisk, or any other mark in a manner that clearly indicates his or her intended choice, the vote shall count as a vote for that candidate, provided, that the mark is not a distinguishing mark as defined in § 803.9.

803.8 A ballot properly marked by filling in the empty oval to the left of the candidate or ballot question is valid even though it contains an additional mark, provided that the additional mark is not a distinguishing mark as defined in § 803.9.

803.9 A distinguishing mark is a mark (whether a letter, figure, or character) that serves to separate and distinguish a particular ballot from other ballots cast at the election. The mark itself shall be to furnish evidence of an unlawful intention on the part of the voter to identify the ballot after the vote has been cast, such as the voter's initials, or a mark known to belong to the voter.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222 (March 21, 1980); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 803

3 DCMR § 804 MARKING OF BALLOTS BY ELECTION OFFICIALS

804.1 No election official shall make a mark on any ballot, except for the following reasons:

(a) Upon the voter’s request, to assist a voter with the act of voting;

(b) To note whether a ballot is partially or totally invalid;

(d) To facilitate vote counting procedures, when authorized by the Executive Director or his or her designee.

804.2 The notations of validity or invalidity shall be contained within administrative procedures.

History

SOURCE: Final Rulemaking published at 35 DCR 2006, 2016 (March 11, 1988); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 804

3 DCMR § 805 SPECIAL BALLOT BOX INSPECTION

805.1 A special ballot box inspection team shall perform the following functions for the ballots of each vote center:

(a) Open special ballot box containers and remove all ballot envelopes;

(b) Separate all ballot envelopes into two (2) groups:

(1) Special ballot envelopes; and

(2) Mail-in ballot envelopes which were delivered to a polling place.

805.2 Members of the special ballot box inspection team shall not open any ballot envelopes but shall deliver them unopened to a representative designated by the Executive Director.

805.3 Special ballot envelopes gathered pursuant to this section shall be processed in conformity with § 807.

805.4 [REPEALED]

805.5 Mail-in ballot envelopes gathered pursuant to this section shall be processed in conformity with § 808.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1243-44 (March 21, 1980); as amended by Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1938 (May 9, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5300 (October 14, 1983); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 805

3 DCMR § 806 TABULATION PROCEDURES

806.1 The tabulation of votes cast on Election Day shall be started immediately after the close of polls, and shall be conducted under the direct supervision of the Executive Director or his or her designee. The tabulation of votes cast before Election Day may begin prior to the close of polls on Election Day, provided that no tabulation results may be released to the public until after the close of polls on Election Day.

806.2 Whenever votes are counted by machines, the Executive Director shall utilize personnel qualified to operate the system. Additional personnel may be employed to perform such tasks as may be deemed necessary by the Executive Director.

806.3 Only those persons authorized by the Board, including credentialed poll watchers and election observers, shall be admitted to the Counting Center while tabulation is in progress.

806.4 All valid ballots shall be counted by mechanical tabulation unless otherwise determined by the Executive Director.

806.5 Special Ballots, together with any damaged ballots received from the vote centers, shall be tabulated separately at a time designated by the Executive Director.

806.6 The valid votes recorded on damaged ballots shall be reproduced on duplicate ballots with the original and the reproduced ballots marked for identification with corresponding serial numbers. This process may be observed by poll watchers, election observers, and authorized watchers representing the proponents or opponents of ballot measures.

806.7 The reproduced duplicate ballots, which have converted the votes on the damaged ballots to a machine readable form, shall be tabulated by machine.

806.8 Federal write-in absentee ballots shall be reproduced and tabulated in the same manner as damaged ballots, in accordance with §§ 806.6 - 806.7.

806.9 [REPEALED]

806.10 A count of the number of ballots tallied for a precinct, ballots tallied by groups of precincts and city-wide, shall be accumulated.

806.11 The total of votes cast for each candidate whose name appears pre-printed on the ballot shall be calculated by precinct and city-wide.

806.12 The total number of write-in votes marked by voters shall be reported for each contest.

806.13 The total number of votes cast for each write-in nominee shall be calculated only in contests where at least one individual has timely filed an Affirmation of Write-in Candidacy in accordance with Section 602 of this title, and:

There is no candidate printed on the ballot in order to determine a winner, or;

The total number of write-in votes reported, under § 806.12, is sufficient to elect a write-in candidate.

806.14 Following tabulation of all ballots, a consolidated report shall be produced showing the total votes cast and counted for all offices and ballot questions. Unless otherwise mandated by the Board, the consolidated ballot report shall be made by precinct.

History

SOURCE: Final Rulemaking published at 32 DCR 3824, 3829 (July 5, 1985); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7081 (August 6, 2010) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 63 DCR 14814 (December 2, 2016); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 806

3 DCMR § 807 SPECIAL BALLOT TABULATION

807.1 The review and tabulation of Special Ballots shall:

(a) Be conducted separately from the review and tabulation of all other ballots;

(b) Be conducted publicly; and

(c) Otherwise be conducted in the same manner as regular ballots, insofar as those procedures do not conflict with the provisions of this section.

807.2 All Special Ballot Envelopes shall remain sealed until the voter’s eligibility has been preliminarily determined by the Executive Director.

807.3 A Special Ballot shall be eligible to be tabulated when the Executive Director has verified that the voter is eligible in accordance with Subsection 700.5 of this Title.

807.4 Not later than the seventh (7th) day after each election, the Executive Director shall issue preliminary determinations to count or reject each Special Ballot cast during an election.

807.5 The Executive Director or his or her designee shall record on the back of the Special Ballot Envelope whether the Special Ballot was accepted, either in full or in part, or rejected and, if rejected, the reason why the Special Ballot was rejected.

807.6 If the Executive Director rejects a Special Ballot, the Special Ballot Envelope shall remain sealed. All rejected Special Ballots, Special Ballot Envelopes, along with any voter eligibility information gathered shall be enclosed in containers marked with the words “Rejected Special Ballots and Envelopes” and the date of the election. Pursuant to § 712, the voter may appeal to the Board the Executive Director’s preliminary determination to reject the voter’s Special Ballot.

807.7 [REPEALED]

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1245 (March 21, 1980); as amended by Final Rulemaking published at 30 DCR 5300 (October 14, 1983); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 807

3 DCMR § 808 MAIL-IN BALLOT TABULATION

808.1 The provisions of this section shall govern the tabulation of all mail-in ballots timely submitted to the Board.

808.2 The handling and tabulation of mail-in ballots shall:

(a) Be conducted separately from the tabulation of all other ballots;

(b) Be conducted publicly; and

(c) Otherwise be conducted in the same manner as regular ballots cast in person, insofar as those procedures do not conflict with the provisions of this section.

808.3 All mail-in ballots received by the Board shall be tabulated as soon as practicable after the deadline for the receipt of mail-in ballots received by mail.

808.4 Prior to tabulation, the Executive Director’s designee shall verify that the voter signed the mail-in ballot envelope.

808.5 In preparation for tabulation, the Executive Director’s designee shall open the outer mailing envelopes and remove the inner secrecy envelope which contains the mail-in ballot.

808.6 Working precinct by precinct, the Executive Director’s designee shall:

Open the inner secrecy envelopes, being careful not to damage the ballot inside. If mail-in ballot is damaged in this process, the valid votes shall be reproduced on duplicate ballots, in accordance with the rules of this chapter; and

(b) Inspect the mail-in ballots for machine tabulation acceptability. All mail-in ballots that are identified as not being machine readable shall be removed and reproduced on duplicate ballots in accordance with the rules of this chapter.

808.7 The mail-in ballot shall be tabulated and counted as being cast in the ward and precinct in which the voter resides provided that the voter signs the mail-in ballot envelope to certify that they are a registered voter in the District of Columbia, that they have not voted and will not vote more than one ballot in the election, and that they are not voting in any other jurisdiction in the United States.

History

SOURCE: Final Rulemaking published at 35 DCR 2006, 2016-17 (March 11, 1988); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 808

3 DCMR § 809 VOTE COUNTING BY HAND

809.1 The rules of this section shall apply to all instances when manual vote tabulation may occur, including, but not limited to, manual tabulation required by law and this chapter, discretionary manual tabulation, tabulation of write-ins, audits, and recounts.

809.2 Validity of ballots and votes shall be determined pursuant to the rules of this chapter.

809.3 [REPEALED]

809.4 The counting shall be conducted by counting teams of two (2) or more officials. An election official known as the “Counting Team Captain” shall be designated as being in charge of one or more counting teams as determined by the Executive Director, or his or her designee. The counting shall proceed according to administrative procedures established by the Executive Director.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4527 (September 14, 1984); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Emergency and Federal Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941 (February 10, 2012); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 809

3 DCMR § 810 DISCRETIONARY MANUAL TABULATION

810.1 Notwithstanding instances when manual tabulation is required by law or this chapter, the Board may order that ballots be manually inspected and tabulated under the following circumstances:

(a) Upon the filing of a recount petition, when it appears that a disproportionate number of potential undervotes or overvotes have occurred in a particular vote center, or to determine whether write-in votes have been cast that affect vote totals for candidates whose names are pre-printed on the ballot;

(b) When there is evidence of a machine miscount or malfunction; or

810.2 When manual tabulation is ordered pursuant to this section:

(a) Validity of ballots and votes and tabulation procedures shall conform to the rules specified in this chapter;

(b) Only the ballots for those vote centers and contests designated by the Board shall be manually tabulated; and

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1246-47 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4527 (September 14, 1984); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 810

3 DCMR § 811 BALLOT ACCOUNTING

811.1 Following the tabulation of all votes, a full accounting of official ballots shall be made prior to certification of the official election results.

811.2 The accounting of official ballots shall include the following:

(a) For each precinct, and for each party in a primary election, the sum of the number of ballots issued to the voters, less the number of spoiled ballots, should equal the total number of ballots cast in the precinct;

(b) For each precinct, and for each party in a primary election, the sum of the number of cards issued to voters and exchanged for ballots, plus the number of special ballots, should equal the total number of voters;

(c) For each precinct, and for each party in a primary election, upon completion of the election day count and exclusive of special and mail-in ballots, the sum of the number of vote center ballots counted plus the number of special ballots cast should equal the totals from §§ 811.2(a) and (b);

(d) For each entire election and for each type of ballot used in it, the sum of the number of mail-in ballots issued to voters electronically, by mail, in person, by affidavit (emergency), spoiled mail-in ballots, plus the number of mail-in ballots remaining unused, should equal the total number of mail-in ballots;

(e) For each entire election and for each type of ballot used in it, the sum of the number of mail-in ballots cast, mail-in ballots spoiled, and mail-in ballots not returned, should equal the total number of mail-in ballots issued to voters; and

(f) For each Single-Member District, the total number of Single-Member District ballots cast should equal the sum of the ballots cast in each precinct servicing that Single-Member District.

811.3 Following tabulation, the ballots for each precinct shall be transferred to a secure and locked storage location where they shall remain secured for twenty-two (22) months; thereafter, if no election contest or other proceeding is pending in which the ballots may be needed as evidence, the ballots may be destroyed.

811.4 The Board shall retain and store all data processing materials related to the vote counting from the time the canvass is completed until the expiration of the period for challenging elections in a secured area and conforming to data security practices outlined in EAC Election Management Guidelines - Security—Voting Equipment and Peripheral Devices.

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1246-47 (March 21, 1980); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 811

3 DCMR § 812 POST-ELECTION MANUAL AUDIT

812.1 A manual audit conducted pursuant to this section shall conform to the rules of this chapter.

812.2 After each General and Special election, the Executive Director shall conduct a public manual audit of at least:

(a) All ballots cast, including mail-in ballots, in one precinct per Ward or at least five percent of all precincts participating in an election, whichever number is greater;

(b) Five percent (5%) of Special Ballots cast and counted; and

812.3 The manual audit shall entail counting of ballots cast on the machines selected for the audit and comparing the results of this count with the results shown by the results tape produced by the machine used to tabulate those ballots during the election.

812.4 The Executive Director shall take appropriate measures to ensure that spoiled or defective ballots are not tallied as valid ballots in the manual audit process.

812.5 The manual audit shall be:

(a) Announced no later than three (3) business days after the tabulation has been completed, but no fewer than twenty-four (24) hours in advance of the audit; and

(b) Conducted in public view such that members of the public are able to verify the tally, but are unable either to touch ballots and other official materials or to interfere in any way with the manual audit process.

812.6 At least one precinct from each ward shall be selected for participation in the audit. The precincts audited shall be selected randomly from each ward, such that each precinct in a ward shall have an equal chance of being selected for the manual audit.

812.7 The Executive Director may select additional precincts in his or her discretion.

812.8 The contests subject to the manual audit shall be publicly selected at random and shall include:

(a) At least one (1) District-wide contest (office or ballot question); and

(b) At least two (2) ward-wide contests.

812.9 If there is no District-wide contest in an election, the Executive Director shall select sufficient ward-wide contests to adequately verify machine results.

812.10 In addition to the randomly-selected contests described in § 812.8, the Executive Director shall select at least one additional contest for audit. Additional contest(s) audited may be selected due to allegations of voting equipment anomalies, requests from candidates, random sampling, or other factors at the discretion of the Executive Director. If additional contest audits are performed as a result of a candidate request, the Board shall determine whether such audit is material to the outcome of the election and may impose a fee paid by the requesting candidate to the Board. The amount of the fee imposed shall not be greater than the actual cost of conducting the audit for the additional contest. The Board’s rejection of a request for an audit shall not preclude a candidate from petitioning for a recount pursuant to § 815.

812.11 Individuals performing the manual audit shall not be informed of the corresponding machine tally results at any time before or during the manual audit.

812.12 Individuals performing the manual audit shall be assembled into teams of at least four individuals such that there will be one person to call the ballot result, at least two persons to tally the ballot result, and at least one person to witness the process.

812.13 Each audit team shall be provided with a set of ballots associated with a machine that has been selected for the audit and advised as to which contest they are responsible for auditing.

812.14 The audit team shall make a record of vote marking errors, including the nature of the marking error, and how the vote was interpreted, if voter intent could be determined pursuant to the rules specified in § 803.

(a) Votes which were not properly marked, but that the audit team was able to determine voter intent, pursuant to the rules specified in § 803, shall be counted.

(b) Votes which were not properly marked and the audit team could not determine voter intent, pursuant to the rules specified in § 803, shall not be counted.

812.15 If the initial manual audit reveals a discrepancy between the machine result and the manual audit tally result which yields an error rate greater than one quarter (0.25) of a percent of votes cast in the contest being audited, or twenty percent (20%) of the margin of victory (whichever is less), and such discrepancy is not attributed to marking errors, a second manual shall be conducted by the same team.

812.16 If the second manual audit confirms the discrepancy described in Subsection 812.15, the Board shall randomly-select another precinct in each ward in which the contest appeared on the ballot and audit:

(a) All ballots cast, including absentee ballots, in one precinct per Ward or at least five percent of all precincts participating in an election, whichever number is greater;

(b) Five percent (5%) of Special Ballots cast and counted; and

812.17 If the additional precinct manual audit confirms the discrepancy described in Subsection 812.15, the Board shall audit all ballots cast in the contest.

812.18 The results derived from the manual audits shall be considered the true and correct results of the election contests at issue.

812.19 All machines found to have an error rate greater than that referenced in Subsection 812.15 shall be examined and repaired before they may be used in future elections.

812.20 The Executive Director or his or her designee shall include a report, which shall be made public on its website, on the results of the manual audit before the certification of the official election results. Such report shall:

(a) Identify any discrepancies between the machine count and the manual tally;

(b) Describe how each of these discrepancies was resolved; and

History

SOURCE: Final Rulemaking published at 27 DCR 1836 (May 2, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1222, 1246-47 (March 21, 1980); as amended by Final Rulemaking published at 29 DCR 2575 (June 18, 1982); renumbered by Final Rulemaking published at 31 DCR 2129, 2130 (May 4, 1984); as amended by Final Rulemaking published at 31 DCR 4524, 4526 (September 14, 1984); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 812

3 DCMR § 813 CERTIFICATION OF ELECTION RESULTS

813.1 The Board shall certify the results of each election.

813.2 The Board shall publish the results of each election and the nominees or winners on its website.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 26, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403, 410 (January 23, 1981); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 813

3 DCMR § 814 AUTOMATIC RECOUNT

814.1 The Board shall conduct an automatic recount:

(a) If, in any election for President and Vice-President of the United States, Delegate to the House of Representatives, Mayor, Chairman of the Council, member of the Council, Attorney General, at-large member of the State Board of Education, or member of the State Board of Education, the certified election results show a margin of victory for a candidate that is less than one percent (1%) of the total votes cast for that office. The cost of such recount shall not be charged to any candidate;

(b) If, in any contest involving an initiative, referendum, or recall measure, the difference between the number of votes for and against the measure is less than one percent (1%) of the total votes cast in that contest; or

(c) If so ordered by the D.C. Court of Appeals pursuant to a petition to review an election, whether or not a recount has been previously conducted or requested.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 26, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403, 410 (January 23, 1981); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 814

3 DCMR § 815 PETITIONS FOR RECOUNT, RECOUNT DEPOSITS, AND REFUNDS OF RECOUNT DEPOSITS

815.1 Any qualified candidate in any election may, within seven (7) days after the Board certifies the election results, petition the Board for a recount of the ballots cast in that election. Such petition shall be in writing and shall specify the precincts in which the recount shall be conducted.

815.2 Upon receipt of a recount petition, the Board shall prepare and provide to the petitioner an estimate of:

(a) The costs to perform the recount; and

(b) The number of hours required to complete the recount.

815.3 If the petitioner chooses to proceed, they shall submit a deposit to the Board that shall go toward the payment of the actual costs incurred for the recount. The deposit shall be submitted within seven (7) days of receipt of the estimate of the costs to perform the recount and the number of hours required to complete the recount.

815.4 The amount of the deposit shall be calculated by multiplying the number of precincts included in the recount by fifty dollars ($50).

815.5 Deposits shall be paid by certified check or money order made payable to the order of the "D.C. Treasurer." No cash will be accepted.

815.6 The petitioner shall not be required to make a deposit for or pay the cost of any recount in any election where the difference between the number of votes received by the petitioner and the number of votes received by the person certified as having been elected to that office is:

(a) In the case of a ward-wide contest, less than one percent (1%) of the total valid ballots cast in the contest or less than fifty (50) votes, whichever is less; or

(b) In the case of an at-large contest, less than one percent (1%) of the total valid ballots cast in the contest or less than three hundred fifty (350) votes, whichever is less; and

815.7 If the recount changes the result of the election, the entire amount deposited by the petitioner shall be refunded.

815.8 If the result of the election is not changed, the petitioner is liable for the actual cost of the recount, minus the deposit already made.

815.9 If the results of the election are not changed as a result of the recount, but the actual costs to perform the recount was less than the amount deposited by the petitioner, the difference shall be refunded to the petitioner.

815.10 A candidate may, at any time, request in writing that the recount be terminated. In that event, the petitioner is liable for the actual cost of the partial recount, minus the deposit already made. If the amount of the deposit exceeds the actual cost of the partial recount, the Board shall refund the difference between the amount of the deposit and the actual cost of the recount.

History

SOURCE: Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 63 DCR 14814 (December 2, 2016); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 815

3 DCMR § 816 RECOUNT PROCEDURES

816.1 The Executive Director shall conduct recount proceedings in accordance with provisions of this section.

816.2 The validity of ballots and votes recounted shall be determined pursuant to the provisions of this chapter.

816.3 Manual tabulation of votes in a recount proceeding shall be conducted in accordance with the provisions of this chapter.

816.4 Within two (2) days following the Board’s determination to grant a recount petition or a court order directing the Board to conduct a recount, notice of recount proceedings shall be delivered via email to all qualified candidates for the contest being recounted. Public notice of recount proceedings shall be posted on the Board’s website at least twenty-four (24) hours in advance of the commencement of the recount.

816.5 Each candidate, or organizational group in support of or opposition to a ballot question, in a contest involved in a recount shall be permitted to have no more than two (2) poll watchers at all phases of the recount, regardless of whether the candidate properly applied for poll watcher credentials pursuant to § 706. Candidates may also observe all phases of the recount in addition to their assigned poll watchers.

816.6 Apart from the election officials necessary to conduct the recount, priority of access to the place where the recount will occur will first be given to the candidate, or organizational groups in support of or opposition to a ballot question, in the contest being recounted. Space permitting, poll watchers and election observers credentialed pursuant to § 706, then members of the public and media shall also be given access.

816.7 Recount officials shall re-run all official ballots through a tabulator and count only the votes for the office or ballot question at issue in the recount. All ballots which are not machine-readable shall be tabulated manually, pursuant to the rules provided in this chapter.

816.8 [REPEALED].

816.9 At the conclusion of the recount proceedings, a recount results report shall be presented to the Board and posted on the Board’s website. The Board shall determine the number of votes received by each candidate as a result of the recount, but shall not make a new certification of the results of the election unless the outcome of the contest has changed as a result of the recount.

816.10 There shall be only one (1) recount per contest.

816.11 Results of the recount are final and not appealable.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 26, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403, 411 (January 23, 1981); as amended by Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 63 DCR 14814 (December 2, 2016). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 816

3 DCMR § 817 POST GENERAL ELECTION SUMMARY REPORT

817.1 Within ninety (90) days following every general election, the Board shall publish on its website a report (“post general election summary report”) containing the following information:

(a) The total number of ballots cast and counted, with subtotals for each type of ballot;

(b) The total number of spoiled and special ballots not counted;

(c) The total number of persons registered to vote more than twenty-one (21) days preceding the election, broken down by party, ward, and precinct;

(d) The number of persons who registered to vote between twenty-one (21) days preceding the election and the date of the election;

(e) The number of persons who registered to vote at an early voting center;

(f) The number of persons who registered to vote on Election Day;

(g) The number of election workers at each precinct, broken down by position title;

(h) Copies of any unofficial summary reports generated by the Board on election night;

(i) A summary of issues identified in Site Coordinator or Area Representative reports;

(j) Performance measurement data of election workers;

(k) A description of any irregularities experienced during early voting and on Election Day;

(l) Recommendation for means by which the efficiency, accuracy, and speed of counting and reporting election results can be improved, including equipment or technology and an estimate of associated costs; and

(m) Any other relevant information.

History

SOURCE: Final Rulemaking published at 51 DCR 5067 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7426 (July 30, 2004); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7705 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11149 (November 26, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 817

3-9 FILLING VACANCIES

3 DCMR § 900 FILLING VACANCIES

900.1 This chapter governs the procedures of the District of Columbia Board of Elections in the event a vacancy occurs in any of the following offices prior to the expiration of the term of office:

(a) The Mayor of the District of Columbia;

(b) The Chairman of the Council of the District of Columbia;

(d) The Attorney General for the District of Columbia;

(e) At-large and ward members of the State Board of Education; and

(f) Delegate to the House of Representatives.

900.2 A vacancy shall exist in the offices specified in this section when any of the following occurs during the public official’s term of office:

(a) Resignation;

(b) Death;

(d) In the case of any Member of the Council of the District of Columbia, removal through expulsion.

900.3 A vacancy shall also exist in the offices of Mayor, Member of the Council of the District of Columbia, Attorney General, or Member of the State Board of Education whenever a recall election is conducted and, as a result of that recall election, an elected officer is removed from office.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 57 DCR 584 (January 15, 2010); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 72 DCR 004710 (April 18, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 900

3 DCMR § 901 VACANCY IN THE OFFICE OF MAYOR

901.1 When the Mayor resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.

901.2 The Mayor shall forward one (1) duplicate original of the resignation to the Chairman of the Council and one (1) duplicate original to the Chairman of the D.C. Board of Elections (Board).

901.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue notification as provided in this chapter.

901.4 When the Mayor dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the Mayor, certify the seat vacant and issue the appropriate notification as provided in this chapter.

901.5 When a vacancy in the office of Mayor is declared by court order, the Board shall, as soon as practicable after a court declaration, notify the Chairman of the Council of the vacancy by registered mail.

901.6 When a vacancy in the office of Mayor occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, certify the seat vacant and issue the appropriate notification as provided in this chapter.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 901

3 DCMR § 902 VACANCY IN THE OFFICE OF CHAIRMAN OF THE COUNCIL

902.1 When the Chairman resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.

902.2 The Chairman shall forward one (1) duplicate original of the resignation to the Mayor and one (1) duplicate original to the Chairperson of the D.C. Board of Elections.

902.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue notification as provided in this chapter.

902.4 When the Chairman dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the Chairman, certify the seat vacant, effective as of the date of the death, and issue the appropriate notification as provided in this chapter.

902.5 When a vacancy in the office of Chairman of the Council is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Mayor of the vacancy by registered mail.

902.6 When a vacancy in the office of Chairman of the Council occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, certify the seat vacant and issue the appropriate notification as provided in this chapter.

902.7 When a vacancy in the office of Chairman of the Council occurs as the result of the Council’s expulsion of the Chairman, the Board shall, as soon as practicable after the Council’s vote to expel, certify the seat vacant, effective as of the date of the expulsion vote, and issue the appropriate notification as provided in this chapter.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 72 DCR 004710 (April 18, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 902

3 DCMR § 903 VACANCY IN THE OFFICE OF MEMBER OF THE COUNCIL

903.1 When a member of the Council resigns his or her office prior to the expiration of the term, the resignation shall be in writing and in duplicate.

903.2 The resigning member of the Council shall forward one (1) duplicate original of the resignation to the Mayor and one (1) duplicate original to the Chairperson of the D.C. Board of Elections.

903.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided in this chapter.

903.4 When a member of the Council dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the member of the Council, certify the seat vacant, effective as of the date of the death, and issue the appropriate notification as provided in this chapter.

903.5 When a vacancy in the office of Member of the Council is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Chairman of the Council of the vacancy by registered mail and provide any other notice as required in this chapter.

903.6 When a vacancy occurs in the office of Member of the Council as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, certify the seat vacant and issue the appropriate notification as provided in this chapter.

903.7 When a vacancy in the office of Member of the Council occurs as the result of the Council’s expulsion of the Member, the Board shall, as soon as practicable after the Council’s vote to expel, certify the seat vacant, effective as of the date of the expulsion vote, and issue the appropriate notification as provided in this chapter.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 72 DCR 004710 (April 18, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 903

3 DCMR § 904 VACANCY IN THE OFFICE OF ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA

904.1 When the Attorney General resigns his or her office prior to expiration of the term, the resignation shall be in writing and in triplicate.

904.2 The resigning Attorney General shall forward one (1) triplicate original of the resignation to the Mayor, one (1) triplicate original to the Chief Deputy Attorney General, and one (1) triplicate original to the Chairperson of the D.C. Board of Elections.

904.3 Within five (5) working days of receipt of the resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided in this chapter.

904.4 When the Attorney General dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death, certify the seat vacant, effective as of the date of the death, and issue the appropriate notification as provided in this chapter.

904.5 When a vacancy in the office of Attorney General is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Chief Deputy Attorney General of the vacancy by registered mail.

904.6 When a vacancy in the office of Attorney General occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, do the following:

(a) Certify the seat vacant;

(b) Notify the Chief Deputy Attorney General; and

History

SOURCE: Final Rulemaking published at 39 DCR 4166-67 (June 12, 1992); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 57 DCR 584, 585 (January 15, 2010); as amended by Final Rulemaking published at 58 DCR 8058, 8061 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 72 DCR 004710 (April 18, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 904

3 DCMR § 905 VACANCY IN THE OFFICE OF ELECTED MEMBER OF THE STATE BOARD OF EDUCATION

905.1 When a member of the State Board of Education resigns his or her office prior to expiration of the term, the resignation shall be in writing and in duplicate.

905.2 The resigning member of the State Board of Education shall forward one (1) duplicate original of the resignation to the Mayor and one (1) duplicate original to the Chairperson of the D.C. Board of Elections.

905.3 Within five (5) working days of receipt of the duplicate resignation, the Board shall certify the seat vacant, effective as provided by the resignation, and issue the appropriate notification as provided in this chapter.

905.4 When a member of the State Board of Education dies while still serving his or her term of office, the Board shall, within five (5) working days of notice of the death of the member of the State Board of Education, certify the seat vacant, effective as of the date of the death, and issue the appropriate notification as provided in this chapter.

905.5 When a vacancy in the office of Member of the State Board of Education is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the President of the State Board of Education of the vacancy by registered mail.

905.6 When a vacancy in the office of Member of the State Board of Education occurs as a result of a recall election, the Board shall, as soon as practicable after certification of the election results, do the following:

(a) Certify the seat vacant;

(b) Notify the State Board of Education; and

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 72 DCR 004710 (April 18, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 905

3 DCMR § 906 VACANCY IN THE OFFICE OF DELEGATE TO THE HOUSE OF REPRESENTATIVES

906.1 When the Delegate to the House of Representatives resigns his or her office prior to expiration of the term, the resignation shall be in writing and in triplicate.

906.2 The Delegate shall forward one (1) triplicate original of the resignation to the Mayor, one (1) triplicate original to the Speaker of the House of Representatives, and one (1) triplicate original to the Chairperson of the D.C. Board of Elections.

906.3 Within five (5) working days of receipt of the resignation, the Board shall certify the seat vacant effective as provided by the resignation and issue the appropriate notification as provided in this chapter.

906.4 When the Delegate to the House of Representatives dies while still serving his or her term of office, the Board shall within five (5) working days of notice of the death of the Delegate to the House of Representatives, certify the seat vacant, effective as of the date of the death, and issue the appropriate notification as provided in this chapter.

906.5 When a vacancy in the office of Delegate to the House of Representatives is declared by court order, the Board shall, as soon as practicable after the court declaration, notify the Mayor of the vacancy by registered mail.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 39 DCR 4166, 4167 (June 12, 1992); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 72 DCR 004710 (April 18, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 906

3 DCMR § 907 PUBLIC NOTICE OF VACANCY AFTER BOARD CERTIFICATION

907.1 As soon as practicable after a formal order by the D.C. Board of Elections or a court declaring any vacancy in the offices enumerated in § 900.1, the Board publish notice of the vacancy in the D.C. Register and on the Board’s website.

907.2 If a formal order by the Board or a court is entered declaring a vacancy in a party-affiliated at-large seat on the Council, the Board shall inform the Chairperson of the party to which the Councilmember belongs of the vacancy by registered mail and of the rules directing the required action.

907.3 If a formal order by the Board or a court is entered declaring a vacancy in a non- party-affiliated at-large seat on the Council, the Board shall inform the Council of the District of Columbia of the vacancy and of the rules relating to the appropriate action.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 907

3 DCMR § 908 APPOINTMENT PENDING SPECIAL ELECTION: PARTY-AFFILIATED AT-LARGE COUNCIL SEAT

908.1 Within a reasonable period after receiving notice from the D.C. Board of Elections of a vacancy in a party-affiliated at-large council seat, the central (state) committee of that party shall appoint a qualified elector registered with the same party to fill the office until the D.C. Board of Elections holds a special election and certifies the winner as provided by D.C. Official Code § 1-204.01(d)(2) (2012 Repl.).

908.2 The central (state) committee of the party appointing a registered qualified elector affiliated with its party shall be currently registered as a political committee with the D.C. Board of Elections and have on file with the Board a certified copy of the organization’s current constitution and by-laws.

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 908

3 DCMR § 909 APPOINTMENT PENDING SPECIAL ELECTION: NON-PARTY AFFILIATED AT-LARGE COUNCIL SEAT

909.1 Within a reasonable period of time after receiving notice from the D.C. Board of Elections of a vacancy in a non-party affiliated at-large seat, the Council of the District of Columbia shall appoint a qualified elector who is not affiliated with any political party.

909.2 The elector appointed Councilmember at-large shall fill the office until the D.C. Board of Elections holds a special election and certifies the winner, as provided by D.C. Official Code § 1-204.01(d)(2) (2012 Repl.).

History

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 403 (January 23, 1981); as amended by Final Rulemaking published at 58 DCR 8058 (September 16, 2011); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 909

3 DCMR § 910 SPECIAL ELECTIONS

910.1 The D.C. Board of Elections shall conduct a special election in order to elect an individual to serve the unexpired portion of the term of office vacated, except that no special election shall be conducted when:

A vacancy occurs in the office of Delegate on or after May 1st of the last year of the Delegate’s term of office; or

A vacancy occurs in the office of member of the State Board of Education on or after February 1st of the last year of the term of the affected office.

910.2 At the time of the certification of a vacancy, the Board shall, if applicable, call a special election. A call for a special election shall include the following:

(a) The date upon which the special election is to be held;

(b) The date upon which nomination petition forms will be made available to candidates; and

910.3 A special election held pursuant to this chapter shall be held on a Tuesday occurring at least seventy (70) days and not more than one hundred seventy-four (174) days after the date on which such vacancy occurs, which the Board determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation.

910.4 Within seven (7) days after the certification of a vacancy, the Board shall make available nomination petition forms to candidates seeking nomination to fill the vacancy.

910.5 The qualifications for ballot access of candidates and the rules governing the access in any special election held to fill a vacancy shall be the same as those for direct nomination to the office in any general election, as provided for in D.C. Official Code § 1- 1001.08(j) (2012 Repl.) and Chapter 16 of this title.

910.6 All elections provided in this section are special elections, even though the balloting may be at the same time as a previously scheduled primary or general election.

History

SOURCE: Final Rulemaking published at 36 DCR 7820 (November 10, 1989); as amended by Final Rulemaking published at 39 DCR 4166, 4167 (June 12, 1992); as amended by Final Rulemaking published at 58 DCR 8058, 8065 (September 16, 2011); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012); as amended by Final Rulemaking published at 62 DCR 2008 (February 13, 2015); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 910

3-10 INITIATIVE AND REFERENDUM

3 DCMR § 1000 GENERAL PROVISIONS

1000.1 This chapter governs the process by which registered qualified elector(s) of the District of Columbia may present initiative or referendum measures to the electorate for their approval or disapproval.

1000.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

(a) The term “Home Rule Act” means the “District of Columbia Self Government and Governmental Reorganization Act”, Public Law 93-198 (codified at D.C. Official Code § 1-201.01 et seq.), and any subsequent amendments.

(b) The term “qualified petition circulator” means any individual who is:

At least 17 years of age and who will be 18 years of age on or before the next general election; and

(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

(c) The term “initiative” means the process by which the electors of the District of Columbia may propose laws (except laws appropriating funds) and present such proposed laws directly to the registered qualified electors of the District of Columbia for their approval or disapproval.

(d) The term “referendum” means the process by which the registered qualified electors of the District of Columbia may suspend acts of the Council of the District of Columbia (except emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget) until such acts have been presented to the registered qualified electors of the District of Columbia for their approval or rejection, provided that the Chairman of the Council has transmitted the Act to the Speaker of the House of Representatives, and the President of the Senate, under D.C. Official Code § 1-206.02(c)(1) (2006 Repl.).

1000.3 In order to commence the initiative or referendum process, a registered qualified elector(s) shall file the following documents in-person at the Board’s office:

(a) Five (5) printed or typewritten copies of the full text of the initiative or referendum measure;

(b) A summary statement of the measure not exceeding one hundred (100) words in length;

(d) An affidavit under oath containing the name, telephone number, and residence address of the proposer, and a statement that the proposer is a registered qualified elector of the District of Columbia; and

(e) A copy of the statement of organization and report(s) of receipts and expenditures filed with the Office of Campaign Finance.

1000.4 Within one business day after the receipt of a proposed initiative or referendum measure, the Board shall request advisory opinions from the Attorney General and the General Counsel for the Council on whether the measure is a proper subject of initiative or referendum: provided that, advisory opinions regarding proposed initiatives are due within 15 business days after the request, and advisory opinions regarding proposed referenda are due within five business days after the request.

1000.5 A measure does not present a proper subject for initiative or referendum, and must be refused by the Board, if:

The measure presented would violate the Home Rule Act;

The measure presented seeks to amend the Home Rule Act;

The measure presented would appropriate funds;

The measure presented would violate the U.S. Constitution;

(e) The statement of organization and the report(s) of receipts and expenditures have not been filed with the Office of Campaign Finance;

(f) The form of the measure does not include legislative text, a short title, or a summary statement containing no more than one hundred (100) words;

(g) The measure authorizes or would have the effect of authorizing discrimination prohibited under the Human Rights Act of 1977 or any subsequent amendments; or

(h) The measure would negate or limit an act of the Council enacted pursuant to § 446 of the Home Rule Act.

1000.6 Within ten (10) days after the refusal, the proposer(s) of a rejected initiative or referendum measure may petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the measure. The Board shall retain the submitted petition pending appeal.

1000.7 If the Board determines that the initiative or referendum measure presents a proper subject, or if the Superior Court of the District of Columbia grants a writ in the nature of mandamus compelling the Board to accept the measure, the Board shall accept the initiative or referendum measure as a proper subject matter and shall assign a serial number to the measure. In the case of an initiative, the Board shall also promptly request a fiscal impact statement from the Office of the Chief Financial Officer, who shall issue a fiscal impact statement within fifteen (15) business days after receipt of the request from the Board.

1000.8 The first initiative measure shall be numbered one (1) in numerals. Succeeding measures shall be numbered consecutively 2, 3, 4, and so on ad infinitum.

1000.9 The first referendum measure shall be numbered 001 in numerals. Succeeding measures shall be numbered 002, 003, 004, and so on ad infinitum.

1000.10 Once assigned a serial number, an initiative or referendum measure shall be known and designated on all petitions, election ballots, and proceedings as "Initiative Measure No. " or "Referendum Measure No. ."

History

SOURCE: Final Rulemaking published at 43 DCR 103-4 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1000

3 DCMR § 1001 ADOPTION OF BALLOT LANGUAGE

1001.1 Within twenty (20) calendar days of the date on which the Board accepts the initiative or referendum measure, the Board shall:

Prepare the following for adoption at a public meeting:

An abbreviated and impartial summary statement, written in plain language, that does not exceed one hundred (100) words in length and which expresses the chief purpose of the proposed measure;

A short title for the measure not exceeding fifteen (15) words in length by which it will be readily identifiable and distinguishable from other measures which may appear on the ballot; and

The proper legislative form of the initiative or referendum measure, where applicable, similar to the form of an act that has completed the course of the legislative process within the District of Columbia government before transmittal to Congress.

(b) Submit for publication in the District of Columbia Register notice of the public meeting to adopt the summary statement, short title, and legislative form of the measure which, in the case of an initiative measure, shall be held after the deadline for the Board’s receipt of the fiscal impact statement described in Subsection 1000.7 of this chapter.

1001.2 For the purposes of this section, the following rules shall apply to the counting of words in the summary statement and short title:

(a) Punctuation is not counted;

(b) Each word shall be counted as one (1) word except as specified in this subsection;

(c) All geographical names shall be considered as one (1) word; for example, "District of Columbia" shall be counted as one (1) word;

(d) Each abbreviation for a word, phrase, or expression shall be counted as one (1) word;

(e) Hyphenated words that appear in any generally available dictionary shall be considered as one (1) word. Each part of all other hyphenated words shall be counted as a separate word;

(f) Dates consisting of a combination of words and digits shall be counted as two (2) words. Dates consisting only of a combination of digits shall be counted as one (1) word; and

(g) Any number consisting of a digit or digits shall be considered as one (1) word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one (1) word whereas "one hundred" shall be counted as two (2) words. The number one hundred "100," shall be counted as one (1) word.

1001.3 Within twenty-four (24) hours after the public meeting at which the summary statement, short title, and legislative text are adopted, the Board shall:

(a) Notify the proposer of the measure of the adopted language by email;

(b) Submit the adopted language to the District of Columbia Register and at least one newspaper of general circulation for publication, and post it on its website; and

(c) In the case of an initiative measure, publish the measure’s fiscal impact statement in the District of Columbia Register and at least one newspaper of general circulation for publication, and post it on its website.

1001.4 Any registered qualified elector who objects to the adopted language formulated by the Board may petition the Superior Court of the District of Columbia for review within ten days from the date of publication in the District of Columbia Register in the case of an initiative measure, and within ten days from the date of publication in a newspaper of general circulation in the case of a referendum measure. If no review in the Superior Court is sought, the adopted language shall be considered certified at the expiration of the ten (10) day period for review and shall be provided to the proposer by certified mail and email.

1001.5 The certified short title shall be the title of the measure furnished with the petition, the title printed on the ballot, and the title used in any other proceedings relating to the measure.

History

SOURCE: Final Rulemaking published at 43 DCR 103-4 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 68 DCR 6164 (June 11, 2021); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1001

3 DCMR § 1002 PETITION FORM

1002.1 Once the adopted language for the measure has been certified, the Board shall prepare and provide to the proposer at a public meeting an original petition form which shall contain the following:

(a) Numbered lines designed so that each signer may personally affix the date signed and his or her signature, printed name, residence address (giving street and number) and election ward;

(b) A statement requesting that the Board hold an election on the initiative or referendum measure contained in the petition, stating the measure’s serial number and short title;

(d) A warning statement declaring that only duly registered qualified electors of the District of Columbia may sign the petition;

(e) Instructions advising signatories of the proper method of signing the petition as follows: EVERYONE WHO SIGNS THIS PETITION MUST SIGN THEIR OWN NAME. UNDER NO CIRCUMSTANCES IS ANY PERSON PERMITTED TO SIGN ANOTHER PERSON’S NAME OR SIGN MORE THAN ONCE. IN ORDER TO ENSURE THAT YOUR SIGNATURE WILL BE COUNTED, PRINT YOUR FULL NAME (AS IT APPEARS ON YOUR VOTER REGISTRATION RECORD), YOUR RESIDENCE ADDRESS, THE DATE OF SIGNING, AND YOUR WARD IN THE SPACES PROVIDED. IF YOU NEED ASSISTANCE WITH PROVIDING YOUR INFORMATION ON THIS PETITION, YOU MUST MAKE THAT REQUEST BEFORE SIGNING.

(f) The words "PAID FOR BY" followed by the name and address of the payer or the committee or other person, and its treasurer on whose behalf the material appears, in the right-hand corner of the front page; and

(g) A circulator’s affidavit, providing space for the circulator of a petition to record their name and address and the dates between which the signatures on the sheet were obtained. By signing the affidavit, the circulator swears under oath or affirms that:

They are a qualified petition circulator;

They were in the presence of each person who signed the petition at the time the petition was signed;

According to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be; and

They have not written, altered, corrected, clarified, or obscured information on the petition about the signer of the petition after the signer affixed their signature to the petition.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 68 DCR 6164 (June 11, 2021); as amended by Final Rulemaking published at 69 DCR 001132 (February 11, 2022); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1002

3 DCMR § 1003 SIGNATURE REQUIREMENTS

1003.1 In order for an initiative or referendum measure to obtain ballot access, it must be supported by a petition filed with the Board that contains the valid signatures of at least five percent (5%) of the registered qualified electors of the District of Columbia, provided that the total number of signatures submitted shall include at least five percent (5%) of the registered qualified electors in at least five (5) of the eight (8) election wards.

1003.2 The maximum number of signatures that the Board will accept for filing is two (2) times the minimum number of signatures as required by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1005.2 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.

1003.3 The Board shall use the latest official end-of-month count of registered qualified electors published in the District of Columbia Register that was made at least thirty (30) days prior to submission of the signatures for the particular initiative or referendum measure to determine the minimum number of signatures required for ballot access. Any subsequent changes in the District-wide or ward voter counts, including changes caused by any redistricting, shall not be grounds for challenging the number of signatures needed on a petition as calculated based on five percent (5%) of such published end-of-month count.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 47 DCR 6977 (August 27, 1999); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 7021 (July 11, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1003

3 DCMR § 1004 NON-RESIDENT CIRCULATORS

1004.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:

Provides the name of the measure in support of which he or she will circulate the petition;

Provides his or her name, residential address, telephone number, and email address;

Swears under oath or affirms that he or she is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;

Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations;

Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1004.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:

(a) A copy of a current and valid government-issued photo identification;

(b) A copy of a current (the issue, bill, or statement date is no earlier than ninety (90) days before the beginning of the petition circulation period) utility bill, bank statement, government check, or paycheck;

(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1004

3 DCMR § 1005 FILING PETITIONS

1005.1 All pages of an initiative petition shall be submitted in hard copy for filing no later than 5:00 p.m. on the one hundred and eightieth (180th) calendar day following the date upon which the Board provided the original petition form. All pages of a referendum petition shall be submitted in hard copy for filing no later than 5:00 p.m. on the last business day before the act, or any part of the act, which is the subject of the referendum has become law. A petition, or any sheet comprising the petition, that is not timely submitted shall not be accepted for filing.

1005.2 All timely submitted petitions shall be received by the Executive Director or his or her designee. When a petition is offered for filing, the Executive Director shall:

Count the petition pages and issue a receipt for the total number of petition pages submitted;

Shall serially number the pages and obliterate any blank lines appearing on each petition page; and

(c) Prepare an initial total count, broken down by ward, of the signatures submitted pursuant to the rules of this section.

1005.3 A signature shall not be accepted, and shall not be included in the Executive Director’s initial total count, if it:

Appears on a page that is not a proper reproduction of the paper form provided by the Board;

(b) Appears on a page which does not have a completed circulator affidavit;

Appears on a page that was circulated by an individual who is not a qualified petition circulator; or

Is the signature of a registered voter who submitted a notarized request to disallow his or her signature from being counted on the petition, provided that the request was received prior to the time the petition is filed.

1005.4 If the initial total count indicates that a petition contains at least five percent (5%) of registered qualified electors in the District, the Executive Director shall accept the petition, post the petition for public inspection and challenge, and proceed with registration verification of petition signers in accordance with the rules of this chapter. If the petition does not contain at least five percent (5%) of registered qualified electors in the District, the Executive Director shall refuse to accept the petition and shall notify the proposer(s) in writing of the refusal.

1005.5 If the accepted petition is for a referendum, the Executive Director shall request that the custodian of the act return it to the Chairman of the Council of the District of Columbia.

1005.6 Within ten (10) days after a refusal, the proposer(s) of a rejected initiative or referendum petition may petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the petition. The Board shall retain the submitted petition pending appeal.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1005

3 DCMR § 1006 PETITION CHALLENGES

1006.1 The Executive Director or his or her designee shall post all timely submitted petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds (except as to the merits of the measure) by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petitions are filed. A challenge to an initiative or referendum petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1006.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in Chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period;

(c) It alleges the minimum number of signature defects which, if valid, would render the proposed measure ineligible for ballot access; and

It appears on its face to be based on a good faith review of each signature and circulator affidavit. An absence of good faith may be determined where the Board’s review of the challenge indicates that the defect(s) alleged for a substantial number of signatures and/or circulator affidavits could not reasonably be found to apply to such signatures and /or circulator affidavits.

A challenge on grounds other than the alleged invalidity of any petition signature will be properly filed if sets forth concisely a procedural or other defect that is not based on the merits of the legislative change sought.

1006.3 Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the proposer, by first-class mail, or email. In addition, the Board’s General Counsel may schedule a pre-hearing conference between the parties.

1006.4 After receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board’s staff shall search the Board’s registration records to prepare a recommendation to the Board as to the validity of the challenge.

1006.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1006.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1006.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the proposed measure whose petition was challenged.

1006.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or the proposer may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 47 DCR 6977 (August 27, 1999); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1006

3 DCMR § 1007 VALIDITY OF SIGNATURES

1007.1 A petition signature shall not be counted as valid in any of the following circumstances:

(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed and has failed to file a change of address form that is received by the Board on or before the date that the petition is filed;

(d) The signature is not dated;

(e) The petition does not include the address of the signer;

(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;

(h) The circulator of the petition failed to complete or correctly enter all required information in the circulator’s affidavit;

(i) The signature is not made by the person whose signature it purports to be, provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;

(j) [REPEALED];

(k) The signature was obtained outside of the presence of the circulator;

(l) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed petition that was rejected or found to be numerically insufficient;

(m) Correction fluid or tape was used on information provided by the circulator in the circulator affidavit;

(n) Correction fluid or tape was used on information provided by the signer, including their name, address, signature, date of signing, or ward; or

(o) Information about the signer was written, altered, corrected, clarified, or obscured on the petition by a person other than the signer, and the signer did not request such assistance before affixing their signature

1007.2 Notwithstanding Subsection 1007.1, the Board may waive a defect for good cause shown unless waiver would conflict with a statutory petition requirement.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 47 DCR 6977 (August 27, 1999); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 67 DCR 7896 (June 26, 2020); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1007

3 DCMR § 1008 WATCHERS

1008.1 Two (2) persons representing the proposer(s) and two (2) persons representing any committee(s) registered with the Office of Campaign Finance and organized in opposition to a proposed initiative or referendum measure may be present during the counting and validation procedures and shall be deemed watchers.

1008.2 To secure the presence of watchers, the proposer, or any committee registered in opposition, shall file a petition for credentials for watchers, within three (3) days from the date the initiative or referendum petition is submitted for filing.

1008.3 Each petition for credentials shall be on a form furnished by the Board and shall contain the following:

(a) The name, address, telephone number, and signature of the proposer(s) or the committee(s), together with the title of the proposed measure and its serial number;

(b) The names, addresses, and telephone numbers of the persons authorized to represent the proposer(s) or the committee(s) and receive the badges from the Board; and

(c) A certificate that each proposed watcher shall conform to the regulations of the Board concerning watchers and the conduct of the counting and validation process.

1008.4 Watchers shall report to the Board’s offices no later than the first business day following the submission of the credential petition, at which time the Board shall issue a badge for each authorized watcher, with space for the watcher’s name, the serial number of the measure, and the name of the proposer(s) or political committee(s) represented by the watcher.

1008.5 Board staff shall notify the persons authorized to represent the proposer(s) or the committee(s) of the schedule for the administration of the counting and validation procedures, which may occur after the close of business, on weekends, and on scheduled holidays, and of any amendments to such schedule. Such notice shall include instructions on the time by which watchers must report to the Board’s offices in order to observe the process. Watchers who report after the stated time may be denied the opportunity to observe the process on that day.

1008.6 Badges shall be worn by the authorized watcher at all times when observing the counting and validation process.

1008.7 An authorized alternate watcher may, in the discretion of the proposer(s) or the political committee(s), be substituted for a watcher at any time during the counting and validation process; provided, that notice is first given to the designated representative of the Board who is present.

1008.8 No watcher shall at any time during the counting and validation process do the following:

(a) Touch any official record of the Board; or

(b) Interfere with the progress of the counting and validation process or obstruct in any way the process.

1008.9 If a watcher has any questions or claims any discrepancy, inaccuracy, or error in the conduct of the procedures, he or she shall direct his or her question or complaint to the Board designee in charge.

1008.10 Any watcher who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules in this section may be requested to leave the area where the verification process is being conducted, and the watcher’s credentials shall be deemed canceled. An authorized alternate watcher may be substituted.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1008

3 DCMR § 1009 PETITION CERTIFICATION

1009.1 Within thirty (30) calendar days after the acceptance of an initiative or referendum petition for filing, the Board shall determine whether the petition contains the number of valid signatures necessary, in terms of percentage and ward distribution requirements, to be certified for ballot access.

1009.2 Upon the acceptance of a petition, the Executive Director or his or her designee shall:

Verify the registration of each petition signer; and

Determine the number of signatures of verified registrants.

1009.3 The signatures of the verified registrants shall comprise the universe of signatures from which a random sample will be drawn for purposes of verifying the signatures’ authenticity (“random sample universe”).

1009.4 A signature will not be counted and included in the random sample universe if:

The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(b) The signer, according to the Board’s records, is not registered to vote at the address listed on the petition at the time the petition was signed, except that, if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed but that was received on or before the petition was submitted, the signature shall be included in the random sample universe;

(d) The signature is not dated;

(e) The petition does not include the printed or typed address of the signer;

(f) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at

the time the petition was signed;

(h) The circulator of the petition failed to complete all required information in

the circulator’s affidavit;

[REPEALED]; or

(j) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed initiative or referendum petition that was rejected or found to be numerically insufficient.

1009.5 Each signature in the random sample universe shall be ascribed to the ward in which the signer was a duly registered voter on the date the petition was signed regardless of whether any subsequent redistricting causes the voter to be assigned to a new ward, except that if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed, but that was received on or before the petition was submitted, the signature shall be included in the ward of the voter’s new address.

1009.6 If the number of signatures in the random sample universe does not meet or exceed the established ward and District-wide requirements, the Board shall reject the petition as numerically insufficient.

1009.7 If the number of signatures in the random sample universe meets or exceeds the established minimum ward and District-wide requirements, the Board shall supply the Data Analysis and Visualization Division of the Office of Planning with the signatures in the random sample universe, broken down by ward. The Data Analysis and Visualization Division shall draw and identify for the Board a sample of one hundred (100) signatures from each ward to be verified, except where:

(a) The Data Analysis and Visualization Division determines that sampling the signatures of a given ward would not be necessary for the Board to make a determination to accept or reject the petition; or

(b) The Data Analysis and Visualization Division determines that a sample larger than one hundred (100) must be drawn in order for the Board to make a determination to accept or reject the petition, and thus draws and identifies an appropriate sample size. If necessary to reach the required levels of statistical certainty, the Data Analysis and Visualization Division may draw progressively larger sample sizes or, at the discretion of the Board, the entire random sample universe of signatures may be tested.

1009.8 In making the determination as to the authenticity of a signature, the Board shall disqualify a signature if the signature appearing on the petition does not match the signature on file in the Board’s records.

1009.9 The Board shall report the number of authentic signatures in each ward sample (“random sample results”) to the Data Analysis and Visualization Division. Using the random sample results, the Data Analysis and Visualization Division shall employ formulas from the fields of probability and statistics to determine the following:

(a) Whether a ward equals or exceeds the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be accepted;

(b) Whether a ward does not equal or exceed the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be rejected; or

(c) Whether a larger sample should be drawn since no decision could be made with ninety-five percent (95%) confidence from the sample used.

1009.10 If is the Data Analysis and Visualization Division determines that at least five (5) of the eight (8) election wards have the required number of valid signatures, then it shall use a stratified random sampling formula to combine the figures from all wards which were sampled to determine whether the entire number of authentic signatures appearing on the petition is equal in number to five percent (5%) of the registered electors in the District of Columbia with ninety-five percent (95%) confidence. The Data Analysis and Visualization Division shall request that the Board verify additional signatures for authenticity if a larger sample is needed to make a determination, unless the Board in the exercise of its discretion requires that the entire random sample universe of signatures shall be tested.

1009.11 If the total number of authentic signatures equals or exceeds the ward and District-wide signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically sufficient for ballot access.

1009.12 If the total number of authentic signatures fails to equal or exceed the ward and District-wide signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically insufficient to qualify for ballot access.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 47 DCR 6977 (August 27, 1999); as amended by Final Rulemaking published at 59 DCR 4773, 4774 (May 11, 2012); as corrected by an Errata Notice published at 59 DCR 5193 (May 18, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1009

3 DCMR § 1010 DATE OF ELECTION

1010.1 After it certifies that an initiative petition is numerically sufficient for ballot access, the Board shall conduct an election on the initiative measure during the next primary, general or city-wide special election held at least 90 days after the date on which the petition was certified as numerically sufficient.

1010.2 After it certifies that an initiative petition is numerically sufficient for ballot access, the Board shall conduct an election on the referendum measure within one hundred and fourteen (114) days after the date on which the petition was certified as numerically sufficient, provided that if a previously scheduled primary, general, or special election will occur between 54 and 114 days after the date the measure has been certified as numerically sufficient, the Board may conduct the election on the referendum measure during that election.

1010.3 The Board shall publish the established legislative text in no less than two (2) newspapers of general circulation in the District of Columbia within thirty (30) calendar days after the date of certification of the initiative or referendum petition as numerically sufficient for ballot access.

History

SOURCE: Final Rulemaking published at 43 DCR 103 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1010

3 DCMR § 1011 RETENTION OF RECORDS

1011.1 The Board shall preserve initiative and referendum petitions for one (1) year after the date of the election for which the petition was certified as numerically sufficient or insufficient.

1011.2 Initiative and referendum petitions shall be destroyed following the lapse of the one (1) year period unless legal action relating to the petitions is pending.

History

SOURCE: Final Rulemaking published at 43 DCR 103, 118 (January 12, 1996); as amended by Final Rulemaking published at 47 DCR 5927 (July 28, 2000); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2012)[EXPIRED];as amended by Final Rulemaking published at 58 DCR 941, 970 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1011

3 DCMR § 1012 PROPOSER SUBSTITUTION

1012.1 The proposer of an initiative or referendum measure shall serve as the proposer of record until such time as a proposer substitution occurs.

1012.2 A proposer substitution occurs when the proposer of record and the substitute proposer complete and sign the Proposer’s Affidavit of Resignation and Substitution and affirm the following:

The proposer of record consents to no longer receiving official correspondence from the Board concerning the initiative or referendum; and

The substitute proposer is a registered qualified elector of the District.

History

SOURCE: Final Rulemaking published at 43 DCR 103, 118 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1012

3 DCMR § 1013 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 103, 119 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1013

3 DCMR § 1014 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 103, 120 (January 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1014

3 DCMR § 1015 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1928 (April 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1015

3-11 RECALL OF ELECTED OFFICIALS

3 DCMR § 1100 GENERAL PROVISIONS

1100.1 This chapter governs the process by which the qualified electors of the District of Columbia may call for the holding of an election to remove or retain an elected official of the District of Columbia (except the Delegate to the House of Representatives) prior to the expiration of his or her term (“recall”).

1100.2 For purposes of this chapter, unless otherwise provided, the following terms shall have the meaning ascribed:

The term “elected official” means any of the following office holders:

Mayor of the District of Columbia;

Members of the Council of the District of Columbia;

Attorney General for the District of Columbia;

United States Senator;

United States Representative;

Members of the State Board of Education; and

Advisory Neighborhood Commissioner.

(b) The term “qualified petition circulator” means an individual who is:

(1) At least 17 years of age and who will be 18 years of age on or before the next general election; and

(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

1100.3 In order to commence recall proceedings against an elected official, a registered qualified elector shall file a Notice of Intent to Recall (“Recall Notice”) in-person at the Board’s office. A Recall Notice shall be considered properly filed under the following conditions:

If the elected official sought to be recalled is either the Mayor, Chairman or Member of the Council; Attorney General, Senator, Representative, or Member of the State Board of Education, the Recall Notice is not filed within the first or last three hundred sixty-five (365) days of the elected official’s term of office or within three hundred sixty-five (365) days of a recall election that was decided in the official’s favor;

If the elected official sought to be recalled is an Advisory Neighborhood Commissioner, the Recall Notice is not filed within the first or last six (6) months of the Commissioner’s term of office or within six (6) months of a recall election that was decided in the Commissioner’s favor;

If the elected official sought to be recalled was elected from a ward or Single-Member District, each recall proposer is a registered qualified elector in the ward or Single-Member of the elected official sought to be recalled;

Only one elected official is listed as the subject of the Recall Notice;

The Recall Notice includes a statement of not more than two hundred (200) words giving the reasons for the proposed recall;

The name, telephone number, email address, and residence address of each recall proposer is included and legible in the Recall Notice; and

The Recall Notice is accompanied by a copy of the statement of organization and report(s) of receipts and expenditures that have been filed with the Office of Campaign Finance.

1100.4 Upon submission of a properly filed Recall Notice, the Executive Director or his or her designee shall issue a receipt to the proposer or his or her representative.

1100.5 Within five (5) calendar days after a Recall Notice has been properly filed, the General Counsel or his or her designee shall serve, personally or by certified mail, a copy of the Recall Notice on the elected official sought to be recalled. The elected official sought to be recalled may, within ten (10) calendar days after the Recall Notice was filed, submit a response of no more than two hundred (200) words to the Board. The General Counsel shall serve a copy of any response submitted on the recall proposer(s).

1100.6 For the purposes of this section, the following rules shall apply to the counting of words in the proposer’s statement in the Recall Notice as well as the response submitted by the elected official:

(a) Punctuation is not counted;

(b) Each word shall be counted as one (1) word except as specified in this subsection;

(c) All geographical names shall be considered as one (1) word; for example, "District of Columbia" shall be counted as one (1) word;

(d) Each abbreviation for a word, phrase, or expression shall be counted as one (1) word;

(e) Hyphenated words that appear in any generally available dictionary shall be considered as one (1) word. Each part of all other hyphenated words shall be counted as a separate word;

(f) Dates consisting of a combination of words and digits shall be counted as two (2) words. Dates consisting only of a combination of digits shall be counted as one (1) word; and

History

SOURCE: Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 55 DCR 6846 (June 20, 2008); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking 68 DCR 011075 (October 22, 2021); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1100

3 DCMR § 1101 RESERVED

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4421-23 (August 18, 1995); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1101

3 DCMR § 1102 PETITION FORM

1102.1 The Board shall prepare and provide to the proposer at a public meeting an original petition form which shall contain the following:

Numbered lines for twenty (20) names, designed so that each signer may personally affix the date signed and their signature, printed name, residence address (giving street and number) and election ward;

(b) A statement requesting that the Board hold a recall election in the manner prescribed in Charter Amendment No. 2 to Title IV of the District of Columbia Self-Government and Governmental Reorganization Act;

(d) The name and address of the proposer or proposers of the recall;

(e) The statement of grounds for the recall and the response of the officer sought to be recalled, if any. If the officer sought to be recalled has not responded, the petition shall so state;

(f) A warning statement declaring that only duly registered qualified electors of the District of Columbia may sign the petition;

(g) Instructions advising signatories of the proper method of signing the petition as follows: EVERYONE WHO SIGNS THIS PETITION MUST SIGN THEIR OWN NAME. UNDER NO CIRCUMSTANCES IS ANY PERSON PERMITTED TO SIGN ANOTHER PERSON’S NAME OR SIGN MORE THAN ONCE. IN ORDER TO ENSURE THAT YOUR SIGNATURE WILL BE COUNTED, PRINT YOUR FULL NAME (AS IT APPEARS ON YOUR VOTER REGISTRATION RECORD), YOUR RESIDENCE ADDRESS, THE DATE OF SIGNING, AND YOUR WARD IN THE SPACES PROVIDED. IF YOU NEED ASSISTANCE WITH PROVIDING YOUR INFORMATION ON THIS PETITION, YOU MUST MAKE THAT REQUEST BEFORE SIGNING.

(h) The words "PAID FOR BY" followed by the name and address of the payer or the committee or other person, and its treasurer on whose behalf the material appears, in the right-hand corner of the front page.

1102.2 The second page of each petition form shall include a circulator’s affidavit, providing space for the circulator of a petition to record their name and address and the dates between which the signatures on the sheet were obtained. By signing the affidavit, the circulator swears under oath or affirms that:

They are a qualified petition circulator;

(b) They were in the presence of each person who signed the petition at the time the petition was signed;

(c) According to the best information available to the circulator, each signature is the genuine signature of the person whose name it purports to be; and

(d) They have not written, altered, corrected, clarified, or obscured information on the petition about the signer of the petition after the signer affixed their signature to the petition.

1102.3 No petition sheets may be circulated prior to the Board’s provision of the original petition form.

1102.4 The proposer shall reproduce the paper petition form at their own expense. Each reproduced petition sheet shall be printed in its entirety on paper of good writing quality of the same size as the original petition form prepared by the Board and shall be double-sided.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4421-23 (August 18, 1995); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 69 DCR 001132 (February 11, 2022); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1102

3 DCMR § 1103 SIGNATURE REQUIREMENTS

1103.1 A petition to recall an elected official in a city-wide office shall contain the valid signatures of at least ten percent (10%) of the registered qualified electors of the District of Columbia, provided that the total number of signatures submitted shall include ten percent (10%) of the registered electors in at least five (5) of the eight (8) election wards.

1103.2 A petition to recall an elected official from a ward shall contain the valid signatures of at least ten percent (10%) of the registered qualified electors of the ward from which the official was elected.

1103.3 A petition to recall an elected official from a Single-Member District shall contain the valid signatures of at least ten percent (10%) of the registered qualified electors of the Single-Member District from which the official was elected.

1103.4 The maximum number of signatures that the Board will accept for filing with respect to an office is two (2) times the minimum number of signatures as required for that office by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1105.2 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.

1103.5 The Board shall use the latest official end-of-month count of registered qualified electors published in the District of Columbia Register that was made at least thirty (30) days prior to submission of the signatures for the particular recall measure to determine the minimum number of signatures required for ballot access. Any subsequent changes in the District-wide or ward voter counts, including changes caused by any redistricting, shall not be grounds for challenging the number of signatures needed on a petition as calculated based on five percent (5%) of such published end-of-month count.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4424 (August 18, 1995); as amended by Final Rulemaking published at 57 DCR 4277 (May 14, 2010); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 7021 (July 11, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1103

3 DCMR § 1104 NON-RESIDENT CIRCULATORS

1104.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:

Provides the name of the measure in support of which he or she will circulate the petition;

Provides his or her name, residential address, telephone number, and email

address;

Swears under oath or affirms that he or she is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;

(d) Acknowledges that he or she has received from the Board information regarding the rules and regulations governing the applicable petition circulation process, and that he or she will adhere to such rules and regulations; and

(e) Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1104.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:

(a) A copy of a current and valid government-issued photo identification;

(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4425-26 (August 18, 1995); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1104

3 DCMR § 1105 FILING PETITIONS

1105.1 Where the elected official sought to be recalled is an elected official other than an Advisory Neighborhood Commissioner, all pages of a recall petition shall be submitted in hard copy for filing no later than 5:00 p.m. on the one hundred and eightieth (180th) calendar day following the date upon which the Board provided the original petition form. Where the elected official sought to be recalled is an Advisory Neighborhood Commissioner, all pages of a recall petition shall be submitted in hard copy for filing no later than 5:00 p.m. on the sixtieth (60th) calendar day following the date upon which the Board provided the original petition form. A petition, or any sheet comprising the petition, that is not timely submitted shall not be accepted for filing

1105.2 All timely submitted petitions shall be received by the Executive Director or his or her designee. When a petition is offered for filing, the Executive Director shall:

(a) Count the petition pages and issue a receipt for the total number of petition pages submitted;

Serially number the pages and obliterate any blank lines appearing on each petition page; and

1105.3 A signature shall not be accepted, and shall not be included in the Executive Director’s initial total count, if it:

(a) Appears on a page that is not a proper reproduction of the paper form provided by the Board;

(b) Appears on a page which does not have a completed circulator affidavit;

Appears on a page that was circulated by an individual who is not a qualified petition circulator; and

(d) Is the signature of a registered voter who submitted a notarized request to disallow his or her signature from being counted on the petition, provided that the request was received prior to the time the petition is filed.

1105.4 If the initial total count indicates that the petition contains the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director shall accept the petition, post the petition for public inspection and challenge, and proceed with registration verification of petition signers in accordance with the rules of this chapter. If the petition does not contain the signatures of at least ten percent (10%) of the registered qualified electors residing in the political subdivision from which the elected official sought to be recalled is elected, the Executive Director shall refuse to accept the petition and shall notify the proposer(s) in writing of the refusal.

1105.5 Within ten (10) days after the refusal, the proposer(s) of a refused petition may, pursuant to D.C. Code § 1-1001.17(j)(l) (2016 Repl.), petition the Superior Court of the District of Columbia for a writ in the nature of mandamus to compel the Board to accept the petition.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4426-28 (August 18, 1995); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1105

3 DCMR § 1106 PETITION CHALLENGES

1106.1 The Executive Director or his or her designee shall post all timely submitted petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds (except as to the merits of the recall) by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petitions are filed. A challenge to a recall petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1106.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board’s office by a qualified elector within the ten (10)-day posting period;

(c) It alleges the minimum number of signature defects which, if valid, would render the proposed measure ineligible for ballot access; and

(d) It appears on its face to be based on a good faith review of each signature and circulator affidavit. An absence of good faith may be determined where the Board’s review of the challenge indicates that the defect(s) alleged for a substantial number of signatures and/or circulator affidavits could not reasonably be found to apply to such signatures and/or circulator affidavits.

1106.3 Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the proposer by first-class mail or email. In addition, the Board’s General Counsel may schedule a pre-hearing conference between the parties.

1106.4 After receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board’s staff shall search the Board’s registration records to prepare a recommendation to the Board as to the validity of the challenge.

1106.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1106.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1106.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the proposed measure whose petition was challenged.

1106.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or the proposer may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4428-30 (August 18, 1995); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Notice of Final Rulemaking published at 59 DCR 4773, 4776 (May 11, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1106

3 DCMR § 1107 VALIDITY OF SIGNATURES

1107.1 A petition signature shall not be counted as valid in any of the following circumstances:

(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(d) The signature is not dated;

(e) The petition does not include the address of the signer;

(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;

(h) The circulator of the petition failed to complete or correctly enter all required information in the circulator’s affidavit;

(j) [REPEALED];

(k) The signature was obtained outside of the presence of the circulator;

The signature was obtained on a petition sheet that was submitted on behalf of a previously filed petition that was rejected or found to be numerically insufficient;

The signer is not a registered voter in the ward or Single-Member District of the elected official sought to be recalled;

Correction fluid or tape was used on information provided by the circulator in the circulator affidavit;

Correction fluid or tape was used on information provided by the signer, including their name, address, signature, date of signing, or ward; or

Information about the signer was written, altered, corrected, clarified, or obscured on the petition by a person other than the signer, and the signer did not request such assistance before affixing their signature.

1107.2 Notwithstanding Subsection 1107.1, the Board may waive a defect for good cause shown unless waiver would conflict with a statutory petition requirement.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4428-30 (August 18, 1995); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 67 DCR 7896 (June 26, 2020); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1107

3 DCMR § 1108 WATCHERS

1108.1 Two (2) persons representing the proposer(s) and two (2) persons representing the elected official sought to be recalled may be present during the counting and validation procedures and shall be deemed watchers.

1108.2 To secure the presence of watchers, the proposer or elected official shall file a petition for credentials for watchers within three (3) days from the date the initiative or referendum petition is submitted for filing.

1108.3 Each petition for credentials shall be on a form furnished by the Board and shall contain the following:

(a) The name, address, telephone number, and signature of the proposer(s) or elected official;

(b) The names, addresses, and telephone numbers of the persons authorized to represent the proposer(s) or elected official and receive the badges from the Board; and

(c) A certificate that each proposed watcher shall conform to the regulations of the Board concerning watchers and the conduct of the counting and validation process.

1108.4 Watchers shall report to the Board’s offices no later than the first business day following the submission of the credential petition, at which time the Board shall issue a badge for each authorized watcher, with space for the watcher’s name, the serial number of the measure, and the name of the proposer(s) or political committee(s) represented by the watcher.

1108.5 Board staff shall notify the persons authorized to represent the proposer(s) or the elected official of the schedule for the administration of the counting and validation procedures, which may occur after the close of business, on weekends, and on scheduled holidays, and of any amendments to such schedule. Such notice shall include instructions on the time by which watchers must report to the Board’s offices in order to observe the process. Watchers who report after the stated time may be denied the opportunity to observe the process on that day.

1108.6 Badges shall be worn by the authorized watcher at all times when observing the counting and validation process.

1108.7 An authorized alternate watcher may, in the discretion of the proposer(s) or the elected official, be substituted for a watcher at any time during the counting and validation process; provided, that notice is first given to the designated representative of the Board who is present.

1108.8 No watcher shall at any time during the counting and validation process do the following:

(a) Touch any official record of the Board; or

(b) Interfere with the progress of the counting and validation process or obstruct in any way the process.

1108.9 If a watcher has any questions or claims any discrepancy, inaccuracy, or error in the conduct of the procedures, he or she shall direct his or her question or complaint to the Board designee in charge.

1108.10 Any watcher who, in the judgment of the Board or its designated representative, has failed to comply with any of the rules in this section may be requested to leave the area where the verification process is being conducted, and the watcher’s credentials shall be deemed canceled. An authorized alternate watcher may be substituted.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4431-32 (August 18, 1995); as amended by Final Rulemaking published at 47 DCR 5927 (July 28, 2000); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002; as amended by Final Rulemaking published at 58 DCR 941, 971 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1108

3 DCMR § 1109 PETITION CERTIFICATION

1109.1 Within thirty (30) calendar days after the acceptance of a recall petition for filing, the Board shall determine whether the petition contains the number of valid signatures necessary, in terms of percentage and ward distribution requirements, to be certified for ballot access.

1109.2 Upon the acceptance of a petition, the Executive Director or his or her designee shall:

Verify the registration of each petition signer; and

Determine the number of signatures of verified registrants.

1109.3 The signatures of the verified registrants shall comprise the universe of signatures from which a random sample will be drawn for purposes of verifying the signatures’ authenticity (“random sample universe”).

1109.4 A signature will not be counted and included in the random sample universe if:

The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(d) The signature is not dated;

(e) The petition does not include the printed or typed address of the signer;

(f) The petition does not include the printed or typed name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at

the time the petition was signed;

(h) The circulator of the petition failed to complete all required information in

the circulator’s affidavit;

The signer was also the circulator of the same petition sheet where the signature appears;

(j) The signature was obtained on a petition sheet that was submitted on behalf of a previously filed initiative or referendum petition that was rejected or found to be numerically insufficient; or

(k) The signer is not a registered voter in the ward or Single-Member District of the elected official sought to be recalled.

1109.5 Each signature in the random sample universe shall be ascribed to the ward in which the signer was a duly registered voter on the date the petition was signed regardless of whether any subsequent redistricting causes the voter to be assigned to a new ward, except that if the Board’s records indicate that the voter filed a change of address after the date on which the petition was signed, but that was received on or before the petition was submitted, the signature shall be included in the ward of the voter’s new address.

1109.6 If the number of signatures in the random sample universe does not meet or exceed the established ward and District-wide requirements, the Board shall reject the petition as numerically insufficient. If necessary to reach the required levels of statistical certainty, the Data Analysis and Visualization Division may draw progressively larger sample sizes or, at the discretion of the Board, the entire random sample universe of signatures may be tested.

1109.7 If the number of signatures in the random sample universe meets or exceeds the established minimum requirements and the officer sought to be recalled is an Advisory Neighborhood Commissioner, the Board shall verify the authenticity of all of the signatures in the random sample universe.

1109.8 If the number of signatures in the random sample universe meets or exceeds the established minimum requirements and the officer sought to be recalled is elected from a ward or at-large, the Board shall supply the Data Analysis and Visualization Division of the Office of Planning with the signatures in the random sample universe, further broken down by ward if the elected official sought to be recalled is elected at-large.

1109.9 If the elected official sought to be recalled is elected at-large, the Data Analysis and Visualization Division shall draw and identify for the Board a sample of one hundred (100) signatures from each ward to be verified, except where:

1109.10 If the elected official sought to be recalled is elected from a ward, the Data Analysis and Visualization Division shall determine the size of the random sample.

1109.11 In making the determination as to the authenticity of a signature, the Board shall disqualify a signature if the signature appearing on the petition does not match the signature on file in the Board’s records.

1109.12 The Board shall report the number of authentic signatures in each ward sample (“random sample results”) to the Data Analysis and Visualization Division. Using the random sample results, the Data Analysis and Visualization Division shall employ formulas from the fields of probability and statistics to determine the following:

(a) Whether a ward equals or exceeds the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be accepted;

(b) Whether a ward does not equal or exceed the required number of authentic signatures with ninety-five percent (95%) confidence, and should thus be rejected; or

(c) Whether a larger sample should be drawn since no decision could be made with ninety-five percent (95%) confidence from the sample used.

1109.13 In the event that the elected official sought to be recalled is elected at–large, if the Data Analysis and Visualization Division determines that at least five (5) of the eight (8) election wards have the required number of valid signatures, then it shall use a stratified random sampling formula to combine the figures from all wards which were sampled to determine whether the entire number of authentic signatures appearing on the petition is equal in number to five percent (5%) of the registered electors in the District of Columbia with ninety-five percent (95%) confidence. The Data Analysis and Visualization Division shall request that the Board verify additional signatures for authenticity if a larger sample is needed to make a determination, unless the Board in the exercise of its discretion requires that the entire random sample universe of signatures shall be tested.

1109.14 If the total number of authentic signatures equals or exceeds the ward and District-wide signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically sufficient for ballot access.

1109.15 If the total number of authentic signatures fails to equal or exceed the ward and District-wide signature requirements with ninety-five percent (95%) confidence, the Board shall certify the petition as numerically insufficient to qualify for ballot access.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4431-32 (August 18, 1995); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1109

3 DCMR § 1110 DATE OF ELECTION

1110.1 After it certifies that a recall petition is numerically sufficient for ballot access, the Board shall conduct a special election on the recall within one hundred and fourteen (114) days after the date on which the petition was certified as numerically sufficient, provided that if a previously scheduled general or special election will occur between 54 and 114 days after the date the measure has been certified as numerically sufficient, the Board may call for the measure to be included on the ballot for that election.

1110.2 If the certified recall petition proposes to recall an Advisory Neighborhood Commissioner, the Board may, in its discretion, conduct a special election by postal ballot.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4433-34 (August 18, 1995); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1110

3 DCMR § 1111 RETENTION OF RECORDS

1111.1 The Board shall preserve recall petitions for one (1) year after the date of the election for which the petition qualified or attempted to qualify for placement on the ballot.

1111.2 Recall petitions shall be destroyed following the lapse of the one (1) year period unless legal action relating to the petitions is pending.

History

SOURCE: Final Rulemaking published at 42 DCR 4419, 4433-34 (August 18, 1995); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1111

3 DCMR § 1112 PROPOSER SUBSTITUTION

1112.1 The proposer of a recall measure shall serve as the proposer of record until such time as a proposer substitution occurs.

1112.2 A proposer substitution occurs when the proposer of record and the substitute proposer complete and sign the Proposer’s Affidavit of Resignation and Substitution and affirm the following:

The proposer of record consents to no longer receiving official correspondence from the Board concerning the measure; and

The substitute proposer is a registered qualified elector of the District.

History

SOURCE: Final Rulemaking published at 43 DCR 1928 (April 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1112

3-12 BALLOTS

3 DCMR § 1200 BALLOT FORM AND CONTENT

1200.1 The Board shall provide official ballots to voters that shall be used by the voter to indicate candidate and ballot measure preferences in any contest.

1200.2 Official election ballots shall list:

(a) Any offices to be filled and candidates for nomination or election;

(b) The serial number, short title, and summary statement of each proposed initiative, referendum or Charter amendment, if any; and

1200.3 Official ballots for primary elections shall be separate and color-coded for each political party qualified to participate in the election.

1200.4 Official ballots for qualified federal electors shall list only the offices of Electors of President and Vice President of the United States and Delegate to the United States House of Representatives and the candidates for each office, and shall be provided in any primary, general or special election in which those offices are nominated or elected. Federal Ballots shall be restricted to qualified federal electors as defined in Chapter 5.

1200.5 Initiative, referendum, and recall measures, proposed Charter amendments, and special elections to fill vacancies may appear on a separate ballot in any election.

1200.6 Candidates who are properly registered as a slate shall appear individually in each contest denoting parenthetically the name of the slate with which the candidate is registered.

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1200

3 DCMR § 1201 FICTITIOUS AND SAMPLE BALLOTS

1201.1 The Board shall publish a sample ballot to be used in each election (except the official ballot to be used in the Advisory Neighborhood Commissions elections) in one or more newspapers of general circulation in the District not more than twenty-one (21) days before each election.

1201.2 The Board shall permit the preparation and distribution of sample ballots, subject to the following requirements:

(a) Sample ballots shall be printed or reproduced on white paper; and

(b) Sample ballots shall be prominently marked on the front with the word(s) "Sample" or "Sample Ballot."

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1201

3 DCMR § 1202 ORDER OF CONTESTS AND QUESTIONS

1202.1 Contests and questions in any Primary, General or Special Election, if applicable to that election, shall appear on the ballot in the following order:

(a) Primary Presidential Preference (for Primary Election)/Electors for President and Vice President of the United States (for General Election);

(b) Delegate to the U.S. House of Representatives;

(d) Chairman of the Council of the District of Columbia;

(e) At-Large Member of the Council of the District of Columbia;

(f) Ward Member of the Council of the District of Columbia;

(g) Attorney General of the District of Columbia;

(h) United States Senator;

(i) United States Representative;

(j) At-Large Member of the State Board of Education;

(k) Ward Member of the State Board of Education;

(l) Advisory Neighborhood Commissioner;

(m) National committeemen and national committeewomen;

(n) Local party committee members and officials;

(o) Short title and summary statement of each proposed initiative, referendum, and Charter amendment; and

(p) Recall measures.

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 10573 (October 10, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1202

3 DCMR § 1203 CANDIDATES NAMES ON BALLOTS

1203.1 The name of a candidate for election shall appear on the ballot in the form designated on the Declaration of Candidacy executed and filed by the candidate in accordance with the provisions of Chapter 6 of this title; provided, that the name conforms to the following:

(a) The use of titles, degrees, and prefixes on the ballot is prohibited; and

(b) The candidate shall designate the listing of his or her name on the ballot by specifying the given name or names, or the initial letter of a given name, if any, and surname.

1203.2 The Board may permit a candidate to specify a modified form of his or her given name or names on the ballot if the Board finds that the change shall not confuse or mislead the voters and is legally acceptable.

1203.3 In any election, the order in which the names and slates of the candidates for office appear on the ballot shall be determined by lot pursuant to this chapter.

1203.4 Except where otherwise specified, the names of candidates nominated as a slate shall be listed on the ballot in the same order in which their names appear on the first page of their nominating petition.

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1203

3 DCMR § 1204 BALLOT POSITION LOTTERY

1204.1 In each primary, general and special election, the Board, or its designee(s), shall determine, by lottery, the order of the candidates’ names on the ballot in each contest.

1204.2 The Board shall notify each candidate for the offices appearing on the ballot of the date and time of the lottery to determine ballot position.

1204.3 The lottery to determine ballot position in any election shall be conducted in the following manner:

(a) The name of each candidate in a contest shall be typed or written on a slip of paper and placed in a container;

(b) Each candidate, or his or her designated representative, shall draw from the container one slip of paper;

(c) In the absence of a candidate, or his or her designated representative, the Board shall assign a local party committee chairperson, a registered voter, or one of its employees to draw for the absent candidate;

(d) The lottery for ballot position shall be conducted such that the names on the slips of paper shall be hidden from the view of the individual drawing; and

(e) The candidate whose name is pulled first from the container shall have his or her name appear first on the ballot; the candidate whose name is pulled second shall have his or her name placed second on the ballot; and this order shall continue until all candidate ballot positions have been determined.

1204.4 In the event of the death, withdrawal, or disqualification of a candidate from the ballot prior to the printing of the ballot, the position of each candidate that appears beneath the name of the former candidate shall be raised to the next higher position.

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1204

3-13 ADVISORY NEIGHBORHOOD COMMISSION VACANCIES

3 DCMR § 1300 GENERAL PROVISIONS

1300.1 This chapter governs the process by which vacancies in the office of Advisory Neighborhood Commissioner are certified and filled.

1300.2 For the purposes of this chapter, a vacancy is deemed to exist in the office of a member of an Advisory Neighborhood Commissioner when any of the following occurs:

(a) Resignation of the incumbent by signed letter received by the Board, provided that if such resignation letter is prospective, the resignation is notarized, irrevocable, and effective not more than sixty (60) days following receipt of the letter;

Failure of the incumbent to reside in the Single-Member District from which the member is elected, as determined by resolution of the Advisory Neighborhood Commission that has been certified by the Board, or by other findings of the Board, as described in this chapter;

Failure of the incumbent to have resided in the Single-Member District from which the member is elected for the 60-day period immediately preceding the day on which the incumbent filed the nominating petitions as a candidate for the office held;

The incumbent holds another elected public office as defined by D.C. Official Code § 1-309.05(a)(2) (2016 Repl. & 2019 Supp.);

With the exception of a member representing the single-member district that includes the Central Detention Facility and Correctional Treatment Facility, the incumbent is convicted of a felony that was committed while he or she held the office;

Death of the incumbent;

Declaration of vacancy by a court;

Successful recall of the incumbent; or

When the office of an Advisory Neighborhood Commissioner from a Single-Member District remains vacant after a general election.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1094-95 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1300

3 DCMR § 1301 PETITION BY ANC FOR DECLARATION OF VACANCY

1301.1 When a vacancy occurs in an Advisory Neighborhood Commission and the Commissioner does not submit a letter of resignation, the affected Advisory Neighborhood Commission shall petition the Board by a resolution, signed by the Chairperson and Secretary, to declare a vacancy. Such petition shall be based upon the Advisory Neighborhood Commission’s own determination, or upon the receipt of a written allegation that a vacancy has occurred in such Advisory Neighborhood Commission. Consideration of the resolution shall meet all of the requirements as prescribed in D.C. Official Code § 1-309.06 (f)(2).

1301.2 A copy of the resolution, the minutes of the meeting at which the resolution was adopted, and a list of those individuals in attendance at the public meeting shall be sent to the Board, the Council of the District of Columbia, the Mayor, and the affected Commissioner. The resolution shall be a document, separate from all other papers, which states the reason for the vacancy. A separate resolution shall be required for each vacancy.

1301.3 The Executive Director or his or her designee shall post, by making available for public inspection, the resolution in the office of the Board for ten (10) working days, beginning on the third working day after receipt of the resolution.

1301.4 Any qualified elector may, within the ten (10) day period, challenge the validity of the resolution by a written statement, duly signed by the challenger and filed with the Board, specifying concisely the alleged defects in the resolution.

1301.5 Within three (3) working days of receipt of a challenge, the Board shall serve, in person or by certified mail, a copy of the challenge upon the Chairperson of the affected Advisory Neighborhood Commission.

1301.6 The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged resolution not more than thirty (30) days after the challenge has been filed.

1301.7 If the Board upholds the validity of the resolution, it shall certify the seat as vacant and forward a copy of the certification and the resolution, by personal service or certified mail, within three (3) working days, to the Chairperson of the respective Advisory Neighborhood Commission. Within three (3) days after certification of the vacancy, either the challenger or the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of the determination.

1301.8 If, at the expiration of the challenge period, no challenge has been filed with respect to the resolution, the Board shall certify the vacancy.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1095 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1301

3 DCMR § 1302 DECLARATION OF VACANCY BY THE BOARD

1302.1 The Board may declare and certify a vacancy on its own initiative when:

The office of a Commissioner remains vacant after a general or special election; or

The Board determines, through its established procedures for the maintenance of the voter registration roll, that a Commissioner is no longer a registered qualified elector actually residing in the single-member district from which the Commissioner was elected; provided that such voter roll maintenance procedures shall not include qualification challenges that can otherwise be presented to the appropriate Neighborhood Advisory Commission in accordance with Section 1301 of this chapter.

1302.2 If the Executive Director, through voter registration list maintenance activities, receives evidence that a Commissioner is no longer a registered qualified elector residing in the Single-Member District from which he or she was elected, the Executive Director, or his or her designee, shall present such evidence to the Board at a public hearing to determine whether a vacancy should be certified.

1302.3 The Executive Director or his or her designee shall notify the Commissioner by certified mail of the hearing and provide the evidence supporting the existence of the vacancy. The hearing shall be held no fewer than twenty (20) days after the mailing of the Notice.

1302.4 The notice shall include the following information:

(a) A statement that the Executive Director or his or her designee shall present evidence that the Commissioner is not a registered qualified elector residing in the Single-Member District from which elected; and

(b) A statement that the Commissioner may rebut the evidence, in-person or in writing.

1302.5 The Executive Director or his or her designee shall send copies of the notice to the following:

(a) The Chairperson of the affected commission;

(b) The Council of the District of Columbia; and

1302.6 The Board shall consider the Executive Director’s evidence and any evidence presented in the rebuttal by the Commissioner. If the Board finds that the Commissioner is not a registered qualified elector residing in the Single-Member District from which he or she was elected, the Board shall certify the seat as vacant.

1302.7 Within three (3) days after the certification of the vacancy, the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1095 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1302

3 DCMR § 1303 CERTIFICATION OF VACANCY AND PETITIONS

1303.1 Except when the vacancy occurs due to the Commissioner’s failure to reside in the District from which the Commissioner was elected, the Executive Director or his or her designee shall be authorized to certify the seat as vacant and submit the notice for publication in the D.C. Register. Within five (5) business days after the date that the vacancy notice is published in the D.C. Register, the Executive Director shall make petitions available for obtaining signatures of registered electors within the respective Single-Member District, except that if a vacancy occurs within six (6) months of a general election, nominating petitions shall not be made available and the seat shall remain vacant for the remainder of the term of office. In the event petitions are not obtained by any registered qualified elector within the affected Single-Member District within fourteen (14) working days after petitions have been made available, the Board shall republish the vacancy notice.

1303.2 All rules established in Chapter 16 of this title shall apply, except that:

The candidate’s petition, affidavits, and supplements, if any, shall be filed with the Board at its office not later than 4:45 p.m. within twenty-one (21) days after the date on which the Executive Director makes the petitions available;

The candidate’s Declaration of Candidacy shall be filed before the Registrar will issue the nominating petition for the particular office sought; and

The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection for five (5) working days beginning on the third (3rd) business day after the filing deadline.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1095-96 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1303

3 DCMR § 1304 APPOINTMENT OR ELECTION

1304.1 Upon conclusion of the five (5) day nominating petition challenge period, the Executive Director or his or her designee shall certify the list of qualified candidates to fill the vacancy.

1304.2 If there is only one qualified candidate to fill the vacancy, the Executive Director shall certify the office as being filled by notice published in the District of Columbia Register.

1304.3 If more than one qualified candidate is certified, the Executive Director shall transmit the list of qualified candidates to the affected area Advisory Neighborhood Commission. The Commission shall give notice at a public meeting of the time and location for the election of the new commissioner. After the vacancy has been filled, the Commission shall transmit to the Board a resolution signed by the Chairman and Secretary of the Advisory Neighborhood Commission that states the winner of the election and requests that the Board certify the vacancy as filled by notice published in the District of Columbia Register.

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1096-97 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1304

3 DCMR § 1305 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1928 (April 12, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1305

3 DCMR § 1306 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1099 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1306

3 DCMR § 1307 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 11004 (March 1, 1996); as amended by Final Rulemaking published at 47 DCR 5927 (July 28, 2000); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1307

3 DCMR § 1308 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1101 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1308

3 DCMR § 1309 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1101-02 (March 1, 1996); as amended by Final Rulemaking published at 46 DCR 4335 (May 14, 1999); as amended by Final Rulemaking published at 47 DCR 5927-28 (July 28, 2000); as amended by Final Rulemaking published at 58 DCR 941, 973 (February 10, 2012); as amended by Final Rulemaking published at 59 DCR 4773, 4778 (May 11, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1309

3 DCMR § 1310 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1102 (March 1, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1310

3 DCMR § 1311 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 1078, 1102 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1311

3-14 CANDIDATE NOMINATIONS: POLITICAL PARTY PRIMARIES FOR PRESIDENTIAL PREFERENCE AND CONVENTION DELEGATES

3 DCMR § 1400 GENERAL PROVISIONS

1400.1 This chapter governs the process by which candidates for nomination for President of the United States (“candidate for presidential nominee”) of each eligible political party in the District seek ballot access for the presidential preference primary.

1400.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

(a) The term “eligible party” or “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08 (h)(2);

(b) The term “qualified petition circulator” means an individual who is:

(1) At least 17 years of age and who will be 18 years of age on or before the next general election; and

(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

1400.3 The governing body of each eligible political party shall file the following with the Board of Elections, no later than one hundred eighty (180) days prior to the presidential preference primary election:

(a) Notification of that party’s intent to conduct a presidential preference primary; and

(b) A plan for the election detailing the procedures to be followed in the selection of individual delegates and alternates to the convention of that party, including procedures for the selection of committed and uncommitted delegates (“party plan”).

1400.4 The Board shall adhere to party plan procedures to the extent that such plan does not conflict with District law and regulations. If the party plan conflicts with District law and regulations, the General Counsel or his or her designee shall inform the party of the conflict.

1400.5 Notwithstanding 1400.4, if a party’s rules provide for candidate qualification by means other than gathering petition signatures, the candidate must comply with the rules of the candidate’s political party for being listed on the ballot and the political party shall certify to the Board no later than 24 hours after the date that is 90 days before the date of such presidential preference primary election the names of candidates for nomination who have qualified by such means.

1400.6 The delegates and alternates, of each political party in the District of Columbia to the national convention of that party convened for the nomination of that party for President shall be obliged to vote only for the candidate whom the delegate or alternate has been selected to represent in accordance with properly promulgated rules of the political party, on the 1st ballot cast at the convention for nominees for President, or until such time as such candidate to whom the delegate is committed withdraws the candidate's candidacy, whichever occurs first.

History

SOURCE: Final Rulemaking published at 43 DCR 1350 (March 15, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1400

3 DCMR § 1401 RESERVED

History

SOURCE: Final Rulemaking published at 43 DCR 1350-51 (March 15, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1401

3 DCMR § 1402 PETITION FORM

1402.1 A nominating petition form shall be separately prepared and issued by the Executive Director or their designee for each candidate for presidential nominee.

1402.2 The petition shall contain the following information:

(a) The full name and state of residence of the candidate for presidential nominee, or if the petition is used to nominate an uncommitted delegation pursuant to party plan, the word "uncommitted" shall be placed on the petition in the space provided for the presidential candidate’s name and state of residence;

(b) The name of the political party with which the candidate for presidential nominee, or uncommitted delegation, is affiliated;

(c) The name, address, voter registration number, and office sought by each candidate for convention delegate or alternate, if the party plan provides that convention delegates and alternates are to be listed on the ballot or on a separate reference sheet provided to the voter with the ballot;

(d) A statement that all of the signatories to the petition shall be of the same political party as the nominee; and

(e) A circulator’s affidavit, providing space for the circulator of a nominating petition to record their name, address, and telephone number. By signing the affidavit, the circulator swears under oath or affirms that they:

Are a qualified petition circulator;

Personally circulated the petition sheet;

Personally witnessed the signing of each signature on the petition sheet;

Inquired whether each signer is a registered voter in the District of Columbia and that the signer is a registered voter in the same political party as the candidate seeking nomination; and

Have not written, altered, corrected, clarified, or obscured information on the petition about the signer of the petition after the signer affixed their signature to the petition.

1402.3 A candidate shall be permitted to choose a paper and/or electronic nominating petition form. Unless specified, the laws and rules concerning the circulation of petitions, including, but not limited to, the qualifications of circulators, the validity of signatures, and challenges to petitions, shall apply regardless of the format of the petition.

1402.4 No nominating petition shall be issued to any person other than the candidate whose name appears on the first page of the petition, unless the Board receives written notice from the candidate which authorizes the Board to release petitions in their name. The authorization shall include the following:

(a) Candidate’s name;

(b) Office which the candidate seeks and political party; and

1402.5 Each circulator circulating an electronic petition shall register their device in-person at the Board’s office. The circulator shall provide a unique and valid email address for account registration and device authentication. No circulator shall have a registered account for electronic petition circulation unless their device has been authenticated.

History

SOURCE: Final Rulemaking published at 39 DCR 2467, 2508-09 (April 10, 1992); as amended by Final Rulemaking published at 43 DCR 1350, 1352 (March 15, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 69 DCR 001132 (February 11, 2022); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1402

3 DCMR § 1403 SIGNATURE REQUIREMENTS

1403.1 To obtain ballot access, a candidate shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) One thousand (1,000) valid signatures of registered qualified electors who are registered in the same political party as the candidate(s); or

(b) The valid signatures of one percent (1%) of registered qualified electors of the District who are registered in the same political party as the candidate(s) as shown by the records of the Board as of the 144th day before the date of the presidential preference primary.

1403.2 The maximum number of signatures that the Board will accept for filing is two (2) times the minimum number of signatures as required by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1405.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.

History

SOURCE: Final Rulemaking published at 43 DCR 1350, 1352 (March 15, 1996); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 7021 (July 11, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1403

3 DCMR § 1404 NON-RESIDENT CIRCULATORS

1404.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:

Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;

Provides his or her name, residential address, telephone number, and email address;

Swears under oath or affirms that he or she is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;

Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1404.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:

(a) A copy of a current and valid government-issued photo identification;

(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1972-73 (May 9, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5305 (October 14, 1983); as amended by Final Rulemaking published at 46 DCR 4335, 4336 (May 14, 1999);as amended by Final Rulemaking 47 DCR 5927, 5928 (July 28, 2000); as amended by Final Rulemaking published at 46 DCR 4336 (May 14, 1999); as amended by Final Rulemaking published at 47 DCR 5928 (July 28, 2000); as amended by Final Rulemaking published at 58 DCR 941, 975 (February 10, 2012); as amended by Final Rulemaking published at 59 DCR 4773, 4778 (May 11, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1404

3 DCMR § 1405 FILING PETITIONS

1405.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.

1405.2 At the time of filing the nomination by petition, the following affidavits, forms, and declarations shall be filed on forms prescribed by the Board:

(a) If the petition nominates a specific presidential candidate, an affidavit executed personally by the presidential candidate (“Affidavit of Presidential Nominee Candidate”) naming the candidates for delegate and alternate and stating their consent to the following:

(1) The appearance of his or her name on the primary ballot; and

(2) If applicable, the appearance of each named delegate/alternate being listed on the ballot (or separate handout) as committed to his or her candidacy;

(b) If the petition nominates “uncommitted” delegates, one of the following affidavits or forms:

(1) If the party plan does not require the listing of delegates/alternates on the ballot or separate handout, an affidavit filed by the sponsor of the petition effort that he or she is a sponsor of the petition to place “uncommitted” on the ballot; or

(2) If the party plan requires listing of delegates/alternates on the ballot or separate handout, a “Delegate Slate Registration Form” which provides the names of all candidates for delegate/alternate, and the name, address, telephone number and signature of the individual who is authorized to represent the delegates/alternates in matters before the Board;

(c) A Declaration of Candidacy for each candidate for delegate and alternate, as required by Chapter 6 of this title; and

(d) An affidavit from each candidate for delegate and alternate stating that he or she was properly selected as a delegate/alternate pursuant to party rules (“declaration of proper selection”).

1405.3 The nominating petition and supporting affidavits shall be filed in person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition filing deadline”). The Declaration of Candidacy required pursuant to Chapter 6 of this title must be filed before the Registrar will issue the nominating petition for the particular office sought. Any candidate may file petition supplements prior to the petition filing deadline. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition filing deadline. All petitions and supplements shall be accompanied by an affidavit executed by the person filing the petition or supplement attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures.

1405.4 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:

(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;

(b) Be on a form issued by the Executive Director or his or her designee in accordance with the rules of this chapter; and

1405.5 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.

1405.6 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate for delegate and alternate.

1405.7 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2016 Repl.), along with the Executive Director’s preliminary determination.

1405.8 Within three (3) days of issuing a notice of petition insufficiency, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.

1405.9 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.

1405.10 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2016 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2016 Repl.)).

1405.11 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2016 Repl.); however, in no case shall the time allowed for the appeal exceed three (3) business days from the date of decision of the one-member panel.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1972-73 (May 9, 1980); as amended by Final Rulemaking published at 35 DCR 2006, 2018 (March 11, 1988); as amended by Final Rulemaking published at 43 DCR 1350, 1353 (March 15, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1405

3 DCMR § 1406 PETITION CHALLENGES

1406.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law. A challenge to a nominating petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1406.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in Chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board’s office by a qualified elector by no later than 5:00 p.m. on the 10th day of the challenge period;

It alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access; and

It appears on its face to be based on a good faith review of each signature and circulator affidavit. An absence of good faith may be determined where the Board’s preliminary review of the challenge indicates that the defect(s) alleged for a substantial number of signatures and/or circulator affidavits could not reasonably be found to apply to such signatures and/or circulator affidavits.

A challenge on grounds other than the alleged invalidity of any petition signature will be properly filed if it concisely sets forth a procedural or other defect.

1406.3 Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the candidate in-person, by first-class mail, or by email. In addition, the Board’s General Counsel may schedule a pre-hearing conference between the parties.

1406.4 After the receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.

1406.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1406.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the nominating petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1406.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.

1406.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

1406.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1972-73 (May 9, 1980); as amended by Final Rulemaking published at 32 DCR 5751, 5758 (October 11, 1985); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1406

3 DCMR § 1407 VALIDITY OF SIGNATURES

1407.1 Once a petition has been properly challenged pursuant to this chapter, a challenged signature shall not be counted as valid in any of the following circumstances:

(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(b) The signer, according to the Board’s records, is not registered to vote at the address entered by the signer on the petition at the time the petition was signed; provided that an address on a petition which is different than the address which appears on the Board's records shall be deemed valid if the signer's current address is within the boundary from which the candidate seeks nomination and the signer files a change of address form with the Board by no later than 5:00 p.m. on the 10th day after the candidate receives notice of the challenge;

(d) The signature is not dated;

(e) The petition does not include the address of the signer;

(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;

(h) The circulator of the petition failed to complete or correctly enter all required information in the circulator’s affidavit;

(i) The signature is not made by the person whose signature it purports to be; provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;

(j) The signature was not personally witnessed by the circulator;

(k) The signature appears on a sheet that was not personally circulated by the circulator;

(l) The signer is not registered to vote in the same party as the candidate at the time the petition is signed;

(m) The signer is not a U.S. citizen;

(n) Correction fluid or tape was used on information provided by the circulator in the circulator affidavit;

(o) Correction fluid or tape was used on information provided by the signer, including their name, address, signature, or date of signing; or

(p) Information about the signer was written, altered, corrected, clarified, or obscured on the petition by a person other than the signer, and the signer did not request such assistance before affixing their signature.

1407.2 Notwithstanding Subsection 1407.1, the Board may waive a defect for good cause shown unless waiver would conflict with a statutory petition requirement.

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1407

3 DCMR § 1408 WRITE-IN NOMINATION

1408.1 Write-in nominations for President and Vice President of the United States shall be permitted, subject to the party’s plan submitted to the Board pursuant to this chapter. Affirmation of write-in candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.

History

SOURCE: Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1408

3-15 CANDIDATE NOMINATIONS: ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES

3 DCMR § 1500 GENERAL PROVISIONS

1500.1 This chapter governs the process for obtaining ballot access and the process by which candidates seek nomination to the office of elector of President and Vice President of the United States (hereinafter, “presidential electors”).

1500.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

(a) The term “ballot access” means the process by which the names of candidates for President and Vice President are placed on the general election ballot.

(b) The term “authorized political party” means a political party that was organized prior to and continuously from the passage of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.), or whose name has been approved by the Board pursuant to the rules of this chapter;

(1) At least 17 years of age and who will be 18 years of age on or before the next general election; and

(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

1500.3 To obtain ballot access, presidential electors shall be nominated in either of the following manners:

(a) By message; or

(b) By nominating petition.

1500.4 Each authorized political party which had in the next preceding election year at least seven thousand five hundred (7,500) votes cast in the general election for a candidate of the party to the office of Delegate, Mayor, Chairman of the Council, or member of the Council may obtain ballot access and nominate presidential electors by message pursuant to the provisions of D.C. Official Code § 1-1001.10 (2011 Repl.). Nominations made by message shall be in writing, signed by the chairperson or other duly authorized official of the party’s executive committee in the District of Columbia, and shall contain the following information:

(a) The name of the political party;

(b) The names of the party’s candidates for President and Vice President; and

1500.5 Each authorized political party which is ineligible to nominate presidential electors by message shall obtain ballot access by nominating presidential electors by petition pursuant to the rules of this chapter. Candidates without a party affiliation (“independents”) shall also obtain ballot access by nominating presidential electors by petition.

1500.6 In addition to the filing of either the nomination by message or nomination by petition, the following affidavits and declarations shall also be filed on forms prescribed by the Board:

(a) An affidavit from each of the three (3) candidates for presidential electors (“Affidavit of Presidential Elector Candidate”) stating that:

(1) The candidate meets all the legal requirements for office;

The nomination as a candidate for presidential elector is filed with the nominee’s knowledge and consent;

If elected as a presidential elector, the candidate shall vote in the electoral college for the presidential and vice presidential candidates nominated by the designated political party or whose nomination the accompanying petition was filed in support of; and

The candidate acknowledges that, in accordance with D.C. Official Code § 1-1001.08(g)(3), his or her presidential elector ballot shall not be accepted if he or she does not vote for the candidate of the party he or she was elected to represent, and that if he or she refuses to present a ballot, presents an unmarked ballot, or refuses to vote for the candidate of the party whom the elector has been selected to represent, he or she shall vacate the office of the elector.

(b) An affidavit executed personally by the presidential and vice presidential candidates (“Affidavit of Presidential and Vice Presidential Candidate”), stating their consent to the following:

(1) The appearance of their names on the general election ballot; and

(2) Representation in the electoral college by each of the three (3) named presidential electors, in the event that their presidential electors are elected in the District of Columbia; and

(c) A Declaration of Candidacy for each candidate for presidential elector, executed in accordance with Chapter 6 of this title.

1500.7 Nominations by message and supporting affidavits and Declarations of Candidacy shall be filed with the Board not later than 5:00 p.m. on September 1st of each presidential election year, unless the deadline for these documents has been waived for good cause following the executive committee’s written request for such waiver to the Board.

1500.8 In the case of a nomination by petition, the Declaration of Candidacy must be filed before the Registrar will issue the nominating petition.

1500.9 Each person elected as elector of President and Vice President shall, in the presence of the Board, take an oath or solemnly affirm that the person will vote for the candidates of the party the person has been nominated to represent, and it shall be the person’s duty to vote in such manner in the electoral college.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1939-40 (May 9, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5305 (October 14, 1983); as amended by Final Rulemaking published at 50 DCR 6696 (August 15, 2003); as amended by Final Rulemaking published at 58 DCR 941, 977 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1500

3 DCMR § 1501 APPROVAL OF POLITICAL PARTY NAMES

1501.1 Application for approval of a political party name shall be made on a form prescribed by the Board.

1501.2 The application for approval of a political party name shall include the name, address, telephone number, and voter registration number of the chairperson, treasurer, other principal officers, and each member of the duly authorized local committee of such party in the District.

1501.3 The Board may reject any name that, in the judgment of the Board, tends to confuse or mislead the public.

1501.4 No nominating petition shall be issued to a person seeking nomination as a candidate affiliated with a political party unless the name of such political party has been previously approved by a majority vote of the Board.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1941-42 (May 9, 1980); as amended by Final Rulemaking published at 35 DCR 2006, 2018-19 (March 11, 1988); as amended by Final Rulemaking published at 43 DCR 1078, 1108 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1501

3 DCMR § 1502 PETITION FORM

1502.1 A nominating petition form shall be separately prepared and issued by the Executive Director or their designee for each pair of candidates for President and Vice President.

1502.2 The petition shall contain the following information:

(a) The names of the candidates for President and Vice President and the candidates’ political party or “independent”;

(b) The names, addresses, and registration number of the three (3) candidates for presidential electors; and

(d) A statement that only the names of the candidates for President and Vice President will be listed on the ballot.

Are a qualified petition circulator;

Personally circulated the petition sheet;

Personally witnessed the signing of each signature on the petition sheet;

Inquired whether each signer is a registered voter in the District of Columbia; and

Have not written, altered, corrected, clarified, or obscured information on the petition about the signer of the petition after the signer affixed their signature to the petition.

1502.3 A candidate shall be permitted to choose a paper and/or electronic nominating petition form. Unless specified, the laws and rules concerning the circulation of petitions, including, but not limited to, the qualifications of circulators, the validity of signatures, and challenges to petitions, shall apply regardless of the format of the petition.

1502.4 No nominating petition shall be issued to any person other than the candidate whose name appears on the first page of the petition, unless the Board receives written notice from the candidate which authorizes the Board to release petitions in their name. The authorization shall include the following:

(a) Candidate’s name;

(b) Office which the candidate seeks and political party; and

1502.5 Each circulator circulating an electronic petition shall register their device in-person at the Board’s office. The circulator shall provide a unique and valid email address for account registration and device authentication. No circulator shall have a registered account for electronic petition circulation unless their device has been authenticated.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1942 (May 9, 1980); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018) ; as amended by Final Rulemaking published at 69 DCR 001132 (February 11, 2022); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1502

3 DCMR § 1503 SIGNATURE REQUIREMENTS

1503.1 To obtain ballot access, a candidate shall submit a nominating petition that contains the valid signatures of at least one percent (1%) of the registered qualified electors of the District as shown by the records of the Board as of the 144th day before the date of the presidential election.

1503.2 The maximum number of signatures that the Board will accept for filing is two (2) times the minimum number of signatures as required by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1505.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.

History

SOURCE: Final Rulemaking published at 35 DCR 2006, 2019 (March 11, 1988); as amended by Final Rulemaking published at 45 DCR 1437 (March 13, 1998); as amended by Final Rulemaking published at 29 DCR 1976 (May 14, 1982); as amended by Final Rulemaking published at 58 DCR 941, 977 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 7021 (July 11, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1503

3 DCMR § 1504 NON-RESIDENT CIRCULATORS

1504.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:

Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;

Provides his or her name, residential address, telephone number, and email address;

Swears under oath or affirms that he or she is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;

Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1504.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:

(a) A copy of a current and valid government-issued photo identification;

(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

History

SOURCE: Final Rulemaking published 39 DCR 2467, 2510 (April 10, 1992); as amended by Final Rulemaking published at 43 DCR 1078, 1108 (March 1, 1996); as amended by Final Rulemaking published at 48 DCR 11725 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2740 (March 22, 2002); as amended by Final Rulemaking published at 58 DCR 941, 977 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1504

3 DCMR § 1505 FILING PETITIONS

1505.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.

1505.2 The nominating petition and supporting affidavits shall be filed in person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition filing deadline”). The Declaration of Candidacy required pursuant to Chapter 6 of this title must be filed before the Registrar will issue the nominating petition. Any candidate may file petition supplements prior to the petition filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition filing deadline.

1505.3 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:

(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;

(b) Be accompanied by an affidavit executed by the person filing the petition, attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures; and

1505.4 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.

1505.5 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.

1505.6 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code sec. 1-1001.08 (o) (2016 Repl.), along with the Executive Director’s preliminary determination.

1505.7 Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.

1505.8 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.

1505.9 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2016 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2016 Repl.)).

1505.10 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2016 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1943 (May 9, 1980); as amended by Final Rulemaking published at 29 DCR 1223, 1224 (March 19, 1982); as amended by Final Rulemaking published at 30 DCR 5289, 5305 (October 14, 1983); as amended by Final Rulemaking published at 35 DCR 2006, 2019 (March 11, 1988); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1505

3 DCMR § 1506 PETITION CHALLENGES

1506.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law. A challenge to a nominating petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1506.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in Chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board’s office by a qualified elector by no later than 5:00 p.m. on the 10th day of the challenge period;

(c) It alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access; and

(d) It appears on its face to be based on a good faith review of each signature and circulator affidavit. An absence of good faith may be determined where the Board’s preliminary review of the challenge indicates that the defect(s) alleged for a substantial number of signatures and/or circulator affidavits could not reasonably be found to apply to such signatures and/or circulator affidavits.

A challenge on grounds other than the alleged invalidity of any petition signature will be properly filed if it concisely sets forth a procedural or other defect.

1506.3 Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the candidate in-person, by first-class mail, or by email. In addition, the Board’s General Counsel may schedule a pre-hearing conference between the parties.

1506.4 After the receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.

1506.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1506.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the nominating petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1506.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.

1506.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

1506.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1944 (May 9, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5306 (October 14, 1983); as amended by Final Rulemaking published at 43 DCR 1078, 1108 (March 1, 1996); as amended by Final Rulemaking published at 46 DCR 4336 (May 14, 1999); as amended by Final Rulemaking published at 47 DCR 5927, 5928 (July 28, 2000); as amended by Final Rulemaking published at 58 DCR 941, 977 (February 10, 2012); as amended by Final Rulemaking published at 59 DCR 4773, 4778 (May 11, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1506

3 DCMR § 1507 VALIDITY OF SIGNATURES

1507.1 Once a petition has been properly challenged pursuant to this chapter, a challenged signature shall not be counted as valid in any of the following circumstances:

(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(d) The signature is not dated;

(e) The petition does not include the address of the signer;

(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;

(h) The circulator of the petition failed to complete or correctly enter all required information in the circulator’s affidavit;

The signature is not made by the person whose signature it purports to be; provided that registered voters who are unable to sign their names may make their marks in the space for signature. These marks shall not be counted as valid signatures unless the persons witnessing the marks shall attach to the petition affidavits that they explained the contents of the petitions to the signatories and witnessed their marks;

The signature was not personally witnessed by the circulator;

The signature appears on a sheet that was not personally circulated by the circulator;

The signer is not a U.S. citizen;

Correction fluid or tape was used on information provided by the circulator in the circulator affidavit;

Correction fluid or tape was used on information provided by the signer, including their name, address, signature, or date of signing; or

1507.2 Notwithstanding Subsection 1507.1, the Board may waive a defect for good cause shown unless waiver would conflict with a statutory petition requirement.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1944 (May 9, 1980); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1507

3 DCMR § 1508 WRITE-IN NOMINATION

1508.1 Write-in nominations for President and Vice President of the United States shall be permitted. Affirmation of write-in candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1944 (May 9, 1980); as amended by Final Rulemaking published at 32 DCR 5751, 5758 (October 11, 1985); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1508

3-16 CANDIDATE NOMINATION: DELEGATE TO THE U.S. HOUSE OF REPRESENTATIVES, MAYOR, CHAIRMAN AND MEMBERS OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, ATTORNEY GENERAL, U.S. SENATOR, U.S. REPRESENTATIVE, MEMBERS OF THE STATE BOARD OF EDUCATION, AND ADVISORY NEIGHBORHOOD COMMISSIONER

3 DCMR § 1600 GENERAL PROVISIONS

1600.1 This chapter governs the process by which candidates seek nomination to the offices of Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, U.S Representative, Members of the State Board of Education, and Advisory Neighborhood Commissioner.

1600.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

(a) The term “authorized political party” means a political party that was organized prior to and continuously from the passage of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §§ 1-1001.01 et seq.), or whose name has been approved by the Board pursuant to the rules of this chapter;

(b) The term “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08(h)(2);

(c) The term “minor party” means an authorized political party which is not qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08(h)(2);

(d) The term “District partisan office” means the offices of Delegate to the U.S. House of Representatives, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, and U.S Representative;

(e) The term “direct nomination” (“nominated directly”) means seeking nomination during an election other than a primary pursuant to D.C. Official Code § 1-1001.08(j)(1);

(f) The term “qualified petition circulator” means an individual who is:

At least 17 years of age and who will be 18 years of age on or before the next general election; and

Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

(g) The term “independent” refers to an individual who is not affiliated with any authorized political party.

1600.3 Each candidate for District partisan office shall seek nomination as a candidate who is either:

Registered with a major party;

Registered with a minor party; or

Registered as an independent.

1600.4 Any person who seeks nomination as a candidate for District partisan office and who is registered with a major party shall be required to seek nomination during such political party’s primary election. No person who is registered with a major party shall be nominated directly as a candidate for District partisan office in any general election.

1600.5 No person shall be nominated directly for District partisan office in a general election if such person’s name was printed upon a ballot of any immediately preceding primary election for that office.

1600.6 Notwithstanding Subsections 1600.4 and 1600.5, a major party may nominate an individual to fill a vacancy in the position of candidate and be placed on the ballot as that party’s candidate for a District partisan office in a general election pursuant to D.C. Official Code §§ 1-1001.10(b)(1) and (d)(1). The individual the major party nominates may appear on the general election ballot provided that:

He or she meets the qualifications for holding the office sought; and

The party submits the individual’s name to the Board on or before the fifty-fourth (54th) day before the general election.

1600.7 Each candidate seeking nomination of any authorized political party shall be registered with such party.

1600.8 No person who is registered with any authorized political party shall be permitted to seek direct nomination as an independent candidate.

History

SOURCE: Final Rulemaking published at 36 DCR 8364 (December 15, 1989); as amended by Final Rulemaking published at 43 DCR 1078, 1108-09 (March 1, 1996); as amended by Final Rulemaking published at 44 DCR 689 (February 7, 1997); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1600

3 DCMR § 1601 APPROVAL OF POLITICAL PARTY NAMES

1601.1 Application for approval of a political party name shall be made on a form prescribed by the Board.

1601.2 The application for approval of a political party name shall include the name, address, telephone number, and voter registration number of the chairperson, treasurer, other principal officers, and each member of the duly authorized local committee of such party in the District.

1601.3 The Board may reject any name that, in the judgment of the Board, tends to confuse or mislead the public.

1601.4 No nominating petition shall be issued to a person seeking nomination as a candidate affiliated with a political party unless the name of such political party has been previously approved by a majority vote of the Board.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1947-48 (May 9, 1980); as amended by Final Rulemaking published at 36 DCR 8364, 8365-66 (December 15, 1989); as amended by Final Rulemaking published at 43 DCR 1078, 1109 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1601

3 DCMR § 1602 PETITION FORM

1602.1 A nominating petition form shall be separately prepared and issued by the Executive Director or their designee for each candidate seeking nomination to the office of Delegate, Mayor, Chairman and Members of the Council of the District of Columbia, Attorney General, U.S. Senator, U.S. Representative, Member of the State Board of Education, and Advisory Neighborhood Commissioner.

1602.2 The petition shall contain the following information:

The name and address of the candidate, and the office to which the candidate seeks nomination;

(b) In the case of a District partisan office, either the candidate’s political party, or “independent”;

(c) If the candidate is running from a ward or single-member district, a statement that all signatories shall be registered and be residents of the ward or single-member district from which the candidate seeks nomination;

(d) If the candidate is seeking nomination of a major party, a statement indicating that signers of the petition shall be of the same political party as the candidate;

(e) If the candidate is seeking direct access nomination, a statement indicating that any registered voter, regardless of party affiliation, may sign the petition; and

(f) A circulator’s affidavit, providing space for the circulator of a nominating petition to record their name and address. By signing the affidavit, the circulator swears under oath or affirms that they:

Are a qualified petition circulator;

Personally circulated the petition sheet;

Personally witnessed the signing of each signature on the petition sheet;

Inquired whether each signer is a registered voter in the District of Columbia, and where applicable, that the signer is a registered voter in the same political party and/or ward or single-member district as the candidate seeking nomination; and

Have not written, altered, corrected, clarified, or obscured information on the petition about the signer of the petition after the signer affixed their signature to the petition.

1602.3 A candidate shall be permitted to choose a paper and/or electronic nominating petition form. Unless specified, the laws and rules concerning the circulation of petitions, including, but not limited to, the qualifications of circulators, the validity of signatures, and challenges to petitions, shall apply regardless of the format of the petition.

1602.4 No nominating petition form shall be issued to any person other than the candidate unless the Board receives written notice from the candidate which authorizes the Board to release petitions in their name. The authorization shall include the following:

(a) Candidate’s name;

(b) Office which the candidate seeks and political party, if the office sought is partisan; and

1602.5 Each circulator circulating an electronic petition shall register their device in-person at the Board’s office. The circulator shall provide a unique and valid email address for account registration and device authentication. No circulator shall have a registered account for electronic petition circulation unless their device has been authenticated.

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8366 (December 15, 1989); as amended by Final Rulemaking published at 44 DCR 689 (February 7, 1997); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 69 DCR 001132 (February 11, 2022); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1602

3 DCMR § 1603 SIGNATURE REQUIREMENTS

1603.1 To obtain primary election ballot access, a candidate for the office of Delegate, Mayor, Attorney General, Chairman of the Council, At-Large Member of the Council, U.S. Senator or U.S. Representative shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) Two thousand (2,000) valid signatures of registered qualified electors who are registered in the same political party as the candidate; or

(b) The valid signatures of one percent (1%) of registered qualified electors of the District who are registered in the same political party as the candidate as shown by the records of the Board as of the 144th day before the date of the primary election.

1603.2 To obtain primary election ballot access, a candidate for the office of Member of the Council elected from a ward shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) Two hundred fifty (250) valid signatures of registered qualified electors who are registered in the same political party and ward as the candidate; or

(b) The valid signatures of one percent (1%) of registered qualified electors of the District who are registered in the same political party and ward as the candidate as shown by the records of the Board as of the 144th day before the date of the primary election.

1603.3 To obtain general or special election (Direct Access Nomination) ballot access, a candidate for the office of Delegate, Mayor, Attorney General, Chairman of the Council, At-Large Member of the Council, U.S. Senator, or U.S. Representative shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) Three thousand (3,000) valid signatures of registered qualified electors in the District; or

(b) The valid signatures of one and one-half per cent (1.5%) of registered qualified electors of the District as shown by the records of the Board as of the 144th day before the date of the election.

1603.4 To obtain general or special election (Direct Access Nomination) ballot access, a candidate for the office of Member of the Council from a ward shall submit a nominating petition that contains the valid signatures of at least five hundred (500) registered qualified electors who are registered in the same ward as the candidate.

1603.5 To obtain ballot access, a candidate for the office of Member of the State Board of Education elected at-large shall submit a nominating petition that contains the valid signatures of at least one thousand (1,000) registered qualified electors.

1603.6 To obtain ballot access, a candidate for the office of Member of the State Board of Education elected from a ward shall submit a nominating petition that contains the valid signatures of at least two hundred (200) registered qualified electors who are registered in the same ward as the candidate.

1603.7 To obtain ballot access, a candidate for the office of Advisory Neighborhood Commissioner shall submit a nominating petition that contains the valid signatures of at least twenty-five (25) registered qualified electors who are registered in the same single-member district as the candidate.

1603.8 [REPEALED].

1603.9 [REPEALED].

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1948 (May 9, 1980); as amended by Final Rulemaking published at 35 DCR 2006, 2020-21 (March 11, 1988); as amended by Final Rulemaking published at 36 DCR 8364, 8366 (December 15, 1989); as amended by Final Rulemaking published at 44 DCR 689 (February 7, 1997); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 7021 (July 11, 2014); as amended by the Ballot Access Modernization Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-0160; 63 DCR 10775 (August 26, 2016)); as amended by Final Rulemaking published at 67 DCR 10944 (September 11, 2020); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1603

3 DCMR § 1604 NON-RESIDENT CIRCULATORS

1604.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:

Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;

Provides his or her name, residential address, telephone number, and email address;

Swears under oath or affirms that he or she is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;

Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1604.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:

(a) A copy of a current and valid government-issued photo identification;

(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8366 (December 15, 1989); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1604

3 DCMR § 1605 FILING PETITIONS

1605.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.

1605.2 The nominating petition and supporting affidavits shall be filed in person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition filing deadline”). The Declaration of Candidacy required pursuant to Chapter 6 of this title must be filed before the Registrar will issue the nominating petition for the particular office sought. Any candidate may file petition supplements prior to the petition filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition filing deadline.

1605.3 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:

(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;

1605.4 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.

1605.5 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.

1605.6 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2016 Repl.), along with the Executive Director’s preliminary determination.

1605.7 Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.

1605.8 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.

1605.9 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2016 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2016 Repl.)).

1605.10 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2016 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8366 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1605

3 DCMR § 1606 PETITION CHALLENGES

1606.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law. A challenge to a nominating petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1606.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in Chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board’s office by a qualified elector by no later than 5:00 p.m. on the 10th day of the challenge period;

(c) It alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access; and

A challenge on grounds other than the alleged invalidity of any petition signature will be properly filed if it concisely sets forth a procedural or other defect.

1606.3 Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the candidate in-person, by first-class mail, or by email. In addition, the Board’s General Counsel may schedule a pre-hearing conference between the parties.

1606.4 After the receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.

1606.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1606.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the nominating petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1606.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.

1606.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

1606.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1949-50 (May 9, 1980); as amended by Final Rulemaking published at 36 DCR 8364, 8366 (December 15, 1989); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1606

3 DCMR § 1607 VALIDITY OF SIGNATURES

1607.1 Once a petition has been properly challenged pursuant to this chapter, a challenged signature shall not be counted as valid in any of the following circumstances:

(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(d) The signature is not dated;

(e) The petition does not include the address of the signer;

(f) The petition does not include the name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;

(h) The circulator of the petition failed to complete or correctly enter all required information in the circulator’s affidavit;

(j) The signature was not personally witnessed by the circulator;

(k) The signature appears on a sheet that was not personally circulated by the circulator;

(l) The signer is not a registered voter in the ward or Single-Member District from which the candidate seeks nomination at the time the petition was signed;

(m) On a petition to nominate a candidate in a primary election, the signer is not registered to vote in the same party as the candidate at the time the petition is signed;

(n) With respect to a petition for the office of Delegate to the U.S. House of Representatives, U.S. Senator, or U.S Representative, the signer is not a U.S. citizen;

(o) Correction fluid or tape was used on information provided by the circulator in the circulator affidavit;

Correction fluid or tape was used on information provided by the signer, including their name, address, signature, or date of signing; or

1607.2 Notwithstanding Subsection 1607.1, the Board may waive a defect for good cause shown unless waiver would conflict with a statutory petition requirement.

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8368 (December 15, 1989); as amended by Final Rulemaking published at 39 DCR 2467, 2511 (April 10, 1992); as amended by Final Rulemaking published at 43 DCR 1078, 1109 (March 1, 1996); as amended by Final Rulemaking published at 48 DCR 11725 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2740 (March 22, 2002); as amended by Final Rulemaking published at 51 DCR 5072 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 7434 (July 30, 2004); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 001923 (February 23, 2024); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1607

3 DCMR § 1608 WRITE-IN NOMINATION

1608.1 Write-in nominations for any of the offices described in this chapter shall be permitted for any election. Affirmation of the write-in nominee’s candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1950-51 (May 9, 1980); as amended by Final Rulemaking published at 29 DCR 2581-82 (June 18, 1982); as amended by Final Rulemaking published at 36 DCR 8364, 8368 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1608

3 DCMR § 1609 [REPEALED]

History

SOURCE: Final Rulemaking notices published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1951 (May 9, 1980); as amended by Final Rulemaking published at 29 DCR 2798, 2800-02 (July 2, 1982); as amended by Final Rulemaking published at 30 DCR 1700-01 (April 15, 1983); as amended by Final Rulemaking published at 30 DCR 5289, 5307 (October 14, 1983); as amended by Final Rulemaking published at 36 DCR 8364, 8369-70 (December 15, 1989); as amended by Final Rulemaking published at 43 DCR 1078, 1110 (March 1, 1996); as amended by Final Rulemaking published at 46 DCR 4335, 4337 (May 14, 1999); as amended by Final Rulemaking published at 47 DCR 5927 (July 28, 2000); as amended by Final Rulemaking published at 58 DCR 941, 980 (February 10, 2012); as amended by Final Rulemaking published at 59 DCR 4773, 4779 (May 11, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1609

3 DCMR § 1610 [REPEALED]

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8370 (December 15, 1989); as amended by Final Rulemaking published at 39 DCR 7152 (September 18, 1992); as amended by Final Rulemaking published at 48 DCR 11722 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2737 (March 22, 2002); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1610

3 DCMR § 1611 [REPEALED]

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8370 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1611

3 DCMR § 1612 [REPEALED]

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8370-71 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1612

3 DCMR § 1613 [REPEALED]

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8371 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1613

3 DCMR § 1614 [REPEALED]

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8371 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1614

3 DCMR § 1615 [REPEALED]

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1951-52 (May 9, 1980); as amended by Final Rulemaking published at 36 DCR 8364, 8371 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1615

3 DCMR § 1616 [REPEALED]

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1952 (May 9, 1980); as amended by Final Rulemaking published at 36 DCR 8364, 8371 (December 15, 1989); as amended by Final Rulemaking published at 32 DCR 5751, 5758 (October 11, 1985); as amended by Final Rulemaking published at 43 DCR 1078, 1110 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1616

3 DCMR § 1617 [REPEALED]

History

SOURCE: Final Rulemaking published at 36 DCR 8364, 8371-72 (December 15, 1989); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1617

3-17 CANDIDATES: MEMBERS AND OFFICIALS OF LOCAL COMMITTEES OF POLITICAL PARTIES AND NATIONAL COMMITTEE PERSONS

3 DCMR § 1700 GENERAL PROVISIONS

This chapter governs:

The process by which the local committee of each major party may request that elections for its members and officials be held; and

The process by which candidates for nomination for members and officials of local party committees, and for national party committeemen and committeewomen, seek ballot access during a regularly scheduled primary and the process by which candidates for party office seek nomination.

1700.2 For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

The term “major party” means an authorized political party which is qualified to hold a party primary for partisan offices pursuant to D.C. Official Code § 1-1001.08 (h)(2);

(b) The term “qualified petition circulator” means an individual who is:

At least 17 years of age and who will be 18 years of age on or before the next general election; and

(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.

(c) The term “slate” means a list of candidates that have qualified for ballot access and indicated the intent to be recognized as a group on the ballot by filing a Slate Registration Form on a form provided by the Board. Slates may be comprised of:

(1) Two (2) or more individual candidates who have qualified for ballot access by filing separate nominating petitions;

(2) A group of candidates who have qualified for ballot access by filing a single nominating petition; or

(3) A combination of individual candidates or groups of candidates who have qualified for ballot access by filing separate nominating petitions.

1700.3 The chairperson of each local party committee shall indicate the party’s intention to elect officials or committee members by a letter signed by the chairperson and filed with the Board no later than one hundred eighty (180) days before the date of a primary election (“party plan”), pursuant to D.C. Official Code § 1-1001.08 (l)(l) (2011 Repl.). The letter shall specify the number and titles of its officers or committee members to be elected at-large and by ward.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1950-51 (May 9, 1980); as amended by Final Rulemaking published at 29 DCR 2798, 2802 (July 2, 1982); as amended by Final Rulemaking published at 35 DCR 2006, 2021 (March 11, 1988); as amended by Final Rulemaking published at 43 DCR 1078, 1110 (March 1, 1996); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1700

3 DCMR § 1701 SLATES: FORMATION, AMENDMENT, AND WITHDRAWAL

1701.1 In order to achieve ballot access as a slate, the prospective members of the slate must file in-person at the Board’s office a "Statement of Slate Registration," on a form provided by the Board, no later than 4:45 p.m. on the third (3rd) day after the deadline for filing petitions.

1701.2 The Statement of Slate Registration shall contain the following:

(a) The name, address, telephone number and signature of the individual who is authorized to represent the slated candidates in matters before the Board (“authorized slate representative”);

(b) A complete listing of the candidates who are members of the slate and the office to which each seeks election;

(d) The slate name, which shall be sufficiently concise to permit the Board to print the name on the ballot on the same line with each candidate’s name; and

(e) The signatures and printed name of each of the candidates who are members of the slate; provided, that where candidates have qualified as a group, using a single nominating petition, all candidates listed on the petition must be signatories.

1701.3 Additions to slate composition or changes of slate names may be filed with the Board by the authorized slate representative as amendments to the original Statement of Slate Registration.

1701.4 Amendments to the original Statement of Slate Registration shall be filed in-person at the Board’s office by the authorized slate representative and shall be on a form provided by the Board which shall contain the following:

(a) The requested amendment(s);

(b) The signature of the authorized slate representative; and

1701.5 Any candidate or a group of candidates that qualified for the ballot by filing a single nominating petition, may withdraw from a registered slate by filing in-person at the Board’s office a Statement of Slate Withdrawal.

1701.6 The Statement of Slate Withdrawal shall contain the following:

(a) A statement that the individual candidate or group of candidates irrevocably withdraws from the slate;

(b) The signatures of each withdrawing candidate; and

(c) The signatures of all candidates listed on the petition; provided, that the candidate(s) seeking withdrawal qualified by using a single nominating petition.

1701.7 Slated candidates shall not be disqualified from the ballot for any of the following reasons:

(a) Where a candidate has withdrawn from a slate;

(b) Where a candidate has withdrawn from the ballot; or

(c) Where any candidate or a group of candidates, have been determined, by the Executive Director or his or her designee, to be ineligible to qualify as part of a slate.

1701.8 Amendments to Statements of Slate Registration and Statements of Slate Withdrawals shall be filed in-person at the Board’s office no later than 5 p.m. on the 54th day before Election Day.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1950-51 (May 9, 1980); as amended Final Rulemaking published at 35 DCR 2006, 2021-22 (March 11, 1988); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1701

3 DCMR § 1702 PETITION FORM

1702.1 A nominating petition form shall be separately prepared and issued by the

Executive Director or their designee for each candidate seeking nomination, or group of candidates seeking nomination as a slate, for office.

1702.2 Nominations for the offices of members and officials of local party committees elected at-large may be on one nominating petition.

1702.3 Nominations for the offices of members and officials of local party committees, to be elected in a single ward, may be on one nominating petition; Provided, that all the candidates stand for office only in the same ward.

1702.4 Nominations for the offices of national committeeman, national committeewoman, and the alternates may be on one nominating petition; provided, that no individual is nominated for two (2) or more offices that could not be occupied simultaneously by the same person.

1702.5 The petition shall contain the following information:

The name, address, and political party of the candidate(s), the ward (where applicable), and the office(s) to which the candidate(s) seek election;

A statement that all of the signatories to this petition must be of the same political party as the candidate(s);

If the candidate is running from a ward, a statement that all of the signatories to the petition must be registered in and residents of the ward from which the candidate seeks election; and

(d) A circulator’s affidavit, providing space for the circulator of a nominating petition to record their name, address, and telephone number. By signing the affidavit, the circulator swears under oath or affirms that they:

Are a qualified petition circulator;

Personally circulated the petition sheet;

Personally witnessed the signing of each signature on the petition sheet;

Inquired whether each signer is a registered voter in the same political party and ward, where applicable, as the candidate seeking nomination; and

Have not written, altered, corrected, clarified, or obscured information on the petition about the signer of the petition after the signer affixed their signature to the petition.

1702.6 A candidate or slate shall be permitted to choose a paper and/or electronic nominating petition form. Unless specified, the laws and rules concerning the circulation of petitions, including, but not limited to, the qualifications of circulators, the validity of signatures, and challenges to petitions, shall apply regardless of the format of the petition.

1702.7 No nominating petition shall be issued to any person other than the candidate, or the authorized slate representative, unless the Board receives written notice from the candidate or slate representative which authorizes the Board to release petitions in their name. The authorization shall include the following:

(a) Candidate’s name;

(b) Office which the candidate seeks; and

1702.8 No nominating petition shall be issued unless all "blank" spaces in the candidate(s) name section of each petition sheet are stricken such that no additional names may be appended to the petition page after it has been issued.

1702.9 Each circulator circulating an electronic petition shall register their device in-person at the Board’s office. The circulator shall provide a unique and valid email address for account registration and device authentication. No circulator shall have a registered account for electronic petition circulation unless their device has been authenticated.

History

SOURCE: Final Rulemaking published at 35 DCR 2006, 2022-24 (March 11, 1988); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 69 DCR 001132 (February 11, 2022); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1702

3 DCMR § 1703 SIGNATURE REQUIREMENTS

1703.1 To obtain ballot access, a candidate for the office of national committee person shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) Five hundred (500) valid signatures of registered qualified electors who are registered in the same political party as the candidate; or

(b) The valid signatures of one percent (1%) of registered qualified electors who are registered in the same political party as the candidate.

1703.2 To obtain ballot access, a candidate for the office of member or officer of a local party committee elected at-large shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) Five hundred (500) valid signatures of registered qualified electors who are registered in the same political party as the candidate; or

(b) The valid signatures of one percent (1%) of registered qualified electors who are registered in the same political party as the candidate.

1703.3 To obtain ballot access, a candidate for the office of member or officer of a local party committee elected from a ward shall submit a nominating petition that contains, at a minimum, the lesser of:

(a) One hundred (100) valid signatures of registered qualified electors who are registered in the same political party and ward as the candidate; or

(b) The valid signatures of one percent (1%) of registered qualified electors who are registered in the same political party and ward as the candidate.

1703.4 The maximum number of signatures that the Board will accept for filing for an office is two (2) times the minimum number of signatures as required for that office by this section. Working from the first page of a petition that has been serially numbered pursuant to Subsection 1705.1 of this chapter, the Board shall only accept for filing the maximum number of signatures that may be filed pursuant to this section.

History

SOURCE: Final Rulemaking published at 35 DCR 2006, 2024 (March 11, 1988); as amended by Final Rulemaking published at 39 DCR 2467, 2512 (April 10, 1992); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 61 DCR 7021 (July 11, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1703

3 DCMR § 1704 NON-RESIDENT CIRCULATORS

1704.1 Each petition circulator who is not a resident of the District of Columbia shall, prior to circulating a petition, complete and file in-person at the Board’s office a Non-Resident Petition Circulator Registration Form in which he or she:

Provides the name of (and office sought by) the candidate in support of which he or she will circulate the petition;

Provides his or her name, residential address, telephone number, and email address;

Swears under oath or affirms that he or she is at least seventeen (17) years of age and will be eighteen (18) years of age on or before the next general election;

Consents to submit to the Board’s subpoena power and to the jurisdiction of the Superior Court of the District of Columbia for the enforcement of Board subpoenas.

1704.2 Each non-resident petition circulator shall present proof of residence to the Board at the time he or she files the Non-Resident Petition Circulator Registration Form. Valid proof of residence is any official document showing the circulator’s name and residence address. Acceptable forms of proof of residence include:

(a) A copy of a current and valid government-issued photo identification;

(d) A copy of any other official document, including leases or residential rental agreements, occupancy statements from homeless shelters, or tuition or housing bills from colleges or universities.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1981 (May 9, 1980); as amended by Final Rulemaking published at 28 DCR 4666 (October 30, 1981), incorporating the text of Proposed Rulemaking published at 28 DCR 4009, 4011 (September 11, 1981); as amended by Final Rulemaking published at 29 DCR 1976, 1978 (May 14, 1982); as amended by Final Rulemaking published at 30 DCR 5289, 5307 (October 14, 1983); at 32 DCR 3824, 3834 (July 5, 1985); as amended by Final Rulemaking published at 35 DCR 2006, 2024-25 (March 11, 1988); as amended by Final Rulemaking published at 39 DCR 2467, 2513-14 (April 10, 1992); as amended by Final Rulemaking published at 43 DCR 1078, 1110 (March 1, 1996); as amended by Final Rulemaking published at 48 DCR 11725 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 2740 (March 22, 2002); as amended by Final Rulemaking published at 60 DCR 5582 (April 12, 2013); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 71 DCR 005415 (May 10, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1704

3 DCMR § 1705 FILING PETITIONS

1705.1 Before the nominating petition is filed, all sheets which comprise the petition shall be assembled and serially numbered.

1705.2 The nominating petition and supporting affidavits shall be filed in person at the Board’s office no later than 5:00 p.m. on the 90th day preceding the election (“petition filing deadline”). The Declaration of Candidacy required pursuant to Chapter 6 of this title must be filed before the Registrar will issue the nominating petition for the particular office sought. Any candidate may file petition supplements prior to the petition filing deadline, provided that the supplements are accompanied by an affidavit executed by the person filing them attesting that to the best of his or her knowledge, the petition is complete and contains the legally required number of valid signatures. All petitions and supplements shall be received by the Executive Director or his or her designee if filed on or before the petition filing deadline.

1705.3 Within three (3) business days following the petition-filing deadline, the Executive Director or his or her designee shall issue a preliminary determination of petition sufficiency. In order to be determined sufficient, a petition nominating a candidate shall:

(a) Contain the minimum statutory number of signatures required to obtain ballot access for the office sought;

1705.4 In determining whether the minimum statutory number of signatures is contained in the nominating petition, the Executive Director or his or her designee shall not count any signatures submitted on petition pages that fail to include a completed circulator’s affidavit or any signatures of registered voters who submitted a written notarized request to disallow the voter’s signature from being counted on the petition; provided, that the request shall be received prior to the time the petition is filed.

1705.5 Notice of the Executive Director’s preliminary determination of petition sufficiency shall be served immediately by email or first-class mail upon each candidate.

1705.6 In the event that it is determined that a candidate’s nominating petition is insufficient, the candidate’s nominating petition shall nevertheless be posted for the challenge period specified in D.C. Official Code § 1-1001.08 (o) (2016 Repl.), along with the Executive Director’s preliminary determination.

1705.7 Within three (3) days of issuing a notice of an adverse determination, a candidate aggrieved by the decision may file a written notice of appeal with the Board, duly signed by the candidate and specifying concisely the grounds for appeal.

1705.8 The Board shall hold a hearing on the appeal within three (3) days after receipt of the appeal notice.

1705.9 The hearing shall be conducted in accordance with the procedures provided in the District of Columbia Administrative Procedure Act, (D.C. Official Code §§ 2-501 et seq. (2016 Repl.)), and may be heard by a one-member panel (D.C. Official Code § 1-1001.05 (g) (2016 Repl.)).

1705.10 Any appeal from a decision of a one-member panel to the full Board shall be taken in the manner prescribed by D.C. Official Code § 1-1001.05 (g) (2016 Repl.); however, in no case shall the time allowed for the appeal exceed fourteen (14) calendar days from the date of decision of the one-member panel.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1981-82 (May 9, 1980); as amended by Final Rulemaking published at 29 DCR 1223, 1224 (March 19, 1982); as amended by Final Rulemaking published at 35 DCR 2006, 2025-26 (March 11, 1988); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 65 DCR 5644 (May 18, 2018); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 71 DCR 004475 (April 19, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1705

3 DCMR § 1706 PETITION CHALLENGES

1706.1 The Executive Director or his or her designee shall post nominating petitions, or facsimiles thereof, in the Board’s office for public inspection and opportunity for challenge on the basis of an insufficient number of valid signatures or any other grounds by any qualified elector(s) for ten (10) days, including Saturdays, Sundays, and holidays, beginning on the third (3rd) calendar day after the petition-filing deadline required by law. A challenge to a nominating petition that is not properly submitted to the Board within the challenge period shall not be accepted.

1706.2 Except as provided in this section, the Board shall adjudicate the validity of each properly filed challenge in accordance with the procedures prescribed in Chapter 4 of this title. A challenge to the validity of the signatures on the petition is properly filed if:

(a) It cites the alleged signature or circulator requirement defects, as set forth in the signature validity rules of this chapter, by line and page;

(b) It is signed and submitted in-person at the Board’s office by a qualified elector by no later than 5:00 p.m. on the 10th day of the challenge period;

(c) It alleges the minimum number of signature defects which, if valid, would render the prospective candidate ineligible for ballot access; and

A challenge on grounds other than the alleged invalidity of any petition signature will be properly filed if it concisely sets forth a procedural or other defect.

1706.3 Upon the receipt of a properly filed challenge, the General Counsel or his or her designee shall promptly serve a copy of the challenge upon the candidate in-person, by first-class mail, or by email. In addition, the Board’s General Counsel may schedule a pre-hearing conference between the parties.

1706.4 After the receipt of a properly filed challenge that is based on allegedly invalid signatures, the Board’s staff shall search the Board’s permanent registration records to prepare a recommendation to the Board as to the validity of the challenge. The scope of the search shall be limited to matters raised in the challenge. In the event Board staff discovers a fatal defect either on the face of a petition or pursuant to a record search concerning a specific allegation or challenge, the Board may, on its own motion, declare any signature(s) invalid, notwithstanding the defect was not alleged or challenged; alternatively, the Board, in its discretion, may waive any formal error.

1706.5 The Board shall receive evidence in support of and in opposition to the challenge and shall rule on the validity of the challenge no more than twenty (20) days after the challenge has been filed. The Board shall consider any other evidence as may be submitted, including but not limited to, documentary evidence, affidavits, and oral testimony.

1706.6 The Board, in view of the fact that it shall hear and determine the validity of the challenge within a limited time, may limit examination and cross-examination of witnesses to the following:

(a) Objections and specifications of such objections, if any, to the nominating petition; and

(b) Objections and specifications of such objections, if any, to the petition challenge.

1706.7 Based upon the evidence received, the Board shall either reject or uphold the challenge, and accordingly grant or deny ballot access to the candidate whose petition was challenged.

1706.8 If a one (1)-member Board panel makes a determination on the validity of a challenge, either the challenger or any person named in the challenged petition as a nominee may apply to either the full Board or the District of Columbia Court of Appeals for a review of such determination within three (3) days after the announcement of the one (1)-member panel determination; provided that any appeal to the full Board must be made in time to permit the Board to resolve the matter by no later than twenty (20) days after the challenge has been filed. An appeal from a full Board determination to the Court of Appeals shall be made within three (3) days.

1706.9 If at the expiration of the challenge period referred to in this section, no challenge has been filed with respect to a nominating petition, the Executive Director, or his or her designee, shall certify the candidate, and the candidate’s name shall be printed on the ballot.

History

SOURCE: Final Rulemaking published at 35 DCR 2006, 2026 (March 11, 1988); as amended by Final Rulemaking published at 46 DCR 4335, 4337 (May 14, 1999); as amended by Final Rulemaking published at 47 DCR 5927 (July 28, 2000); as amended by Emergency and Proposed Rulemaking published at 58 DCR 10752 (December 16, 2011)[EXPIRED];as amended by Final Rulemaking published at 59 DCR 941, 983 (February 10, 2012); as amended by Final Rulemaking published at 59 DCR 4773, 4779 (May 11, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1706

3 DCMR § 1707 VALIDITY OF SIGNATURES

1707.1 Once a petition has been properly challenged pursuant to this chapter, a challenged signature shall not be counted as valid in any of the following circumstances:

(a) The signer’s voter registration was designated as inactive on the voter roll at the time the petition was signed;

(d) The signature is not dated;

(e) The petition does not include the address of the signer;

The petition does not include the name of the signer where the signature is not sufficiently legible for identification;

(g) The circulator of the petition sheet was not a qualified petition circulator at the time the petition was signed;

(h) The circulator of the petition failed to complete or correctly enter all required information in the circulator’s affidavit;

The signature was not personally witnessed by the circulator;

The signature appears on a sheet that was not personally circulated by the circulator;

The signer is not a registered voter in the ward from which the candidate seeks nomination at the time the petition was signed;

The signer is not registered to vote in the same party as the candidate at the time the petition is signed;

The signer is not a U.S. citizen;

Correction fluid or tape was used on information provided by the circulator

in the circulator affidavit;

Correction fluid or tape was used on information provided by the signer, including their name, address, signature, or date of signing; or

1707.2 Notwithstanding Subsection 1707.1, the Board may waive a defect for good cause shown unless waiver would conflict with a statutory petition requirement.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1983 (May 9, 1980); as amended by Final Rulemaking published at 35 DCR 2006, 2027 (March 11, 1988); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1707

3 DCMR § 1708 WRITE-IN NOMINATION

1708.1 Write-in nominations are permitted, subject to the party’s plan submitted to the Board pursuant to this chapter. If permitted, affirmation of the write-in nominee’s candidacy shall proceed in accordance with the provisions of Chapter 6 of this title.

History

SOURCE: Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1983 (May 9, 1980); as amended by Final Rulemaking published at 32 DCR 5751, 5759 (October 11, 1985); as amended by Final Rulemaking published at 35 DCR 2006, 2027 (March 11, 1988); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1708

3-18 CHARTER AMENDING PROCEDURES

3 DCMR § 1800 GENERAL PROVISIONS

1800.1 In accordance with the provisions of the D.C. Self-Government Act, the District Charter may be amended by an act passed by the Council of the District of Columbia and ratified by a majority of the registered qualified electors of the District voting in the election held for ratification in accordance with the provisions of this Chapter.

1800.2 Any committee organized in support of, or in opposition to, a proposed Charter amendment shall file a verified statement of contributions with the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 35 DCR 5454, 5458-59 (July 15, 1988); as amended by Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1800

3 DCMR § 1801 COMMENCEMENT OF CHARTER AMENDING PROCESS

1801.1 In order to commence the Charter amending process, the Council of the District of Columbia shall pass an Act that:

Constitutes the proposed Charter amendment in its entirety; or

Contains one (1) or more provisions that would amend the Charter.

1801.2 Following approval of the Act by the Mayor or, in the event of a veto by the Mayor, action by the Council to override the veto, the Chairman of the Council shall transmit the Act to the Board.

1801.3 If the Act makes multiple amendments to the Charter, each amendment shall be identified as a proposed Charter amendment and subjected to a separate referendum.

1801.4 The first proposed Charter amendment shall be numbered "I" in Roman numerals. Succeeding proposed Charter amendments shall be numbered "II, III, IV," and so on ad infinitum.

1801.5 Once assigned a serial number, a proposed Charter amendment shall be known and designated on all election ballots, and throughout all proceedings, as "Proposed Charter Amendment ."

1801.6 Within five (5) days after the Board receives the proposed Charter amendment(s), the Board shall submit for publication in the D.C. Register a "Notice of Public Hearing: Receipt and Intent to Formulate Proposed Ballot Language."

1801.7 The "Notice of Public Hearing: Receipt and Intent to Formulate Proposed Ballot Language" shall include either the entire Act or the provisions of the Act that would amend the Charter.

History

SOURCE: Final Rulemaking published at 35 DCR 5454, 5458-59 (July 15, 1988); as amended by Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1801

3 DCMR § 1802 PREPARATION OF SHORT TITLE AND SUMMARY STATEMENT

1802.1 Within twenty (20) calendar days after receipt of the proposed Charter amendment, the Board shall conduct a public meeting to formulate for each proposed Charter amendment:

An abbreviated and impartial summary statement of no more than one hundred fifty (150) words, which expresses the chief purpose of the amendment; and

A short title of no more than twenty (20) words by which the amendment will be readily identifiable and distinguishable from other measures which may appear on the ballot.

1802.2 The summary statement and short title formulated by the Board shall accurately and impartially reflect the meaning and intent of the proposed Charter amendment and shall not intentionally create prejudice for or against the measure.

1802.3 The following shall apply to the counting of words in the summary statement prepared by the Board pursuant to § 1802.1:

Punctuation is not counted;

Each word shall be counted as one (1) word except as specified in this subsection;

All geographical names shall be considered as one (1) word; for example, "District of Columbia" shall be counted as one (1) word;

Each abbreviation for a word, phrase, or expression shall be counted as one (1) word;

Hyphenated words that appear in any generally available dictionary shall be considered as one (1) word. Each part of all other hyphenated words shall be counted as a separate word;

Dates consisting of a combination of words and digits shall be counted as two (2) words. Dates consisting only of combination of digits shall be counted as one (1) word; and

Any number consisting of a digit or digits shall be considered as one (1) word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one (1) word whereas "one hundred" shall be counted as two (2) words. The number "100" shall be counted as one (1) word.

1802.4 Within five (5) working days of formulating the proposed summary statement(s) and short title(s), the Board shall submit the formulations to the D.C. Register for publication, along with either the entire Act or the provisions of the Act that would amend the Charter.

1802.5 Within five (5) working days of formulating the proposed summary statement(s) and short title(s), the Board shall also notify the Mayor and the Chairman of the Council, either by personal delivery or by certified mail, of the exact wording of the formulations.

1802.6 The Board shall make copies of the formulations, and either the entire Act or the provisions of the Act that would amend the Charter, available to the public at no charge.

History

SOURCE: Final Rulemaking published at 35 DCR 5454, 5458-59 (July 15, 1988); as amended by Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1802

3 DCMR § 1803 ELECTOR REVIEW

1803.1 Within ten (10) days of publication in the D.C. Register, any registered qualified elector who objects to the proposed formulations may request a hearing before the Board, pursuant to chapter 4 of this title, to raise any objections and/or correct any alleged inaccuracies or indicators of prejudice for or against the proposed Charter amendment(s).

1803.2 If no hearing is requested, the proposed formulations, as published by the Board in the D.C. Register, shall be considered to be accepted at the expiration of the ten (10) day review period.

History

SOURCE: Final Rulemaking published at 35 DCR 5454, 5458-59 (July 15, 1988); as amended by Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1803

3 DCMR § 1804 CERTIFICATION OF PROPOSED AMENDMENT FOR THE BALLOT

1804.1 Following the expiration of the ten (10) day review period or the resolution of any objections to the proposed formulations, the Board shall hold a public meeting to:

Certify the formulations for the proposed Charter amendment(s); and

Announce that the proposed Charter amendment(s) will be brought before voters in an election conducted under § 1805.1 of this chapter.

1804.2 The formulations certified by the Board under § 1804.1 shall be printed on the ballot and used in all Board proceedings relating to the proposed Charter amendment(s).

1804.3 Within thirty (30) days of the certification, the Board shall publish the following in the D.C. Register, and in at least two (2) newspapers of general circulation:

The entire Act, or the provision(s) of the Act that would amend the Charter;

(b) The formulations for the proposed Charter amendment(s) as certified by the Board; and

(c) A statement that the proposed Charter amendment(s) will be presented to voters in an election conducted under § 1805 of this chapter.

1804.4 The Board shall make copies of the formulations, and either the entire Act or the provisions of the Act that would amend the Charter, available to the public at no charge.

History

SOURCE: Final Rulemaking published at 35 DCR 5454, 5458-59 (July 15, 1988); as amended by Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1804

3 DCMR § 1805 DATE OF ELECTION

1805.1 The proposed Charter amendment(s) may, in the Board’s discretion, be presented to voters at the next primary, general, or previously scheduled citywide special election conducted at least ninety (90) days after the Board certifies the proposed amendment(s) for the ballot.

1805.2 The serial number, short title, and summary statement of each proposed Charter amendment shall appear on the election ballot in substantially the following form:

PROPOSED CHARTER AMENDMENT

(Insert short title of the Amendment) (Insert Summary Statement)

FOR Charter Amendment _

History

SOURCE: Final Rulemaking published at 35 DCR 5454, 5458-59 (July 15, 1988); as amended by Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Final Rulemaking published at 47 DCR 5930 (July 28, 2000); as amended by Final Rulemaking published at 48 DCR 4105 (May 11, 2001); as amended by Final Rulemaking published at 59 DCR 8526 (July 20, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1805

3 DCMR § 1806 CERTIFICATION OF ELECTION RESULTS

1806.1 The Board shall certify the results of the election on the proposed Charter amendment(s) pursuant to § 813.1 of this title.

1806.2 Upon certification, the Board shall transmit the certified election results to the Chairman of the Council, either by personal delivery or by certified mail.

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Emergency and Proposed Rulemaking published at 59 DCR 627 (January 27, 2012)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 4780 (May 11, 2012). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1806

3-19 THE ADVISORY REFERENDUM PROCESS

3 DCMR § 1900 GENERAL PROVISIONS

1900.1 In accordance with the provisions of the D.C. Self-Government Act, the Council of the District of Columbia may, by Resolution, call a special election to present for an advisory referendum vote of the people any proposition upon which the Council desires to take action. Such election shall be implemented in accordance with this Chapter.

1900.2 Any committee organized in support of, or in opposition to, any advisory referendum presented to voters shall file a verified statement of contributions with the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1900

3 DCMR § 1901 COMMENCEMENT OF THE ADVISORY REFERENDUM PROCESS

1901.1 In order to commence the advisory referendum process, the Council of the District of Columbia shall pass a Resolution stating the proposition to be presented to voters.

1901.2 The Chairman of the Council shall transmit the Resolution to the Board of Elections.

1901.3 The Resolution may or may not specify the following:

(a) The date on which the special election shall be conducted;

(b) The short title of the advisory referendum; and

1901.4 If the Resolution does not specify an election date, the Board shall schedule the vote pursuant to § 1907 of this chapter.

1901.5 If the Resolution does not specify wording for the short title or summary statement, the Board shall formulate such pursuant to § 1904 of this chapter.

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1901

3 DCMR § 1902 DESIGNATION OF THE ADVISORY REFERENDUM

1902.1 The Board shall identify each Advisory Referendum with a letter of the alphabet.

1902.2 The first Advisory Referendum shall be designated as "Advisory Referendum 'A'." Succeeding advisory referenda shall be identified as "B," "C," and so on.

1902.3 Once assigned a designation, an Advisory Referendum shall be known and identified on all election ballots, and throughout all proceedings as "Advisory Referendum ' '."

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1902

3 DCMR § 1903 CERTIFICATION OF ADVISORY REFERENDUM FOR THE BALLOT

1903.1 If the Council specifies a short title and summary statement in the Resolution calling for an Advisory Referendum vote, the Board shall conduct a public meeting within twenty (20) days of receipt of the Resolution to certify this language for the ballot.

1903.2 If the Resolution passed by the Council specifies an election date, the Board shall also at this meeting certify that the Advisory Referendum shall be presented to voters on such date.

1903.3 If the Resolution passed by the Council does not specify an election date, the Board shall at this meeting announce that a vote on the Advisory Referendum shall be scheduled in accordance with § 1907 of this chapter.

1903.4 The Board shall make the Resolution passed by the Council calling for an advisory referendum vote available to the public, in its entirety, at no charge.

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1903

3 DCMR § 1904 PREPARATION OF SHORT TITLE AND SUMMARY STATEMENT BY BOARD OF ELECTIONS

1904.1 If the Resolution passed by the Council does not specify a short title or summary statement, the Board shall submit for publication in the D.C. Register a "Notice of Public Hearing: Receipt and Intent to Formulate Proposed Ballot Language."

1904.2 The "Notice of Public Hearing: Receipt and Intent to Formulate Proposed Ballot Language" shall include the Resolution passed by the Council in its entirety.

1904.3 Within twenty (20) calendar days after receipt of the Resolution calling for an Advisory Referendum vote, the Board shall conduct a public meeting to formulate the following proposed ballot language:

(a) An abbreviated and impartial summary statement not exceeding one hundred and fifty (150) words in length, which expresses the chief purpose of the proposition upon which the Council desires to take action; and

(b) A short title for the Advisory Referendum not exceeding twenty (20) words in length by which it will be readily identifiable and distinguishable from other measures which may appear on the ballot.

1904.4 The short title of the Advisory Referendum shall be written in substantially the following form: "Advisory Referendum."

1904.5 The summary statement and short title formulated by the Board shall accurately and impartially reflect the meaning and intent of the proposition set forth in the Council’s resolution and shall not intentionally create prejudice for or against the Advisory Referendum.

1904.6 The following shall apply to the counting of words in the summary statement prepared by the Board pursuant to § 1904.3:

(a) Punctuation is not counted;

(b) Each word shall be counted as one (1) word except as specified in this subsection;

(c) All geographical names shall be considered as one (1) word; for example, "District of Columbia" shall be counted as one (1) word;

(d) Each abbreviation for a word, phrase, or expression shall be counted as one (1) word;

(e) Hyphenated words that appear in any generally available dictionary shall be considered as one (1) word. Each part of all other hyphenated words shall be counted as a separate word;

(f) Dates consisting of a combination of words and digits shall be counted as two (2) words. Dates consisting only of a combination of digits shall be counted as one (1) word; and

1904.7 Within five (5) working days of formulating the proposed short title and summary statement of the proposition, the Board shall submit the following to the D.C. Register for publication:

(a) The Resolution passed by the Council in its entirety;

(b) The proposed short title; and

1904.8 Within five (5) working days of formulating the proposed short title and summary statement, the Board shall also notify the Mayor and the Chairman of the Council, either by personal delivery or by certified mail, of the exact wording of the proposed short title and summary statement.

1904.9 Copies of the following shall be made available to the public by the Board at no charge:

(a) The Resolution passed by the Council in its entirety;

(b) The proposed short title; and

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1904

3 DCMR § 1905 ELECTOR REVIEW OF LANGUAGE FORMULATED BY BOARD OF ELECTIONS

1905.1 Within ten (10) days of the publication in the D.C. Register, any registered qualified elector who objects to the proposed short title or summary statement as formulated by the Board may request a hearing before the Board, under chapter 4 of this title, to raise any objections and to correct any alleged inaccurate or prejudicial short title or summary statement.

1905.2 If no hearing is requested, the proposed short title and summary statement, as published by the Board in the D.C. Register, shall be considered to be accepted at the expiration of the ten (10) day period for review.

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1905

3 DCMR § 1906 CERTIFICATION OF LANGUAGE FORMULATED BY THE BOARD OF ELECTIONS

1906.1 Following the expiration of the ten (10) day review period or the resolution of any objections to the proposed short title or summary statement, the Board shall hold a public meeting for the following purposes:

(a) To certify the summary statement and short title of the Advisory Referendum; and

(b) To announce that the Advisory Referendum will be brought before voters in an election scheduled in accordance with § 1907 of this chapter.

1906.2 The short title and summary statement certified by the Board pursuant to § 1906.1 shall be the short title and summary statement printed on the ballot and used in all proceedings of the Board relating to this Advisory Referendum.

1906.3 Within thirty (30) days of the certification, the Board shall publish the following in the District of Columbia Register, and in at least two (2) newspapers of general circulation:

(a) The Resolution passed by the Council in its entirety;

(b) The short title of the Advisory Referendum as certified by the Board;

A statement that the Advisory Referendum will be presented to voters in an election conducted pursuant to § 1907 of this chapter.

1906.4 Copies of the following shall be made available to the public at no expense:

(a) The Resolution passed by the Council in its entirety;

(b) The short title as certified by the Board; and

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1906

3 DCMR § 1907 DATE OF ELECTION AND BALLOT FORMAT

1907.1 If the Council does not specify an election date in the Resolution, the Advisory Referendum shall be presented to voters at the next primary, general, or citywide special election conducted at least fifty-four (54) days after the Board of Elections certifies the short title and summary statement for the ballot.

1907.2 The Board shall prepare the ballot presented to voters, which shall include the official designation, certified short title, and certified summary statement, which shall appear on the election ballot in substantially the following form:

ADVISORY REFERENDUM

Short Title

(Insert Short Title of the Advisory Referendum) Summary Statement

(Insert Summary Statement)

Shall the voters of the District of Columbia advise the Council to approve or reject this proposal?

YES, to approve

NO, to reject

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1907

3 DCMR § 1908 CERTIFICATION OF ELECTION RESULTS

1908.1 Board shall certify the results of the election on the Advisory Referendum measure pursuant to § 813.1 of this title.

1908.2 Upon certification, the Board shall transmit, either by personal delivery or by certified mail, the certified results to the Chairman of the Council.

History

SOURCE: Final Rulemaking published at 40 DCR 7083 (October 8, 1993). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 1908

3-20 FREEDOM OF INFORMATION

3 DCMR § 2000 PURPOSE AND APPLICATION

2000.1 This Chapter contains the rules and procedures to be followed by the District of Columbia Board of Elections (hereinafter "the Board") in implementing the Freedom of Information Act, (D.C. Official Code § 2-531 et seq.)(“the Act” or “FOIA”).

2000.2 Employees may continue to furnish to the public, informally and without compliance with these procedures, information and records which they customarily furnish in the regular performance of their duties prior to enactment of the Act.

2000.3 The policy of the Board is one of full and responsible disclosure of its identifiable records consistent with the provisions of the Act. All records not exempt from disclosure shall be made available. Moreover, records exempt from mandatory disclosure shall be made available as a matter of discretion when disclosure is not prohibited by law or is not against the public interest.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2000

3 DCMR § 2001 BOARD RESPONSIBILITY

2001.1 The General Counsel is the information officer of the Board and has the authority to grant and deny requests for Board records.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2001

3 DCMR § 2002 REQUESTS FOR RECORDS

2002.1 A request for a record of the Board must be made in writing and shall be directed to the General Counsel.

2002.2 A written request may be submitted on-line through the D.C. FOIA Public Access Portal on the Board’s website or mailed, faxed, or e-mailed to the General Counsel. The outside of the envelope or the subject line of the fax or e-mail shall state: "Freedom of Information Act Request" or "FOIA Request". In addition, a request shall include a daytime telephone number, e-mail address, or mailing address for the requester.

2002.3 A request shall reasonably describe the desired record. Where possible, specific information requesting dates, files, titles, file designation or other specific information, shall be supplied.

2002.4 Where the information supplied by the requester is not sufficient to permit the identification and location of the record by the Board without an unreasonable amount of effort, the requester shall be contacted and asked to supply the necessary information. Every reasonable effort shall be made by the Board to assist in the identification and location of requested records.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2002

3 DCMR § 2003 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2003

3 DCMR § 2004 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2004

3 DCMR § 2005 TIME LIMITATIONS

2005.1 Within the time prescribed in the Act, the Board shall determine whether to comply with or to deny the request and shall dispatch its determination to the requester, unless an extension is made pursuant to §§ 2005.2 and 2005.3.

2005.2 In unusual circumstances as specified in § 2005.3, the Board may extend the time for initial determination on a request up to the time prescribed in the Act.

2005.3 Extensions shall be made by written notice to the requester which sets forth the reason for the extension and the date on which a determination is expected. As used in this section "unusual circumstances" means, but only to the extent necessary to the proper processing of the request, either of the following:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(b) The need for consultation with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.

2005.4 If no determination has been dispatched at the end of the applicable time limit, or the extension thereof, the requester may deem his request denied, and exercise a right to appeal in accordance with § 2012.1.

2005.5 When no determination can be dispatched within the applicable time limit, the Board shall nevertheless continue to process the request. On expiration of the time limit the Board shall inform the requester of the reason for the delay, of the date on which a determination may be expected, and of his right to treat the delay as a denial and of the appeal rights provided by the Act. The Board may ask the requester to forego appeal until a determination is made.

2005.6 For purposes of this chapter, a request is deemed received when the General Counsel receives the request submitted in compliance with the Act and this chapter. When the General Counsel, pursuant to § 2002.5, contacts the requester for additional information, then the request is deemed received when the General Counsel receives the additional information.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2005

3 DCMR § 2006 EXEMPTIONS

2006.1 No requested record shall be withheld from inspections or copying unless both of the following criteria apply:

(a) It comes within one of the classes of records exempted pursuant to D.C. Official Code § 2-534 of the Act; and

(b) There is need in the public interest to withhold it.

2006.2 Any reasonably segregable portion of a record shall be provided to any person requesting the record after deletion of those portions which are exempt under this section.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2006

3 DCMR § 2007 RESPONSE TO REQUESTS

2007.1 When a requested record has been identified and is available, the Board shall notify the requester as to where and when the record is available for inspection or copies will be available. The notification shall also advise the requester of any applicable fees.

2007.2 A response denying a written request for a record shall be in writing and shall include the following information:

(a) The identity of each person responsible for the denial, if different from that of the person signing the letter of denial;

(b) A reference to the specific exemption or exemptions authorizing the withholding of the record with a brief explanation of how each exemption applies to the record withheld. Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record withheld; and

2007.3 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requester shall be so notified.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2007

3 DCMR § 2008 FEES

2008.1 Charges for services rendered in response to information requests shall be as follows (not to exceed a maximum search fee per request as may be imposed by applicable law):

(a) Searching for records, $4.00 per quarter hour, after 1st hour, by clerical personnel (DS 1 through 8);

(a-1) Searching for records, $7.00 per quarter hour after the 1st hour, by professional personnel (DS 9 through 13);

(b) Searching for records, $10.00 per quarter hour after the1st hour, by supervisory personnel (DS 14 and above);

(d) Charges for the initial review of documents, as permitted by applicable law, shall be assessed at the rate provided in subsections (a), (a-1), and (b) above.

2008.2 When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the government may be charged, but only if the requester has been notified of the cost before it is incurred.

2008.3 Where an extensive number of documents are identified and collected in response to a request and the requester has not indicated in advance his willingness to pay fees as high as are anticipated for copies of the documents, the Board shall inform the requester that the documents are available for inspection and for subsequent copying at the established rate.

2008.4 A charge of one dollar ($1.00) shall be made for each certification of true copies of Board records.

2008.5 Search costs, not to exceed any dollar limitation prescribed by the Act for each request, may be imposed even if the requested record cannot be located. No fees shall be charged for examination and review by the Board to determine whether a record is subject to disclosure.

2008.6 To the extent permitted by applicable law, the Board shall require that fees as prescribed by these rules shall be paid in full prior to issuance of requested copies.

2008.7 Remittance shall be in the form either of a personal check or bank draft on a bank in the United States or a postal money order. Remittance shall be made payable to the order of the D.C. Treasurer and mailed or otherwise delivered to the General Counsel for the Board.

2008.8 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

2008.9 The Board may waive all or part of any fee when it is deemed to be either in the Board’s interest or in the interest of the public.

2008.10 A requester seeking a waiver or reduction of fees shall provide a statement in his or her request letter explaining how the requested records will be used to benefit the general public.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2008

3 DCMR § 2009 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2009

3 DCMR § 2010 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2010

3 DCMR § 2011 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2011

3 DCMR § 2012 REVIEW OF DENIALS

2012.1 When a request for records has been denied in whole or in part by the General Counsel, the requester may appeal the denial to the Mayor or may seek immediate judicial review of the denial in the Superior Court.

2012.2 Unless the Mayor otherwise directs, the Secretary shall act on behalf of the Mayor on all appeals under this section.

2012.3 An appeal to the Mayor shall be in writing. The appeal letter shall include “Freedom of Information Act Appeal” or “FOIA Appeal” in the subject line of the letter as well as marked on the outside of the envelope. The appeal shall be mailed to:

Mayor's Correspondence Unit

FOIA Appeal

1350 Pennsylvania Ave, NW

Suite 316

Washington, D.C. 20004

The requester shall forward a copy of the appeal to the General Counsel.

2012.4 An appeal to the Mayor shall include:

(a) Statement of the circumstances, reasons or arguments advanced in support of disclosure;

(b) Copy of the original request, if any;

(d) Daytime telephone number, email address or mailing address for the requester.

2012.5 Within five (5) days (excluding Saturdays, Sundays, or legal public holidays) of receipt of its copy of the FOIA appeal, the General Counsel shall file a response with the Secretary. The response shall include the following documents:

(a) The justification for the decision not to grant review of records as requested, to the extent not provided in the letter of denial to the requester;

(b) Any additional documentation as may be necessary and appropriate to justify the denial, such as a Vaughn index of documents withheld, an affidavit or declaration of a knowledgeable official or employee testifying to the decision to withhold documents, or such other similar proof as the circumstances may warrant; and

(c) A copy of the public record or records in dispute on the appeal; provided, that if the public record or records are voluminous, the Board may provide a representative sample; and provided further, that if the public record contains personal, sensitive, or confidential information, the Board may redact such information from the copy furnished the Secretary in a manner that makes clear that the Board has made redactions.

2012.6 The Board may request additional time to file documentation required by § 2012.5 by filing a written or e-mailed request to the Secretary with a copy to the requester. The request for additional time must be filed within five (5) days (excluding Saturdays, Sundays, and legal public holidays) of receipt of the appeal. The Secretary will respond to the request for additional time with a copy to the requester.

2012.7 A written determination with respect to an appeal shall be made within ten (10) working days of the filing of the appeal.

2012.8 If the records, or any segregable part of thereof, are found to have been improperly withheld, the Mayor may order the Board to make them available. If the Board continues to withhold the records, the requester may seek enforcement of the order in the Superior Court.

2012.9 A denial in whole or in part of a request on appeal shall set forth the exemption relied upon, a brief explanation consistent with the purpose of the exemption of how the exemption applies to the records withheld, and the reasons for asserting it. The denial shall also inform the requester of the right of judicial review.

2012.10 If no determination has been dispatched at the end of the ten-day period, the requester may deem his request denied, and exercise his right to judicial review of the denial.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2012

3 DCMR § 2013 RECORDS MAINTAINED BY THE BOARD

2013.1 The Board shall make and maintain records pertaining to each request for information, including copies or correspondence. The material shall be filed by individual request.

2013.2 The Board shall maintain a file, open to the public, which shall contain copies of all letters of denial.

2013.3 Where the release of the identity of the requester or other identifying details related to the request would constitute a clearly unwarranted invasion of personal privacy, the Board shall delete identifying details from the copies of the documents maintained in the public files.

2013.4 The Board shall also maintain records permitting annual reporting of the following information:

(a) Total number of requests made to the Board;

(b) The number of requests granted and denied, in whole or in part;

(d) The names and titles or positions of each person responsible for the denial of records and the number of instances each person was involved in a denial; and

(e) The amount of fees collected, and the amount of fees for duplication and search waived by the Board.

2013.5 On or before the 31st day of December of each calendar year, the Board shall compile and submit to the Secretary its report covering the fiscal year concluded the preceding September 30th pursuant to the provisions of this section and on other matters relating to agency compliance with the terms of the Act.

2013.6 With respect to appeals taken pursuant to § 2012, the Secretary shall maintain records reflecting the number of appeals taken, the results of the appeals, and the number of times each exemption was invoked as a basis for non-disclosure.

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2013

3 DCMR § 2014 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2014

3 DCMR § 2015 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2015

3 DCMR § 2016 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2016

3 DCMR § 2017 RESERVED

History

SOURCE: Final Rulemaking published at 46 DCR 1191-92 (February 12, 1999); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 2017

3-30 CAMPAIGN FINANCE OPERATIONS: COMMITTEES, CANDIDATES, CONSTITUENT SERVICE PROGRAMS, STATEHOOD FUNDS

3 DCMR § 3000 ORGANIZATION OF POLITICAL COMMITTEES, POLITICAL ACTION COMMITTEES, AND INDEPENDENT EXPENDITURE COMMITTEES

3000.1 Each political 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.

3000.2 A political committee shall be deemed "organized" when any proposer, individual, committee, club, association, organization, or other group of individuals formally agree, orally or in writing, or decide to promote or oppose a political party, the nomination or election of an individual to office, or any initiative, referendum, or recall; or to form an inaugural, transition, or legal defense committee.

3000.3 Each committee controlled by or coordinated with any candidate or public official, or controlled by or coordinated with anyone acting on behalf of a candidate or public official, shall be deemed a political committee.

3000.4 In the absence of a decision to organize as a committee opposing an initiative or referendum measure under § 3000.2, a person who addresses a Board determination regarding the propriety of a proposed measure filed under Chapter 10 of this title shall not be required to file a Statement of Organization, under § 3000.1, or a Report of Receipts and Expenditures (R&E Report), under § 3008.

3000.5 A candidate’s designation of a committee on the candidate’s Statement of Candidacy form filed under § 3002.2 constitutes agreement to form a political committee.

3000.6 Any political committee designated by a candidate on the Statement of Candidacy form filed under § 3002.2 to receive contributions or make expenditures on behalf of the candidate, shall include the name of the candidate for elective office in the District of Columbia in its name.

3000.7 Political committees shall include the following:

(a) Affiliated Political Committees - all authorized committees of the same candidate for the same election, or all committees established, financed, maintained, or controlled by the same corporation, labor or membership organization, cooperative or trade association, or any similar organization, for the purposes stated in § 3000.2;

(b) Delegate Committees – a person, or group of persons, established to support a presidential candidate, which shall include the word "delegate(s)" in its name and may include the name of the presidential candidate whom it supports;

(c) Exploratory Committees - a person, or group of persons, organized for the purpose of examining or exploring, with the consent of the prospective candidate, the feasibility of a qualified individual becoming a candidate for an elective office in the District of Columbia;

(d) Fair Election Committee – a political committee that only accepts contributions from individuals who are District residents, which shall not exceed fifty dollars ($50) per individual per calendar year; or a membership organization, if the contributions consist of membership dues paid by individuals who are District resident that do not exceed the amount of membership dues actually paid per member per calendar year and two hundred fifty dollars ($250) per member per calendar year.

(e) Inaugural Committees - a person, or group of persons, organized for the purpose of soliciting, accepting, and spending funds and coordinating activities to celebrate the election of a new Mayor;

(f) Initiative, Referendum, Recall, or Proposed Charter Amendment Committees - a person, or group of persons, organized for the purpose of, or engaged in promoting or opposing initiative, referendum or recall measures or proposed Charter amendments, respectively;

(g) Legal Defense Committees - a person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds to defray the professional fees and costs for a public official’s legal defense to one or more civil, criminal, or administrative proceedings;

(h) Party Committees – a person, or group of persons, organized to represent a political party of the official party structure at the city-wide or ward level;

(i) Principal Campaign Committees – a person, or group of persons, designated and authorized by a candidate or slate of candidates for election as officials of a political party, as the principal campaign committee, in accordance with § 3005; provided, that it shall include the name(s) of the candidate(s) who authorized the committee in its name; and

Transition Committees - a person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds for office and personnel transition on behalf of the Chairman of the Council or the Mayor.

3000.8 Political committees shall not include the following:

Connected Organizations - a corporation, labor or membership organization, cooperative or trade association, or any similar organization that directly or indirectly establishes, administers or financially supports a political committee;

Political Action Committees; and

Independent Expenditure Committees.

3000.9 Each political action 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.

3000.10 A political action committee shall be deemed “organized” when any proposer, individual, committee, club, association, organization, or other group of individuals maintained, or controlled by the same corporation, labor or membership organization, cooperative or trade association, or any similar organization, formally agree orally or in writing, or decide to promote or oppose the nomination or election of a person to public office, a political party, or any initiative, referendum, or recall.

3000.11 A political action committee shall not be controlled by or coordinated with any public official or candidate, or any person acting on behalf of a public official or candidate.

3000.12 A political action committee shall not include the name of any candidate for elective office in the District of Columbia in its name.

3000.13 Each independent expenditure 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.

3000.14 An independent expenditure committee shall be deemed “organized” when any proposer, individual, committee, club, association, organization, or other group of individuals formally agree orally or in writing, or decide to organize for the principal purpose of making independent expenditures to promote or oppose the nomination or election of a person to public office, a political party, or any initiative, referendum, or recall.

3000.15 An independent expenditure committee shall not be controlled by or coordinated with any public official or candidate, or any person acting on behalf of a public official or candidate.

3000.16 An independent expenditure committee shall not make transfers or contributions of funds to political committees, political action committees, or candidates.

3000.17 An independent expenditure committee shall not include the name of any candidate for elective office in the District of Columbia in its name.

3000.18 Each political action committee and independent expenditure committee shall indicate its intent not to support a candidate during a specific election cycle by:

(a) Declaring its intention on a Notification of Non-Support form; and

(b) Filing the Notification of Non-Support form within ten (10) days of the declaration by the committee of its intention to not support a candidate, or not later than January 31st of each year.

3000.19 Each political action committee and independent expenditure committee shall notify the Director in writing within ten (10) days of its decision to support a candidate, where it has previously filed a Notification of Non-Support, under § 3000.18.

3000.20 Each political committee, political action committee, and independent expenditure committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to §§ 3000.1, 3000.9, or 3000.13.

3000.21 When either the office of chairperson or treasurer of a political committee, political action committee, or independent expenditure committee is vacant, the 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.

3000.22 No political committee, political action committee, or independent expenditure committee shall accept a contribution or make any expenditure while the office of treasurer is vacant, and no other person has been designated and agreed to perform the functions of treasurer.

3000.23 Each expenditure made for, or on behalf of, a political committee, political action committee and independent expenditure committee shall be authorized by either:

(a) The chairperson;

(b) The treasurer; or

3000.24 A chairperson shall be required to file:

(a) A Statement of Acceptance of Position of Chairperson form, and a copy of written notification sent to the address of record of the treasurer (and the candidate, in the case of a political committee), within five (5) days of assuming the office; and

(b) A Statement of Withdrawal of Position of Chairperson form, and a copy of written notification sent to the address of record of the treasurer (and the candidate, in the case of a political committee), within five (5) days of vacating the office.

3000.25 A treasurer shall be required to file:

(a) A Statement of Acceptance of Position of Treasurer form, and a copy of written notification sent to the address of record of the chairperson (and the candidate, in the case of a political committee), within forty-eight (48) hours of assuming the office:

(b) All periodic Reports of Receipts and Expenditures (R&E Reports) due to the Director, pursuant to § 3008, during the treasurer’s tenure; provided that the designated agent listed on the Statement of Organization under §§ 3000.1, 3000.9, or 3000.13 may file the R&E Report if the treasurer is unavailable; and

(c) A Statement of Withdrawal of Position of Treasurer form, prescribed by the Director, and a copy of written notification sent to the address of record of the chairperson (and the candidate, in the case of a political committee), within forty-eight (48) hours of vacating the office.

3000.26 A person shall not simultaneously serve as the chairperson and treasurer of any committee, except the following:

(a) A candidate; or

(b) A proposer or opponent of an initiative, referendum, or recall measure, or an opponent of a proposed charter amendment.

3000.27 Each political committee, political action committee, and independent expenditure committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

3000.28 The funds of each political committee, political action committee, or independent expenditure committee shall be segregated from, and may not be commingled with, personal funds of officers, directors, members or associates of the committee.

3000.29 Each political committee, political action committee, and independent expenditure committee that accepts contributions or makes expenditures shall:

Designate one or more national banks located in the District of Columbia as the committee’s depository or depositories;

Maintain a checking account or accounts at such depository or depositories; and

3000.30 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.

3000.31 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.

3000.32 A political action committee shall not make an independent expenditure unless it establishes a non-contribution account for the purpose of making such independent expenditures.

3000.33 A political action committee shall notify the Office of Campaign Finance within ten (10) days after establishing a non-contribution account.

3000.34 A political action committee that establishes a non-contribution account shall ensure that:

The non-contribution account remains segregated from any accounts of the political action committee that are used to make contributions to candidates, political committees, political action committees, or political parties;

No contribution to the political action committee is deposited in the non-contribution account unless the contributor has specifically designated the contribution for the purpose of making an independent expenditure;

Contributions by the political action committee are not made from the non-contribution account; and

The non-contribution account pays a proportional share, as determined by the Director of Campaign Finance, of the political action committee's administrative expenses.

3000.35 A political action committee that establishes a non-contribution account, shall identify all receipts that have been allocated to that account for each R&E report filed in accordance with § 3008.

History

SOURCE: Final Rulemaking published at 45 DCR 3161-64 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171-74 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 8797 (August 15, 2008); as amended by Final Rulemaking published at 57 DCR 2229 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3000

3 DCMR § 3001 MANDATORY TRAINING

3001.1 With the exception of candidates for Advisory Neighborhood Commission (ANC) member, candidates for public office and the treasurers of any political committee, political action committee, or independent expenditure committee shall appear in-person at the Office of Campaign Finance to attend a training program conducted by the Director.

3001.2 Training shall be conducted in-person or online during a period of time for which the Mayor has declared a public health emergency pursuant to D.C. Official Code § 7-2034.01. At the discretion of the Director, the Office of Campaign Finance may provide online training materials to supplement the in-person training program.

3001.3 Such training shall include content on the Fair Elections Program and the requirements under this section pertaining to business contributors, including their affiliated entities, and covered contractors.

3001.4 Each candidate shall attend the Office of Campaign Finance training program within fifteen (15) calendar days of submitting the Statement of Candidacy form in accordance with § 3002.2, or as otherwise scheduled by the Office of Campaign Finance.

3001.5 The treasurer of the candidate’s principal campaign committee shall attend the Office of Campaign Finance training program within fifteen (15) calendar days of submitting the Statement of Acceptance of Treasurer form in accordance with § 3000.25, or as otherwise scheduled by the Office of Campaign Finance.

3001.6 Each candidate and treasurer participating in the Office of Campaign Finance training program shall demonstrate completion by oath or affirmation to follow the District’s campaign finance laws developed by the Director of Campaign Finance.

3001.7 The names of the participants and those participants who have not completed the training shall be prominently displayed on the website of the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 8797 (August 15, 2008); as amended by Final Rulemaking published at 57 DCR 2229 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3001

3 DCMR § 3002 CANDIDATE STATUS

3002.1 An individual shall be considered a candidate when he or she:

(a) Receives a campaign contribution;

(b) Makes a campaign expenditure;

(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.

3002.2 With the exception of candidates for Advisory Neighborhood Commission (ANC) member, each candidate shall, within five (5) days after becoming a candidate under § 3002.1, file a Statement of Candidacy form that indicates:

Whether spending is anticipated at less than five hundred dollars ($500);

Whether a principal campaign committee will be designated; and

Whether or not the candidate intends to seek certification as a participating candidate in the Fair Elections Program.

3002.3 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 affiliated committees; and

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

3002.4 The candidate shall commence filing personal R&E Reports in accordance with this chapter, or if a candidate seeking certification or participating in the Fair Elections Program in accordance with § 4212, unless reporting is otherwise exempted or waived pursuant to § 3004.

3002.5 Each candidate who files the R&E Report shall by oath or affirmation, subject to penalties of perjury, verifies the following statements:

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

The candidate has used all reasonable due diligence to ensure that the candidate and the candidate’s committees are in compliance with the Campaign Finance Act, and the committees have advised their contributors of the obligations imposed on those contributors by the Campaign Finance Act.

3002.6 The Summary Financial Statement form of the Candidate for the Office of Member of an Advisory Neighborhood Commission (ANC) shall be filed no later than sixty (60) days after the certification by the Board of Elections (the Board) of the election results by the following individuals:

ANC candidates who qualified for the ballot through the write-in process;

ANC candidates who qualified for the ballot through the nominating petition process;

ANC candidates who accepted contributions or made expenditures and did not qualify for the ballot; and

ANC candidates who qualified as candidates for selection in the ANC vacancy filling process.

3002.7 The Summary Financial Statement form of the Candidate for the Office of Member of an ANC shall be filed electronically with the Director of Campaign Finance at the OCF website, www.ocf.dc.gov, except as provided in § 3002.9. A paper filing of the Summary Financial Statement shall not be accepted and will be considered a failure to file.

3002.8 The Office of Campaign Finance shall provide log-in information, including a Personal Identification Number (PIN), for access to the OCF Electronic Filing and Disclosure System to ANC candidates following the certification of the election results by the Board.

3002.9 The Director of the Office of Campaign Finance may grant an exception to the electronic filing requirement by the ANC candidate in either of the following circumstances:

The filer submits a statement of actual hardship to the OCF no less than fifteen (15) days before the applicable filing deadline; and

The filer submits a statement to the OCF describing an emergency that occurred on or before the filing deadline preventing the electronic filing. The request for an exception based on emergency does not delay any reporting deadlines. If a penalty is imposed for failure to file or timely file, the penalty may be set aside or reduced in accordance with § 3711.2(f).

3002.10 The Director shall review and respond in writing to an application for an exception within three (3) business days after its receipt.

3002.11 With the exception of candidates for the Office of Member of an Advisory Neighborhood Commission, each individual who ceases to become a candidate shall immediately file a Statement of Candidate Withdrawal form upon termination of the candidacy.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2174-75 (March 24, 2000); as amended by Final Rulemaking published at 47 DCR 5919 (July 28, 2000); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2229 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3002

3 DCMR § 3003 EXEMPTION FROM FILING AND REPORTING REQUIREMENTS

3003.1 To invoke the exemption from the filing and reporting requirements, a candidate must anticipate spending less than five hundred dollars ($500) in any one election.

3003.2 A candidate shall be exempt from the filing and reporting requirements of the Act if, on the Statement of Candidacy form, the candidate:

(a) Certifies that he or she anticipates spending less than five hundred dollars ($500) in any one election; and

(b) Excludes the designation of a principal campaign committee.

3003.3 Each exempt candidate shall notify the Director in writing within forty-eight (48) hours from the time he or she spends, or anticipates spending, five hundred dollars ($500) or more.

3003.4 Each exempt candidate shall certify in writing to the Director, on a Report of Exemption for a Candidate Spending Less than Five Hundred Dollars ($500), that he or she has not spent more than five hundred dollars ($500). Such certification shall be filed with the Director by no later than:

(a) The fifteenth (15th) day before the date of the election in which the candidate seeks office; and

(b) The thirtieth (30th) day following the election.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 5919 (July 28, 2000); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3003

3 DCMR § 3004 CANDIDATE WAIVER FROM FILING AND REPORTING REQUIREMENTS

3004.1 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.

3004.2 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.

3004.3 A candidate who is granted a waiver shall not make any non-reimbursed expenditures for the campaign except in accordance with § 3004.4.

3004.4 A candidate may use personal funds to make an 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 § 3011.7.

3004.5 The waiver from filing and reporting shall continue in effect as long as the candidate complies with the conditions under which it was granted.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2175 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3004

3 DCMR § 3005 PRINCIPAL CAMPAIGN COMMITTEE

3005.1 With the exception of persons who make independent expenditures under the Act, only a candidate’s designated principal campaign committee and its affiliated committees shall accept contributions or make expenditures on behalf of that candidate.

3005.2 Each candidate shall designate in writing one (1) political committee as the candidate’s principal campaign committee. No political committee may be designated as the principal campaign committee of more than one (1) candidate; provided, that a principal campaign committee supporting the election of a candidate as an official of a political party may support the election of more than one (1) candidate, but may not support the election of a candidate for any public office.

3005.3 The principal campaign committee shall receive all reports made by any other political committee accepting contributions or making expenditures for the purpose of influencing the election of a candidate who designated it as the candidate’s principal campaign committee. The principal campaign committee may require additional reports to be made to it by any political committee and may designate the time and number of reports.

3005.4 The principal campaign committee shall process contributions in the following manner:

(a) Contributions received by check, money order, or other written instrument shall be consigned directly to the principal campaign committee; and

(b) The proceeds of any monetary instruments listed in Subsection (a) that have been cashed or redeemed by the candidate pursuant to § 3004.2 shall be disallowed by the principal campaign committee and returned by the candidate to the donor; except

Contributions to a candidate seeking certification or participating in the Fair Elections Program shall be processed in accordance with § 4203.24.

3005.5 No contributions shall be commingled with the candidate’s personal funds or accounts.

3005.6 Except as provided in § 4101, an existing committee shall not be designated as the principal campaign committee of a candidate for public office, including the designation of any previously designated principal campaign committee of a candidate, or a slate of candidates for election as officials of a political party, in any future election.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 49 DCR 2731 (March 22, 2002); as amended by Final Rulemaking published at 57 DCR 2229, 2236 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3005

3 DCMR § 3006 MANDATORY ELECTRONIC FILING

3006.1 All Reports of Receipts and Expenditures filed with the Director of the Office of Campaign Finance shall be filed electronically at the OCF website, www.ocf.dc.gov, except as provided in § 3006.2. A paper filing of an R&E Report shall not be accepted and will be considered a failure to file.

3006.2 The Director may grant an exception to the electronic filing requirement in either of the following circumstances:

The filer submits a statement of actual hardship to the OCF at the time of registration demonstrating that the hardship will continue through the duration of the election cycle;

The filer submits a statement of actual hardship to the OCF no less than fifteen (15) days before the applicable filing deadline; or

3006.3 The Director shall review and respond in writing to an application for an exception within three (3) business days after its receipt.

3006.4 The Office of Campaign Finance shall provide log-in information, including a Personal Identification Number (PIN), for access to the OCF Electronic Filing and Disclosure System to the following registrants:

Each candidate who files the Statement of Registration form unless a waiver from the filing and reporting requirements is granted pursuant to § 3004;

The treasurer of each political committee, political action committee, and independent expenditure committee which files the Statement of Organization form pursuant to §§ 3000.1, 3000.9, and 3000.13;

The treasurer of each constituent-service program established by an elected public official who files the Statement of Organization form pursuant to § 3014.20(b);

Each Senator and Representative who establishes a Statehood Fund and files the Statement of Information form, pursuant to §§ 3600.1 and 3600.8; and

Each ANC candidate following the certification of election results by the Board.

The treasurer of each candidate seeking certification and the treasurer of each participating candidate who files a Statement of Registration, pursuant to § 4201.

3006.5 The filer of the Report of Receipts and Expenditures shall electronically verify each R&E Report through the use of the confidential PIN Number assigned by the Office of Campaign Finance.

3006.6 Each treasurer of a political committee, political action committee, independent expenditure committee, constituent-service program, and Statehood Fund who files the R&E Report shall electronically verify that the filer used all reasonable due diligence in the preparation of the report and to the best of their knowledge, the report is true and complete.

3006.7 Each candidate who files the R&E Report shall electronically verify on each R&E Report the statements contained in § 3002.5.

3006.8 The treasurer of each independent expenditure committee shall electronically certify the following on each R&E Report:

The contributions received and the expenditures made by the committee have not been controlled or directed by any public official or candidate, any political committee, or by any political party; and

The committee has not made a contribution or transfer of funds to any public official or candidate, any political committee, or any political action committee.

3006.9 The treasurer of each political action committee shall electronically certify on each R&E Report that the contributions received and the expenditures made by the committee have not been controlled or directed by any public official or candidate, any political committee, or by any political party.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3006

3 DCMR § 3007 [RESERVED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3007

3 DCMR § 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:

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:

Bitcoin contributions shall be reported as in-kind contributions in accordance with § 3008.9;

Bitcoin contributions shall be reported received as of the date the contribution is liquidated into U.S. dollars;

The full amount liquidated shall be reported as the contributor’s total contribution;

A refund check for any liquidated amount exceeding the contribution limit shall be issued to the contributor; and

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:

The name and address of the person;

The name and address of any of the person’s affiliated entities that have also made an independent expenditure;

The amount and purpose of the expenditures;

The names of any candidates, initiative, referenda, or recalls in support of or opposition to which the expenditures are directed; and

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:

The person’s principal place of business;

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 Finance prescribed 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:

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:

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 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:

A summary of each candidate’s receipts, in dollar amount and percentage terms, by the size of the contribution, including contributions of:

Five Hundred Dollars ($500) or more;

Two Hundred Fifty Dollars ($250) or more but less than $500;

One Hundred Dollars ($100) or more but less than $250; and

Less than $100;

The total amount of a candidate’s receipts and expenditures for primary and general elections, respectively, when applicable;

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

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.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3008

3 DCMR § 3009 REPORTS OF INITIATIVE, REFERENDUM, RECALL, AND PROPOSED CHARTER AMENDMENT COMMITTEES

3009.1 Each committee supporting or opposing an initiative, referendum, recall, or proposed charter amendment shall file R&E Reports during the consideration of the placement of the measure on an election ballot.

3009.2 OCF shall prepare the following:

(a) A schedule of dates, based upon the complete period allowed for qualification of a measure for ballot placement, by which R&E Reports are due; and

(b) A revised schedule of dates based upon actual completion of tasks by which R&E Reports are due, if necessary.

3009.3 R&E Reports shall be filed in accordance with the following schedule:

(a) On or before the commencement of the process for initiative, referendum, recall, or proposed charter amendment, or

(b) In the case of an opponent, ten (10) days after making an expenditure or accepting a contribution in opposition to the measure;

(d) On the tenth (l0th) day of the second (2nd) month preceding the election; and

(e) Eight (8) days prior to the election.

3009.4 For any period prior to the year in which an election is scheduled to be conducted on an initiative, referendum, recall, or proposed charter amendment, each committee organized in support or opposition to the measure shall file reports of receipts and expenditures on January 31 and July 31 of each year until the measure is presented to the electorate.

3009.5 With the exception of contributions to retire debt and expenditures made to wind down a campaign pursuant to § 3016, no committee organized in support of or opposition to the measure shall receive contributions or make expenditures to support or oppose an initiative, referendum, recall, or proposed charter amendment under the following circumstances:

(a) After the election at which the measure is presented to the electorate; or

(b) Upon rejection of the petition with signatures as numerically insufficient by the Board of Elections; and

3009.6 Following either the election on an initiative, referendum, recall, or proposed charter amendment, or the failure of such a measure to qualify for ballot access, and the exhaustion of all administrative and judicial remedies, a committee shall continue to file R&E Reports on January 31st and July 31st of each year until all debts and obligations are satisfied.

3009.7 Upon the satisfaction of all debts and obligations, each committee shall immediately file a final R&E Report.

3009.8 In the absence of any debts and obligations, each committee shall, within sixty (60) days following the election:

(a) Disburse any remaining funds in accordance with § 3016; and

(b) File a Termination Report of Receipts and Expenditures.

3009.9 A copy of each R&E Report or statement filed with the Director shall be preserved by the person filing the report or statement for a period of not less than three (3) years from the date of filing.

3009.10 All Reports of Receipts and Expenditures filed with the Director of the Office of Campaign Finance shall be filed electronically at the OCF website www.ocf.dc.gov, except as provided in § 3006.2. A paper filing of an R&E Report shall not be accepted and will be considered a failure to file.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171 (March 24, 2000) as amended by Final Rulemaking published at 53 DCR 3226 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 8797(August 15, 2008); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3009

3 DCMR § 3010 PETTY CASH FUNDS

3010.1 Each candidate, political committee, political action committee, independent expenditure committee, and Statehood Fund may maintain a Petty Cash Fund which shall not exceed three hundred dollars ($300) at any time.

3010.2 All records and transactions shall be recorded in a petty cash journal maintained and authorized by either:

The chairperson;

The treasurer; or

3010.3 Petty cash funds shall be administered in the following manner:

(a) Cash shall only be received by check drawn on the account of the candidate, committee, or Statehood Fund;

(b) Cash expenditures shall not exceed fifty dollars ($50) to any person in connection with a single purchase or transaction; and

3010.4 For each deposit to the petty cash fund, the amount and date shall be recorded in the petty cash journal.

3010.5 For each disbursement, the petty cash journal shall include:

(a) The name and address of each recipient of the disbursement;

(b) The date of the disbursement;

(d) The purpose of the disbursement; and

(e) The candidate’s name and the office sought, or the name of the committee or Statehood Fund for which the disbursement is made.

3010.6 All receipts, vouchers, petty cash journals, and other documentation shall be retained by the candidate, committee or Statehood Fund for a period of three (3) years from the date of the filing of the final R&E Report by the candidate, committee, or Statehood Fund.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by final Rulemaking published at 49 DCR 2731 (March 22, 2002); as amended by Final Rulemaking published at 53 DCR 3226 (April 21, 2006); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3010

3 DCMR § 3011 LIMITATIONS ON CONTRIBUTIONS

3011.1 No person, including a business contributor and its affiliated entities, may make any contribution, and no person may receive any contribution, which, when totaled with all other contributions from the same person, pertaining to an individual’s campaign for nomination as a candidate or election to public office, including both the primary and general elections, or special elections, exceeds the limitations enumerated for each office set forth in § 3011.2.

3011.2 Contributions in support of either individual candidates or their authorized committees, or for the recall of an incumbent, shall be limited to the following:

(a) Mayor, U.S. Senator, and U.S. Representative to Congress – two thousand dollars ($2,000);

(b) Chairman of the Council and the Attorney General – one thousand five hundred dollars ($1,500);

(d) Ward Member of the Council and At-large Member of the State Board of Education– five hundred dollars ($500);

(e) Ward Member of the State Board of Education – two hundred dollars ($200);

(f) Official of a Political Party – two hundred dollars ($200);

(g) Advisory Neighborhood Commissioner – twenty-five dollars ($25); and

(h) Political Action Committee – five thousand dollars ($5,000).

3011.3 No person may make contributions to any one political committee or political action committee in any one (1) election that in the aggregate exceed five thousand dollars ($5,000).

3011.4 No person or business contributor and its affiliated entities shall receive or make a contribution in the form of cash or money order which exceeds one hundred dollars ($100).

3011.5 For the purposes of the contribution limitations of this section, expenditures for candidates for office shall not be considered contributions or expenditures by or on behalf of a candidate when derived from:

(a) Personal funds belonging to candidates; and

Funds from any person, political action committee, or independent expenditure committee advocating the election or defeat of any candidate for office; provided, that the contributions it has received and the expenditures it has made were not controlled by or coordinated with any public official or candidate, anyone acting on their behalf, or by any political committee authorized by the candidate.

A candidate may make expenditures to reimburse the candidate for the candidate’s childcare expenses incurred for campaign purposes.

3011.6 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;

(d) Documentation regarding the source of the funds when the loan or advance is from the candidate.

3011.7 The amount of each loan or advance from a member of the candidate’s immediate family shall be included in computing and applying the limitations on contributions under § 3011, upon receipt by the authorized political committee of the loan or advance from an immediate family member; provided, that the standards for repayment are consistent with the repayment policies of lending institutions in the District of Columbia.

3011.8 Contributions to a candidate, political committee, political action committee, or an independent expenditure committee shall be attributed to the person actually making the contribution.

3011.9 Contributions from minor children (under eighteen (18) years old) shall be attributed to their parents or legal guardians unless:

(a) The decision to contribute is made knowingly and voluntarily by the minor child; and

(b) The funds, goods, or services contributed are owned or controlled exclusively by the minor child.

3011.10 A connected organization, under § 3000.8, and each committee established, financed, maintained, or controlled by the connected organization share a single contribution limitation.

3011.11 A Bitcoin contribution may be accepted if the value of the Bitcoin contribution at the time of transfer does not exceed the contribution limits established by § 3011.

3011.12 A Bitcoin contribution received during the initial transfer shall be rejected and returned to the contributor if it exceeds the contribution limits established by § 3011.

3011.13 A Bitcoin contribution that does not exceed the contribution limits at the time of transfer shall, within five (5) days of receipt, be liquidated and converted into U.S. dollars on a high volume public Bitcoin exchange website that is open to transactions in the United States.

3011.14 Each committee that receives a Bitcoin contribution shall be responsible for verifying both the accuracy of the contributor information provided and the Bitcoin value determinations as part of the committee’s recordkeeping obligations under § 3400.

3011.15 Each committee that accepts Bitcoin contributions shall require the contributor to affirm on forms soliciting Bitcoin contributions:

That the contributor is a United States citizen or legal permanent resident;

That the contributor’s personal funds were used to purchase the Bitcoin contributed; and

That the contributor is the actual lawful owner of the Bitcoin contributed.

3011.16 No person, including a business contributor, shall make a bundled or cause to make a bundling of contributions from different donors for the purpose of making a single contribution, directly or indirectly, to a candidate or political committee.

3011.17 No candidate or political committee shall accept, directly or indirectly a bundling of contributions from different donors for the purpose of making a single contribution in support of a candidate for public office.

3011.18 Each political committee shall disclose in a separate sub-schedule of Schedule A, to be prescribed by the Director, of the R&E Report, where two (2) or more contributions are forwarded from one or more persons, by a person who is not acting with actual authority as an agent or principal of a committee, the following information:

The name, address, occupation and employer of each person reasonably known by the committee to have bundled in excess of five thousand dollars ($5,000) in contributions during the reporting period;

The identity of each instance in which multiple checks or money orders dated on or around the same date were received from contributors who share the same employer; and

For each person, the total amount of the bundling.

3011.19 Limitations on bundled contributions under §§ 3011.16 and 3011.17, shall not apply to hosting a fundraiser, by itself.

3011.20 Any business entity, as that term is defined in § 29-101.02 of the District of Columbia Official Code, may make contributions in the District of Columbia.

3011.21 A corporation, its affiliated entities, including its subsidiaries, and each committee established, financed, maintained, or controlled by the corporation and its affiliated entities share a single contribution limitation.

3011.22 Each business entity is deemed to be a separate entity; provided, that a business entity, which is established, financed, maintained, or controlled (51% or more) by another entity, or shares a controller, whether the controller is another entity or an individual, is considered, for the purposes of the contribution limitations, an affiliated entity of the other business entity.

3011.23 All contributions by a partnership shall be subject to each contributing partner’s individual contribution limitations, under § 3011.

3011.24 Contributions by a partnership shall be attributed to each partner either by:

(a) Instructions from the partnership to the committee or the candidate; or

(b) Agreement of the partners; provided, that the profits of non-contributing partners are not affected.

3011.25 No portion of any contribution under § 3011.22 shall derive from the profits of a corporation that is a partner.

3011.26 Each business entity, as that term is defined in § 29-101.02 of the District of Columbia Official Code, is subject to the limitations on contributions set forth in § 3011.

3011.27 A business contributor consists of:

(a) A business entity that makes a contribution; and

(b) Each of that business entity’s affiliated entities.

3011.28 A business contributor shall certify on a form prescribed by the Director and submitted to the committee for each contribution that it makes that none of its affiliated entities have contributed an amount that, when aggregated with the business contributor’s contribution to that committee, would exceed the limits imposed by the Campaign Finance Act.

3011.29 A business contributor to a political committee, political action committee, or an independent expenditure committee shall provide the committee with the identities of the contributor’s affiliated entities that have also contributed to the committee, the date and amount of each contribution and expenditure made.

3011.30 Limitations on contributions under §§ 3011.1 – 3011.26 shall not apply to initiative or referendum measures.

3011.31 With the exception of contributions received to retire debt, a political committee or a candidate shall not receive or accept contributions after the election or defeat of the candidate for office, or after the candidate notifies the Office of Campaign Finance of the intent to terminate the candidacy.

3011.32 Limitations on contributions under §§ 3011.1 – 3011.29 shall not apply to candidates seeking certification and participating candidates of the Fair Elections Program, who are subject to the limitations on contributions under § 4205.

3011.33 Limitations on contributions under this section shall apply to political action committees during nonelection years.

3011.34 The contribution limits in this section shall not apply to independent expenditure committees.

3011.35 No covered contractor shall contribute to a prohibited recipient, as defined under §§ 3011.37, 3011.38 and 3011.39, during the prohibited period, as defined by D.C. Official Code § 1-1161.01 (45C). This prohibition shall not include a contribution by a covered contractor who is also a prohibited recipient to finance his or her own election. For the purpose of this section “prohibited period” means from the date of solicitation or similar invitation, or opportunity to contract (excluding leases, surpluses and dispositions), as further defined by D.C. Official Code § 1-1161.01 (45C), for the types of contracts described under D.C. Official Code §§ 1-1161.01 (10C)(A)(ii)(I), (II), (III), and (IV).

3011.36 For the purpose of § 3011.35, “covered contractor” means any business entity, or a principal of a business entity, seeking or holding a contract or multiple contracts with the District government, with an aggregate value of $250,000.00 or more, as further defined by D.C. Official Code § 1-1161.01 (10C) (A)(i).

3011.37 No covered contractor who is seeking or holding a contract with, or for which the procurement process would be overseen by a District agency subordinate to the Mayor shall make a contribution to the following prohibited recipients:

The Mayor;

Any candidate for Mayor;

Any political committee affiliated with the Mayor or any candidate for Mayor; and

(d) Any constituent-service program affiliated with the Mayor.

3011.38 A covered contractor who is seeking or holding a contract with the Office of the Attorney General shall not make a contribution to the following prohibited recipients:

The Attorney General;

Any candidate for Attorney General; and

3011.39 A covered contractor who is seeking or holding a contract, with the Council, that must come before the Council for its approval, or otherwise be approved by the Council legislatively to take effect shall not contribute to the following prohibited recipients:

Any Councilmember;

Any candidate for Councilmember;

Any political committee affiliated with a Councilmember or a candidate for Councilmember; and

(d) Any constituent-service program affiliated with a Councilmember.

3011.40 For the purposes of expenditures made to reimburse the candidate for the candidate’s childcare expenses incurred for campaign related purposes, as prescribed under § 3011.5, each receipt for reimbursement shall include, but is not limited to:

A detailed invoice and/or receipt (including the name of the establishment/individual);

The address, phone number, and dates that the child was in care by the establishment or individual for which childcare services was provided; and

A copy of the cancelled check or the form of payment tendered to the establishment or individual who provided the childcare services.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171 (March 24, 2000); as amended by Final Rulemaking published at 49 DCR 2731 (March 22, 2002); as amended by Final Rulemaking published at 53 DCR 3226 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2229, 2241 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 64 DCR 10306 (October 13, 2017); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3011

3 DCMR § 3012 JOINT FUNDRAISING

3012.1 Prior to conducting any joint fundraising activities, the participant committees shall:

(a) Create a committee to act as their fundraising representative;

(b) Agree in writing to a formula for allocating proceeds and expenses among themselves; and

The writing as agreed upon pursuant to § 3012.1(b); and

The fundraising representative’s (committee’s) account as an additional depository; provided, that the fundraising representative shall be an affiliated committee.

3012.2 The fundraising representative (committee) shall be responsible for:

(a) Establishing a depository account for joint fundraising receipts and expenditures; and

(b) Filing a Statement of Organization with the Director.

3012.3 In accordance with this title, the duties of the fundraising representative (committee) shall include:

(a) Screening all contributions to assure that none are in excess of the limitations under § 3011;

(b) Collecting and depositing joint fundraising contributions;

(d) Allocating proceeds and expenses to the participants; and

Reporting all joint fundraising receipts and expenditures in the reporting period made or received.

3012.4 Upon allocation of proceeds, the participant committees shall report their shares on the R&E Report in accordance with the financial guidelines and procedures.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3012

3 DCMR § 3013 LIMITATIONS ON THE USE OF CAMPAIGN FUNDS

3013.1 Campaign funds shall be used solely for the purpose of financing, directly or indirectly, the election campaign of a candidate.

3013.2 Limitations on the use of campaign funds shall include the following:

Payment or reimbursement for a candidate or staff of a campaign committee for travel expenses and necessary accommodations, except when directly related to a campaign purpose;

(b) Payment or reimbursement for the cost of professional services unless those services are directly related to a campaign purpose;

(c) Payment for medical expenses of a candidate; provided, that campaign funds may be used to pay employer costs of health care benefits for employees of a principal campaign committee;

(d) Payment or reimbursement for fines and penalties, unless litigation arises directly out of a candidate's or principal campaign committee's campaign activities;

(e) Payment or reimbursement for judgments or settlements, unless litigation or agency administrative action arises directly out of the campaign activities of a candidate or principal campaign committee;

Attorney’s fees, unless legal expenses arise directly out of a candidate’s or a principal campaign committee’s campaign activity;

(g) Payment or reimbursement for the purchase or lease of personal property, unless the legal title resides in, or the lessee is, the principal campaign committee, and the use of the property is directly related to a campaign purpose;

(h) Clothing, except for specialty clothing which is not suitable for everyday use, including, but not limited to, formal wear, if the attire is used in the campaign and is directly related to a campaign purpose;

The purchase or lease of a vehicle, unless the title or lease to the vehicle is held by the campaign committee and not the candidate, and the use of the vehicle is directly related to a campaign purpose; and

(j) Compensation to a candidate for the performance of campaign activities, except for reimbursement of out-of-pocket expenses incurred for campaign purposes, including the candidate’s childcare expenses.

3013.3 With the exception of expenditures made to retire debt or wind down the campaign operation, campaign funds shall not be expended following the election or defeat of a candidate for office, or after a candidate notifies the Office of Campaign Finance of the intent to withdraw the candidacy for the purpose of financing, directly or indirectly, the election campaign of a candidate.

3013.4 With the exception of the limitations under § 3013, use of Fair Elections Program funds and expenditures shall be in accordance with the limitations set forth in § 4209.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 20, 1998); Final Rulemaking amended at 49 DCR 2731 (March 22, 2002); as amended by Final Rulemaking published at 53 DCR 3229 (April 21, 2006); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3013

3 DCMR § 3014 CONSTITUENT–SERVICE PROGRAMS

3014.1 A constituent-service program shall encompass any activity or program that provides emergency, informational, charitable, scientific, educational, medical, recreational, or other services to the residents of the District of Columbia, and promotes their general welfare.

3014.2 Funds raised by constituent-service programs may be expended only for services, activities, or programs which inure to the primary benefit of the residents of the District of Columbia, in accordance with § 3014.1.

3014.3 Allowable expenditures from constituent-service programs shall include the following:

Funeral arrangements;

Emergency housing and other necessities of life;

Past due utility payments;

Food and refreshments or an in-kind equivalent on infrequent occasions;

Community events sponsored by the constituent-service program or an entity other than the District of Columbia government; and

Community-wide events.

3014.4 Constituent-service programs shall be prohibited from engaging in any of the following activities:

(a) Promoting or opposing, as a primary purpose, a political party or committee;

(b) Promoting or opposing, as a primary purpose, the nomination or election of an individual to public office;

(d) Distributing campaign literature or paraphernalia;

(e) Using any funds for personal purposes of the elected official;

(f) Using any funds to pay fines or penalties inuring to the District of Columbia government;

(g) Making any expenditure of cash;

(h) Making any expenditure for the sponsorship of a political organization; or

Making any mass mailing 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.

3014.5 A constituent-service program may be maintained only by the following elected public officials:

(a) The Mayor of the District of Columbia; and

(b) The Chairman and Members of the Council of the District of Columbia.

3014.6 A constituent-service program may be operated in the following locations:

(a) In the ward represented by the Member of the Council elected by ward; and

(b) In the ward of the at-large member’s choice.

3014.7 An elected official shall fund the constituent-service program only by:

(a) Transferring any surplus, residue, or unexpended campaign funds to the constituent-service program;

(b) Receiving contributions that do not exceed, in the aggregate, forty thousand dollars ($40,000) in any one (1) calendar year;

(c) Receiving cash contributions from any person which, when aggregated with all other contributions received from the same person, do not exceed five hundred dollars ($500) in any one (1) calendar year; and

(d) Receiving personalty from any person which, when aggregated with all other contributions received from the same person, do not exceed one thousand dollars ($1,000) in any one (1) calendar year.

3014.8 The amount of any transfer of surplus, residue, or unexpended campaign funds by the elected official shall not be subject to the forty thousand dollars ($40,000) contribution limitation under § 3014.7(b).

3014.9 The amount of any funds contributed by the elected official to the official’s constituent-service program shall not be subject to the five hundred dollars ($500) contribution limitation under § 3014.7(c).

3014.10 No person shall receive or make any cash contribution of twenty-five dollars ($25) or more in legal tender to a constituent-service program.

3014.11 A connected organization, under § 3000.8(a), and each affiliated committee established, financed, maintained, or controlled by the connected organization share a single contribution limitation with respect separately to contributors of cash and personalty.

3014.12 Corporations and any business entity as that term is defined in § 29-101.02 of the District of Columbia Official Code may make contributions to a constituent-service program in the District of Columbia.

3014.13 A corporation, its affiliated entities, including its subsidiaries, and each committee established, financed, maintained, or controlled by the corporation and its affiliated entities share a single contribution limitation with respect separately to cash and personalty.

3014.14 Each business entity is deemed to be a separate entity; provided, that a business entity, which is established, financed, maintained, or controlled (51% or more) by another entity, or shares a controller, whether the controller is another entity or an individual, is considered, for the purposes of the contribution limitations, an affiliated entity of the other business entity.

3014.15 All contributions by a partnership shall be subject to each contributing partner’s individual contribution limitations, under § 3014.7.

3014.16 Contributions by a partnership shall be attributed to each partner either by:

(a) Instructions from the partnership to the constituent-service program or the elected official; or

(b) Agreement of the partners; provided, that the profits of non-contributing partners are not affected.

3014.17 No portion of any contribution under § 3014.15 shall derive from the profits of a corporation that is a partner.

3014.18 Each business entity, as that term is defined in § 29-101.02 of the District of Columbia Official Code, is subject to the limitations on contributions set forth in § 3014.7.

3014.19 A business contributor consists of:

(a) A business entity that makes a contribution; and

(b) Each of that business entity’s affiliated entities.

3014.20 The contribution limitations set forth in this section shall apply only to the elected official’s constituent-service program.

3014.21 An elected official shall:

(a) Spend no more than sixty thousand ($60,000) in any one (1) calendar year for the constituent-service program;

File a Statement of Organization for a Constituent-Service Program form, prescribed by the Director, within ten (10) days of organization;

Amend the Statement of Organization within ten (10) days of any change in the information previously reported on the Statement of Organization; and

Maintain the same constituent services fund if elected to the office of Chairman of the Council while serving as an at-large member of the Council.

3014.22 Each constituent-service program shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 3014.20(b).

3014.23 When either the office of chairperson or treasurer of a constituent-service program is vacant, the constituent-service program 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.

3014.24 A constituent-service program shall neither accept a contribution nor make an expenditure while the office of treasurer is vacant, and no other person has been designated and has agreed to perform the functions of a treasurer.

3014.25 Each expenditure made for, or on behalf of, a constituent-service program shall be authorized by either:

(a) The chairperson;

(b) The treasurer; or

3014.26 A chairperson shall be required to file:

(a) A Statement of Acceptance of Position of Chairperson form, prescribed by the Director, and a copy of written notification sent to the address of record of the treasurer, within five (5) days of assuming the office; and

(b) A Statement of Withdrawal of Position of Chairperson form, prescribed by the Director, and a copy of written notification sent to the address of record of the treasurer, within five (5) days of vacating the office.

3014.27 A treasurer shall be required to file:

(a) A Statement of Acceptance of Position of Treasurer form, prescribed by the Director, and a copy of written notification sent to the address of record of the chairperson, within forty-eight (48) hours of assuming the office:

(b) All periodic Reports of Receipts and Expenditures (R&E Reports) due to the Director, pursuant to § 3008, during the treasurer’s tenure; provided that the designated agent listed on the Statement of Organization under § 3014.21 may file the R&E Report if the treasurer is unavailable; and

(c) A Statement of Withdrawal of Position of Treasurer form, prescribed by the Director, and a copy of written notification sent to the address of record of the chairperson, within forty-eight (48) hours of vacating the office.

3014.28 A person shall not simultaneously serve as the chairperson and treasurer of a constituent-services program.

3014.29 A constituent-service program accepting contributions or making expenditures shall:

Designate one or more national banks located in the District of Columbia as the program’s depository or depositories;

Maintain a checking account or accounts at such depository or depositories; and

Deposit any contribution received by the program into that account or accounts.

3014.30 All funds of a constituent-services program shall be segregated from, and may not be commingled with, anyone’s personal funds.

3014.31 A constituent-service program shall neither establish nor maintain a petty cash fund.

3014.32 A Bitcoin contribution may be accepted if the value of the Bitcoin contribution at the time of transfer does not exceed the contribution limits established by § 3014.7.

3014.33 A Bitcoin contribution received during the initial transfer shall be rejected and returned to the contributor if it exceeds the contribution limitations established by § 3014.7.

3014.34 A Bitcoin contribution that does not exceed the contribution limits at the time of transfer shall, within five (5) calendar days of receipt, be liquidated and converted into US dollars on a high volume public Bitcoin exchange website that is open to transactions in the United States.

3014.35 Each constituent-service program that receives a Bitcoin contribution shall be responsible for verifying both the accuracy of the contributor information provided and the Bitcoin value determinations as part of the program’s recordkeeping obligations under § 3400.

3014.36 Each constituent-service program that accepts Bitcoin contributions shall require the contributor to affirm on forms soliciting Bitcoin contributions:

That the contributor is a United States citizen or legal permanent resident;

That the contributor’s personal funds were used to purchase the Bitcoin contributed; and

That the contributor is the actual lawful owner of the Bitcoin contributed.

3014.37 No person, including a business contributor, shall make a bundled or cause to make a bundling of contributions from different donors for the purpose of making a single contribution, directly or indirectly to a constituent-service program.

3014.38 No constituent-service program shall accept, directly or indirectly, a bundling of contributions from different donors for the purpose of making a single contribution in support of a constituent-service program.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 20, 1998); as amended by Final Rulemaking published at 47 DCR 2171 (March 24, 2000); as amended by Final Rulemaking published at 57 DCR 2229 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 65 DCR 13207 (November 30, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3014

3 DCMR § 3015 USE OF SURPLUS FUNDS

3015.1 Surplus funds of a constituent-service program (except for that of an at-large councilmember who has been elected to the office of Chairman of the Council) or a Statehood Fund shall be disbursed within one hundred twenty (120) days of the date that the elected official:

(a) Vacates the public office held; or

(b) Notifies the Director in writing of any determination that the constituent-service program or Statehood Fund shall no longer receive contributions or make expenditures.

3015.2 Surplus funds of a constituent-service program shall be disbursed only for the following purposes:

(a) To retire the debts of the program; and/or

(b) To donate to a not-for-profit organization, within the meaning of the federal tax laws, that is in good standing in the District of Columbia for a minimum of one (1) calendar year prior to the date of donation.

3015.3 Surplus funds of a Statehood Fund shall be disbursed by a U.S. Senator or Representative to retire debts and obligations for the following:

(a) Salaries;

(b) Office expenses; and

3015.4 Upon retirement of debts and obligations, a U.S. Senator or Representative shall donate any remaining funds to a not-for-profit organization within the meaning of the federal tax laws.

3015.5 Surplus funds of a candidate or candidate-elect shall be disbursed to the donors within six (6) months of one (1) of the following events:

(a) Used to retire the debts of the committee that received the funds;

(b) Returned to donors;

Contributed to a political party for political purposes; and/or

Transferred to a political committee, a charitable organization that meets the requirements of the tax laws of the District of Columbia, or in the case of an elected official, an established constituent-services fund.

3015.6 Surplus campaign funds of a principal campaign committee received by or on behalf of a candidate shall be:

Contributed to a political party for political purposes;

Use funds to retire the proper debts of the candidate’s political committee that received funds, within twelve (12) months after an election; otherwise, the candidate shall be personally liable for any remaining debts; provided, that:

Personal liability shall not attach until the Office of Campaign Finance is no longer auditing the principal campaign committee; and

Any loans made by a candidate to support his or her campaign may only be repaid up to the amount of twenty-five thousand ($25,000) dollars;

Transferred to:

A political committee;

A nonprofit organization within the meaning of section 501 (c) of the Internal Revenue Code, operating in good standing in the District for a minimum of one (1) calendar year before the date of any transfer; or

An established constituent service program for the office of Mayor or a Councilmember: or

Returned to the donors as follows:

Within six (6) months after the election in which an individual was defeated in an election;

Within six (6) months after the election in which an individual as elected to public office; and

Within six (6) months after an individual cease to be a candidate.

3015.7 Surplus funds of a committee formed to collect signatures or advocate the ratification or defeat of any initiative, referendum, or recall measure may be transferred to any charitable, scientific, literary, or educational organization or any other organization that meets the requirements of the tax laws of the District of Columbia.

3015.8 A campaign committee shall continue to function after the election for which the committee was organized, as a political committee, until all debts and obligations are extinguished.

3015.9 A campaign committee, pursuant to § 3015.8, shall:

(a) Dispose of all surplus funds in accordance with § 3015;

(b) Refrain from collecting or spending money to support a candidate in a future election;

(d) File R&E Reports in accordance with § 3008.

3015.10 A constituent-service program or a Statehood Fund shall continue to file R&E Reports, pursuant to §§ 3008 and 3017, until all debts are satisfied.

3015.11 Use of surplus funds under § 3015 shall not apply to candidates seeking certification and participating in the Fair Elections Program, who are subject to the requirements of § 4211.

3015.12 No public official elected to office shall fundraise after six (6) months after the election to retire the proper debts of the public official’s political committee.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 20, 1998); as amended by Final Rulemaking published at 47 DCR 2171 (March 24, 2000); as amended by Final Rulemaking published at 57 DCR 2229 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3015

3 DCMR § 3016 TERMINATION OF COMMITTEES, CONSTITUENT-SERVICE PROGRAMS, AND STATEHOOD FUNDS

3016.1 A final R&E Report and a verified statement of termination, on a form prescribed by the Director, shall be filed upon termination of any committee, constituent-service program (program), or Statehood Fund (fund).

3016.2 An elected official shall terminate a program or fund if the elected official:

(a) Fails to win re-election;

(b) Resigns; or

3016.3 An authorized committee shall terminate, upon satisfaction of all debts and obligations, when the purpose for which the committee was organized ceases.

3016.4 Any committee, program, or fund may terminate its reporting requirements by filing a final R&E Report; provided that the committee, program, or fund:

(a) Has ceased to receive contributions or make expenditures;

(b) Has extinguished all debts and obligations;

(d) Has disbursed all surplus funds in accordance with § 3015.

3016.5 A committee, program, or fund that cannot extinguish its outstanding debts and obligations may qualify to terminate its reporting requirements by:

(a) Settling its debts for less than the full amount owed to its creditors; or

(b) Demonstrating that a debt is unpayable.

3016.6 The types of debts that are subject to debt settlement include:

(a) Amounts owed to commercial vendors;

(b) Debts arising from advances by individuals;

(d) Loans owed to committees.

3016.7 The types of debts that are not subject to debt settlement include:

(a) Disputed debts; and

(b) Bank loans.

3016.8 A qualifying committee, program, or fund shall be settled if:

(a) Credit was initially extended in the ordinary course of business;

(b) Reasonable efforts, including, for example, fundraising, reducing overhead costs, and liquidating assets, were undertaken to satisfy the outstanding debt; and

(c) The creditor made the same efforts to collect the debt as those made to collect debts from a non-political debtor in similar circumstances.

3016.9 Once a committee, program, or fund has reached an agreement with a creditor, the treasurer shall file a debt settlement proposal with the Director on a form prescribed by the Director.

3016.10 Following receipt of the debt settlement proposal, the Director shall:

(a) Review each debt settlement proposal for substantial compliance with the Act; and

(b) Notify the committee or program within thirty (30) days of its approval or disapproval.

3016.11 A debt may be considered unpayable, under § 3016.5(b), if:

(a) The debt has been outstanding for at least twenty-four (24) months;

(b) The creditor is out of business, and no other entity has the right to collect the amount owed; and

3016.12 A committee, program, or fund may apply to the Director to determine whether a specific debt may be unpayable upon a showing that best efforts to locate the creditor have been made.

3016.13 For purposes of this section, the term "Best efforts" shall include the following:

Ascertaining the creditor’s current address and telephone number; and

(b) Contacting the creditor by registered or certified mail, in person, or by telephone.

3016.14 The reporting obligation of a committee, program, or fund ends when the Director notifies the committee, program, or fund that the final Report has been approved, and the official record closed.

3016.15 Termination of committees under § 3016 shall not apply to principal campaign committees of a participating candidate in the Fair Elections Program.

3016.16 A candidate seeking certification in the Fair Elections Program may rescind his or her certification, as provided under § 4206.10 and terminate the principal campaign committee; provided that the candidate file a Statement to Rescind Certification form before the rescission deadline date, as prescribed by the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 20, 1998); as amended by Final Rulemaking published at 57 DCR 2229 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3016

3 DCMR § 3017 FILINGS AND DEADLINES

3017.1 Reports of Receipts and Expenditures (R&E Reports) shall be filed with the Office of Campaign Finance by:

The treasurer of each political committee;

Each candidate required to register pursuant to § 3002.2, unless reporting is otherwise exempted or waived under §§ 3003 and 3004;

The treasurer of each political action committee; and

The treasurer of each independent expenditure committee.

3017.2 All candidates and committees, except as otherwise noted in this chapter, shall file R&E Reports on the following dates:

March 10, June 10, August 10, October 10, and December 10 in the seven (7) months preceding the date on which an election is held for which the candidate seeks office and the committee supports a candidate for office;

January 31, March 10, June 10, August 10, October 10, December 10, and the eighth (8th) day next preceding the date of any election, in any year in which there is held an election for which the candidate seeks office and the committee supports a candidate for office;

January 31 and July 31; provided, that a committee no later than January 31 declares its intention to not support a candidate during an election year under § 3000.18; and

January 31 and July 31, in a non-election year; provided, that a committee no later than January 31 of the non-election year declares its intention to not support a candidate during an election year under § 3000.18.

3017.3 All political action committees and independent expenditure committees shall also file R&E Reports on April 10 and October 10 of each year in which there is no election.

3017.4 Constituent-service program R&E Reports shall be filed quarterly each year on the first (1st) day of the following months:

(a) January;

(b) April;

(d) October.

3017.5 Statehood Fund R&E Reports shall be filed quarterly each year on the first (1st) day of the following months:

(a) January;

(b) April;

(d) October.

3017.6 Except as otherwise provided in this chapter, R&E Reports shall be filed on January 31 and July 31 of each year until all debts and obligations are satisfied by the following:

(a) Political committees pursuant to § 3015.8;

(b) A Statehood Fund when the U.S. Senator or Representative vacates office; and

3017.7 Fair Elections Program R&E Reports shall be filed on the following dates:

January 31, March 10, June 10, August 10, October 10, December 10, and the eighth (8th) day next preceding the date of any general or special election, in any year in which there is held an election for which the candidate seeks office and the committee supports a candidate for office;

3017.8 Fair Elections Program R&E Reports shall also be filed in accordance with the following schedule:

On the tenth (10th) day of the second (2nd) month preceding the date of any election for a seat for a covered office;

On the tenth (10th) day of the first (1st) month preceding the date of any election for a seat for a covered office; and

(c) Fourteen (14) days immediately preceding the date of any special or general election for a seat for a covered office.

3017.9 Each R&E Report shall be completed as of the closing date prescribed by the Director of Campaign Finance, which shall not be more than ten (10) days before the filing date, except that any contribution of two hundred dollars ($200) or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be filed before the election shall be reported within twenty-four (24) hours after its receipt.

3017.10 [REPEALED].

3017.11 Where an exception to the mandatory electronic filing requirement is granted, all reports and statements filed in person or by first class mail shall be deemed timely filed when received by 5:30 p.m. of the prescribed filing date.

3017.12 All reports and statements electronically filed shall be deemed timely filed if received by midnight of the prescribed filing deadline.

3017.13 Upon written request submitted by the candidate or committee, on or before the filing deadline, the Director may allow an extension for filing a Report or statement for a reasonable period of time, for good cause shown.

3017.14 Any reference to days in this chapter is to calendar days, unless otherwise indicated.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 20, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2183 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3230 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2229 (March 19, 2010); as amended by Final Rulemaking published at 58 DCR 10607 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 64 DCR 10306 (October 13, 2017); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3017

3 DCMR § 3018 IDENTIFICATION OF CAMPAIGN LITERATURE

3018.1 A candidate, political committee, or political action committee shall identity its political advertising by the words:

“PAID FOR BY”;

Followed by the name and address of the candidate or committee; and

The name of the committee’s treasurer, as applicable.

3018.2 An individual or an independent expenditure committee making an independent expenditure shall identify its political advertising by:

The words:

“Pay for by”;

Followed by the name and address of the independent expenditure; and

The name of the committee’s treasurer or the name and address of the person making the independent expenditure;

The political advertising shall also include a written or oral statement of the words:

“Top Five Contributors”;

Followed by a list of the 5 largest contributors over the amount of five thousand ($5,000) dollars, whose contributions were made for the purpose of making an independent expenditure, if applicable during the 12-month period before the date of the political advertising.

3018.3 A political committee, political action committee, independent expenditure committee, or person making an independent expenditure shall include a statement on the face or front page, if printed, or an oral statement, if audiovisual, of all political advertising soliciting contributions as the following notice: “A copy of our report is filed with the Director of Campaign Finance of the Office of Campaign Finance.”

3018.4 The identification requirements of this section need not be included on items the size of which makes the inclusion of such identification impractical.

3018.5 For the purpose of this section, the term “political advertising” includes newspaper and magazines advertising; poster; circulator and mailer; billboards; handbills; bumper stickers; sample ballots; initiative, referendum, or recall petitions; radio or television advertisements; paid telephone call and text messaging, digital media advertisements; and other printed and digital material produced by the persons intended to support or oppose:

A candidate or group of candidates; or

Any initiative, referendum, or recall measure.

History

SOURCE: Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3018

3 DCMR § 3019 PENALTIES

3019.1 Penalties for any violations of this chapter shall be imposed pursuant to § 3711 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3019

3-31 [REPEALED]

3 DCMR § 3100 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3184-85 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 5919, 5920-21 (July 28, 2000); as amended by Final Rulemaking published at 53 DCR 3230 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2253 (March 19, 2010); as amended by Final Rulemaking published at 58 DCR 10610 (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).

3 DCMR § 3101 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3185-86 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 5919, 5921-22 (July 28, 2000); as amended by Final Rulemaking published at 53 DCR 3231 (April 21, 2006); 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).

3 DCMR § 3102 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3186-87 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 5919, 5922-23 (July 28, 2000); as amended by Final Rulemaking published at 53 DCR 3231 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2253, 2254 (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).

3 DCMR § 3103 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3187-88 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 5919, 5923-24 (July 28, 2000); as amended by Final Rulemaking published at 49 DCR 2731 (March 22, 2002); as amended by Final Rulemaking published at 57 DCR 2253, 2256 (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).

3 DCMR § 3104 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 5919, 5924-25 (July 28, 2000); as amended by Final Rulemaking published at 57 DCR 2253, 2256 (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).

3-32 [REPEALED]

3 DCMR § 3200 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3188-89 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3232 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2258 (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).

3 DCMR § 3201 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3189-90 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2185 (March 24, 2000); as amended by Final Rulemaking published at 47 DCR 5919, 5925-26 (July 28, 2000); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2258, 2259 (March 19, 2010), as corrected by Errata Notice published at 57 DCR 5737 (July 2, 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).

3 DCMR § 3202 [REPEALED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3190-91 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2185-86 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3233 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2258, 2261 (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).

3 DCMR § 3300 [RESERVED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3191 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2186 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3234 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2263 (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). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3300

3 DCMR § 3301 PROHIBITION ON USE OF GOVERNMENT RESOURCES FOR CAMPAIGN-RELATED PURPOSES

3301.1 No District of Columbia government resources shall be used to support or oppose any of the following:

(a) A candidate for elected office, whether partisan or nonpartisan; or

(b) An initiative, referendum, or recall measure, or a charter amendment referendum.

3301.2 Resources of the District of Columbia government shall include, but not be limited to, the following:

(a) The personal services of employees during their hours of work; and

(b) Nonpersonal services.

3301.3 Nonpersonal services shall include, but not be limited to, the following:

(a) Supplies;

(b) Materials;

(d) Office space;

(e) Facilities;

(f) Utilities, for example, telephone, gas, and electric services; and

(g) District government accounts, including, but not limited to the following:

Email accounts;

Social media accounts;

Webpages; and

Internet domains.

3301.4 Prohibited use, whether intended or unintended, of District government accounts, prescribed under § 3301.3(g), shall include, but not be limited to, the following:

Linking to or sharing a link to an elected candidate’s or political group’s website, whether partisan or nonpartisan, advocating in support or opposition of the candidate elected for office or political group; or

Tweeting or retweeting a link to an article of a candidate elected for office or political group, whether partisan or nonpartisan, in support or opposition to the candidate elected for office or political group, or

Linking to or sharing a link to a post in a social media account of a candidate elected for office or a political group; and

Posting a picture, photograph, or cartoon to a District government account of a candidate elected for office or political group, in support of opposition of the candidate or political group.

3301.5 With exception to the members of the ANC Commission, prohibition set forth in § 3301.3, shall not apply to the following public officials who may, as part of their official duties, express their views on a District of Columbia election:

(a) The Mayor;

(b) The Chairman of the Council;

Each Member of the Council;

The Attorney General;

(e) The President of the State Board of Education; and

(f) Each Member of the State Board of Education.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3191-93 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3233-3237 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2263, 2264 (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); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3301

3 DCMR § 3302 [RESERVED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3193 (May 22, 1998); as amended by Final Rulemaking published at 49 DCR 2731 (March 22, 2002); as amended by Final Rulemaking published at 53 DCR 3237 (April 21, 2006); 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). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3302

3 DCMR § 3303 [RESERVED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3193-94 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3237 (April 21, 2006); 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). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3303

3 DCMR § 3304 [RESERVED]

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3194-95 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3239 (April 21, 2006); 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). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3304

3 DCMR § 3305 INTERPRETATIVE OPINIONS

3305.1 Any person subject to this chapter may request a written interpretative opinion concerning the application of the Act, and Chapters 30-41 of this title.

3305.2 The request shall be addressed to the Director in writing.

3305.3 Each request shall contain the following:

The full name and address of the requestor;

A query as to an application of the Act, and Chapters 30-41 of this title, solely with respect to an actual or potential event concerning a specific or general transaction or activity of the person;

3305.4 The Director shall notify the requestor in writing of the acceptance of each request.

3305.5 The Director shall respond in writing to each request within thirty (30) days after it has been accepted for review by the Office of Campaign Finance.

3305.6 If the requestor disagrees with the interpretative opinion issued by the Director, the requestor may request an advisory opinion from the Board of Elections, pursuant to Chapter 3 of this title.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3195 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3240 (April 21, 2006); 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). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3305

3 DCMR § 3306 PENALTIES

3306.1 Penalties for any violations of this chapter shall be imposed pursuant to § 3711 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 11864 (August 16, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3306

3-34 CAMPAIGN FINANCE RECORDKEEPING AND AUDITS

3 DCMR § 3400 RECORDKEEPING PROCEDURES

3400.1 To ensure financial accountability, this chapter governs the recordkeeping procedures for the following:

(a) All candidates;

(b) Political Committees;

(d) Independent expenditure committees;

(e) Constituent-Service Programs;

(f) Statehood Funds; and

(g) Fair Elections Program.

3400.2 Each person who is required to file records under § 3400.1 shall obtain and preserve, from the date of registration, detailed records of all contributions and expenditures disclosed in reports and statements filed with the Director, including the following:

(a) Check stubs;

(b) Bank statements;

(d) Contributor cards and copies of donor checks;

(e) Credit card contributions, including merchant statements

(f) Deposit slips;

(g) Invoices;

(h) Receipts;

(i) Contracts;

(j) Subcontracts;

(k) Payroll records;

(l) Lease agreements;

(m) Petty cash journals, if applicable;

(n) Ledgers;

(o) Vouchers;

(p) Loan documents including the source of the funds;

(q) Affirmation statements;

(r) Affidavits, if applicable; and

(s) Campaign equipment records

3400.3 Each filer shall also obtain and preserve from each business contributor:

The identities of the business contributor’s affiliated entities that have made contributions or expenditures to the filer;

The date and amount of each contribution and expenditure made by the business contributor’s affiliated entities to the filer;

[REPEALED]; and

A certification with respect to each contribution made that none of the business contributor’s affiliated entities contributed an amount that, when aggregated with the contribution of the business contributor, exceeded the contribution limits.

3400.4 Each Fair Elections Program filer shall obtain and preserve a contribution receipt from each qualified small-dollar contributor and each non-District resident contributor, including:

The contributor’s digital or physical signature, printed name, home address, telephone number, occupation and principal place of business, if any, and the name of the candidate to whom the contribution is made; and

A written and signed oath or affirmation declaring that the contributor:

Is making the contribution in the contributor’s own name and from the contributor’s own funds;

Is making the contribution voluntarily and has not received anything of value in return for the contribution;

In the case of a small-dollar contributor, is a District resident;

In the case of a contribution form a non-District resident individual, is a non-District resident individual; and

(5) Understands that a false statement is a violation of law.

3400.5 Bank statements may be submitted in lieu of canceled checks to show financial transactions, as long as the bank statements include photocopies of the canceled checks.

3400.6 A contribution received after an election cycle (primary and general) shall be earmarked to indicate that the contribution is for the retirement of the debt of a candidate or political committee.

3400.7 All filers, with the exception of lobbyists, shall maintain the records required under § 3400.2 for a period of three (3) years from the date of the filing of the final Report of Receipts and Expenditures (R&E Report) and the Statement of Committee Termination under § 3016.

3400.8 Each lobbyist shall maintain the records required under § 3400.2 for a period of five (5) years from the date of the filing of the Lobbying Activity Report previously required to be filed with the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171 (March 24, 2000); as amended by Final Rulemaking published at 53 DCR 3240 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2268 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 64 DCR 10306 (October 13, 2017); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3400

3 DCMR § 3401 EXPENDITURES

3401.1 With the exception of petty cash disbursements, each expenditure shall be made by:

(a) A serially pre-numbered check that identifies the required filer on the face of the check; or

(b) A commercial-business type of check that includes spaces for the entry of each check and a brief explanation of the nature of the disbursement.

3401.2 Checks shall be issued by the filer:

(a) In consecutive numerical order; and

(b) Out of the depository account.

3401.3 Checks shall be recorded:

(a) In a cash disbursement journal; and

(b) On the check stub, as provided.

3401.4 Voided or stale-dated checks shall be:

(a) Stamped "void" or made non-negotiable; and

(b) Retained in accordance with § 3400.2.

3401.5 Each expenditure from petty cash shall be made in accordance with the following procedures:

(a) Each disbursement from the petty cash fund shall be supported by a petty cash voucher; and

(b) Each reimbursement out of the petty cash fund shall be accompanied by appropriate documentation including, for example, receipts or invoices.

3401.6 Each expenditure shall be reconciled with the total monthly disbursements, as shown by the following:

(a) Canceled checks; and

(b) Bank statements.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3240 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2268 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3401

3 DCMR § 3402 RECEIPTS

3402.1 Each receipt from a contributor, including a Bitcoin, shall include:

The contributor’s full name;

The contributor’s mailing address;

(d) The date of the contribution;

The amount of the contribution; and

The contribution type (i.e., check, credit card, money order, or cash).

3402.2 Each Fair Elections Program receipt shall also include:

The contributor’s digital or physical signature,

The name of the candidate to whom the contribution is made; and

A written and signed oath or affirmation declaring that the contributor:

Is making the contribution in the contributor’s own name and from the contributor’s own funds;

Is making the contribution voluntarily and has not received anything of value in return for the contribution;

In the case of a small-dollar contributor, is a District resident;

In the case of a contribution form a non-District resident individual, is a non-District resident individual; and

Understands that a false statement is a violation of law.

3402.3 Each receipt from a business contributor shall also contain the following:

The identities of the business contributor’s affiliated entities that have made contributions or expenditures to the filer;

The date and amount of each contribution and expenditure made by the business contributor’s affiliated entities to the filer;

[REPEALED]; and

3402.4 Each receipt shall be handled in the following manner:

(a) A pre-numbered receipt shall issue for each contribution received; and

(b) Receipts shall be documented by contributor cards and copies of the donor’s check.

3402.5 Each committee shall obtain and preserve:

Each instance in which two (2) or more contributions are forwarded from one or more persons by a person who is not acting with actual authority as an agent or principal of a committee;

The name, address, and employer of each person reasonably known by the committee to have bundled in excess of ten thousand dollars ($10,000) during any reporting period, and;

For each person, the total amount of the bundling.

3402.6 Records of receipts and contributions shall be maintained to show:

(a) Cumulative totals, with the exception of receipts for sales or collections; and

(b) For receipts for sales or collections, a detailed record of receipts and expenditures.

3402.7 Each filer shall separately identify itemized receipts from unitemized receipts (for example, those receipts obtained at fundraising events).

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3240 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2268 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 64 DCR 10306 (October 13, 2017); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3402

3 DCMR § 3403 AVAILABILITY OF FINANCIAL RECORDS

3403.1 The Director shall have access to:

(a) All books, records, accounts, reports, surveys, and other documentation deemed necessary by the Director for the administration and enforcement of this title; and

(b) All books, accounts, records, reports, surveys, and any other evidence or documentation within the custody of any organization, including subcontractors, agency, board, commission, department, or any instrumentality of the District of Columbia government, pertaining to the activities of any filer.

3403.2 All records, under this chapter, shall be made available for review and audit no later than ten (10) days after receipt of a written request by the Director, or fifteen (15) days after receipt in the case of a periodic audit, or thirty (30) days after receipt in the case of a full audit.

3403.3 With exception to § 3403.2, all records under §§ 3400, 3401 and 3402, if applicable, shall be included for review with each Fair Elections Program R&E Report filed with the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3403

3 DCMR § 3404 DESK REVIEWS AND AUDITS

3404.1 With the exception of Fair Elections Program Reports of Receipts and Expenditures, the Report Analysis and Audit Division (Audit Division) of the Office of Campaign Finance shall conduct Desk Reviews of each Report of Receipt and Expenditure filed with the Agency to ensure the accurate reporting of financial activity, as shown by the following:

The ending balance from the last report filed is carried forward as the beginning balance for the report under review;

The information on the Summary Page, including both columns A and B, is complete and correct mathematically, and presents an overall view of the financial activities of the filer;

The information on the Detailed Summary Page, including both columns A and B, is complete and correct mathematically, and presents an overall breakdown of the categories of all receipts;

All Schedules A provide complete and detailed information for each receipt, an itemized list of, and which equals, all receipts for each of the categories on the Detailed Summary Page, and that each contribution does not exceed contribution limits;

All Schedules B provide complete and detailed information for each disbursement, an itemized list of, and which equals, all disbursements for each of the categories on the Detailed Summary page, and list valid purposes for each expenditure;

The information on Schedule C is complete and detailed as to all receipts received from sales and collections, including the date and type of event or fundraiser, and the total is carried to the Summary Page;

The information on Schedule D is complete and detailed as to all debts and obligations that are sixty (60) days or more outstanding (excluding loans) owed by or to the filer, and the total is carried to the Summary Page; and

The information on Schedule E is complete and detailed as to all loans made by or to the filer, and the total is carried to the Summary Page.

3404.2 At the conclusion of the Desk Review, the Audit Division will issue a Request for Additional Information (RFAI) letter to each filer whose Report of Receipts and Expenditures was found to contain errors or discrepancies. The RFAI will detail the errors and discrepancies noted during the Desk Review, and will require the filer to respond within fifteen (15) calendar days and provide corrections or file an amended report.

3404.3 In addition, the Audit Division may conduct full field audits and periodic random field audits of the receipts, disbursements, and debts and obligations of candidates, political committees, political action committees, independent expenditure committees, and constituent-service and statehood fund programs.

3404.4 Full Field Audits may be initiated as follows:

(a) Following an election year, the principal campaign committees of candidates newly elected to office may be selected for full field audit in the non-election year occurring thereafter; or

(b) The Director of the Office of Campaign Finance may direct the conduct of full field audits as the result of complaints received for the investigation of alleged violations of the Campaign Finance Act of 2011 from either the OCF or members of the public, or by order of the Board of Elections.

3404.5 Periodic Random Field Audits will be conducted as follows:

(a) For candidates and continuing political committees, the auditees will be selected from the list of timely filers for each January 31st and July 31st report date, following the close of the filing deadline;

(b) For political action committees and independent expenditure committees, the auditees will be selected from the list of timely filers for each January 31st and July 31st report date, following the close of the filing deadline;

(c) For Constituent Service and Statehood Fund Programs, the auditees will be selected commencing with the April 1st report date and every other quarterly filing deadline thereafter, during the calendar year;

(d) For candidates and political committees active during an election cycle, the auditees will be selected from the list of timely filers for each October 10th, March 10th, and August 10th report date, following the close of the filing deadline.

3404.6 The Audit Division must notify the Treasurer of the committee selected for audit in writing of the audit, and request the delivery to OCF by a date certain within fifteen (15) calendar days for periodic random field audits, or within thirty (30) calendar days for full field audits, of the issuance of the letter, of all underlying documentation, including bank statements and records, copies of deposit slips, contributor checks and cards, credit card documentation (including merchant statements), invoices, and loan documents supporting each and every transaction reported during the coverage period.

3404.7 Upon receipt of all financial records, the audit field work shall commence and include the review of all disclosure reports for completeness and mathematical accuracy, the reconciliation of bank account records to the disclosure reports filed, and such other audit procedures as deemed necessary.

3404.8 Once the field work is completed, the Audit Division shall issue a Draft Audit Report, with Findings and Recommendations, and require the submission of a written response, amended report, and/or additional documentation by the committee within thirty (30) calendar days or less after receipt of the Report.

3404.9 The Audit Report will be released and made available to the public following the receipt and review of the committee response for compliance with all outstanding issues.

3404.10 In the event of the failure to provide committee records or to respond to the Draft Audit Report, in whole or in part, or to any other request of the Audit Division, including the Request for Additional Information, the Audit Division will refer the failure to comply to the OCF General Counsel for the initiation of the enforcement process pursuant to § 3700 of this title.

3404.11 It is the policy of the Board of Elections that extensions of time to take action required within a period of time under this chapter will not be routinely granted, without a demonstration that good cause exists for such a request, and the extension shall not exceed fifteen (15) days.

3404.12 During the period of any audit under this chapter, the committee must continue to file any reports of receipts and expenditures which may become due.

3404.13 Except as provided under this chapter, the Fair Elections Division shall conduct desk reviews and audits of each Fair Elections Program R&E Reports filed with the Office of Campaign Finance in accordance with Chapter 43 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3404

3 DCMR § 3405 PENALTIES

3405.1 Penalties for any violations of this chapter shall be imposed pursuant to § 3711.2 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3405

3-35 MINOR PARTY EXEMPTION

3 DCMR § 3500 REQUEST FOR EXEMPTION

3500.1 Any member, contributor, or recipient of expenditures involving a minor party may request an exemption from the disclosure provisions of this title.

3500.2 The requestor shall apply, in writing, to the Director.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3198-99 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3500

3 DCMR § 3501 INFORMAL HEARING FOR EXEMPTION

3501.1 Within fifteen (15) days following a request for an exemption, the Director shall conduct an informal hearing.

3501.2 To obtain an exemption, the requestor shall show, by a reasonable probability, that the disclosure of the names of the members, contributors, and recipients of expenditures shall expose the persons to economic reprisals, harassment, loss of employment, or threat of physical coercion from government officials or private parties.

3501.3 Evidence of the type of harm alleged, pursuant to § 3501.2, shall include past or present harassment of members, recipients, or contributors due to their associational ties, and/or threats, reprisals, or public hostility toward the minor party, its members, supporters, or individuals representing similar views.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3199 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3501

3 DCMR § 3502 PROCEDURES FOR INFORMAL HEARING

3502.1 Notice of an informal hearing shall be issued in writing at least seven (7) days prior to the hearing.

3502.2 In the notice, the requester shall be informed of:

(a) The authority upon which the hearing is based;

(b) The time and place of the hearing;

(d) The fact that the requester’s failure to appear may result in a dismissal of the matter.

3502.3 The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.

3502.4 The requester, or counsel for the requester, shall present the requester’s case and evidence to the Director.

3502.5 The Director may wait a reasonable period of time for the requester to appear before beginning the informal hearing.

3502.6 If the requester fails to appear after a reasonable period of time, the Director shall:

(a) Reschedule the informal hearing;

(b) Issue notice of the rescheduled hearing; and

3502.7 If the requester fails to appear after an informal hearing has been rescheduled, the Director may proceed with the informal hearing; provided, that the requester has received notice.

3502.8 Following the conduct of each informal hearing, the Director shall issue a written order with findings of facts and conclusions of law.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3199-00 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3502

3 DCMR § 3503 DECISIONS OF THE DIRECTOR

3503.1 If the Director denies the request, the minor party shall disclose all necessary information in accordance with this title.

3503.2 If the Director approves the request, the minor party shall add the following sentence on all campaign literature: “By Order of the Director, pursuant to Title 3 DCMR, Chapter 35, we are exempt from disclosing the names of the members, contributors, and recipients of expenditures to protect our First Amendment rights.”

3503.3 Nothing in this chapter shall preclude the Director from conducting an investigation for violations of this title, other than those disclosure requirements exempted under this chapter.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3200 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3503

3 DCMR § 3504 REVIEW BY THE BOARD OF ELECTIONS

3504.1 Any party adversely affected by any order of the Director may obtain review of the order by filing with the Board of Elections a request for a hearing de novo.

3504.2 The request pursuant to § 3504.1 shall be filed:

Within fifteen (15) days from the issuance by the Director of an order; and

In accordance with Chapter 4 of this title.

History

SOURCE: Final Rulemaking published at 45 D.C. Reg. 3161, 3200 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3504

3-36 DISTRICT OF COLUMBIA SENATOR AND REPRESENTATIVE

3 DCMR § 3600 DISTRICT OF COLUMBIA STATEHOOD FUNDS

3600.1 The D.C. Senator or Representative (Senator or Representative) may establish a District of Columbia Statehood Fund (Statehood Fund) to support the purposes and operations of the public office of a Senator or Representative, which may include:

(a) Office expenses; and

(b) Staff salaries; provided, that the Senator and Representative shall receive compensation no greater than that of the Chairman of the Council.

3600.2 The Senator and Representative shall be prohibited from expending monies from the Statehood fund for:

(a) Promoting or opposing any political party or committee; or

(b) Promoting or opposing the nomination, election, or recall of any individual to or from public office.

3600.3 To finance the Statehood Fund, each Senator and Representative may solicit and receive the following contributions:

(a) Services;

(b) Monies;

(d) Endowments;

(e) Donations; and

(f) Bequests.

3600.4 Except for any monies included in annual Congressional appropriations, all contributions shall be deposited in the respective District of Columbia Statehood Fund for each Senator and Representative.

3600.5 Each Senator and Representative shall designate one or more District of Columbia federally chartered depository institutions, including a national bank, which is insured by either:

(a) The Federal Deposit Insurance Corporation;

(b) The Federal Savings and Loan Insurance Corporation; or

3600.6 Each Senator or Representative may establish more than one (1) account at any depository; provided, that at least one (1) checking account shall be maintained at one (1) depository.

3600.7 Each Senator and Representative may designate a financial officer to manage the Statehood fund; provided that the Senator and Representative shall remain solely responsible for the lawful administration of the Statehood Fund.

3600.8 Within ten (10) days of assuming office, each Senator and Representative shall file a Statement of Information (Statement), on a form prescribed by the Director, regarding the Statehood Fund.

3600.9 The statement shall include:

(a) The name, home, and office address of the respective Senator or Representative;

(b) The names and addresses of all Statehood Fund depositories;

(d) The names, titles, addresses, and phone numbers of each person authorized to make withdrawals or payments out of Statehood fund accounts;

(e) The name, address, and phone number of the Statehood Fund financial officer, or any designated agent; and

(f) The name, address, and phone number of the custodian of books and records.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3201-02 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171 (March 24, 2000); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3600

3 DCMR § 3601 STATEHOOD FUND PETTY CASH

3601.1 A Senator or Representative may establish a petty cash fund, the monies for which shall be derived from the Statehood Fund.

3601.2 A Senator or Representative shall maintain the petty cash fund and records in accordance with § 3010 of Chapter 30 of this title.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3201-02 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3601

3 DCMR § 3602 APPLICABILITY

3602.1 Each Senator and Representative shall electronically file Periodic Reports of Receipts and Expenditures (R&E Reports) for each Statehood Fund in accordance with §§ 3006 and 3008 of Chapter 30 of this title.

3602.3 Each Senator and Representative (or, if the Senator or Representative is unavailable, the designated agent as listed on the Statement of Information filed under § 3600.8) shall electronically verify for each R&E Report by oath or affirmation, subject to penalties of perjury, that reasonable due diligence was exercised in the preparation of the report, and that the report is true and complete to the best of the filer’s knowledge.

3602.3 Each Senator and Representative shall maintain their records in accordance with Chapter 34 of this title.

3602.4 Within this title, each Senator and Representative shall be subject to the following provisions:

(a) Limitations on contributions, pursuant to § 3011 of Chapter 30 of this title;

(b) Limitations on constituent-service programs, pursuant to § 3014 of Chapter 30 of this title; and

(c) Prohibition on use of government resources for campaign-related activities, pursuant to § 3301 of Chapter 33 of this title.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3602

3 DCMR § 3603 DISSOLUTION OF STATEHOOD FUND

3603.1 A Senator or Representative shall dissolve the respective Statehood Fund in accordance with § 3016 of Chapter 30 of this title.

3603.2 A Senator or Representative shall disburse any surplus funds remaining in the respective Statehood Fund in accordance with § 3015 of Chapter 30 of this title.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3603

3 DCMR § 3604 PENALTIES

3604.1 Penalties for any violations of this chapter shall be imposed pursuant to § 3711.2 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3604

3-37 INVESTIGATIONS AND HEARINGS

3 DCMR § 3700 INVESTIGATIONS IN GENERAL

3700.1 The provisions of this chapter shall establish the procedures for the conduct of all investigations by the Director of Campaign Finance (Director), and/or his or her designee, of alleged violations of Title III of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01 et seq.), and Chapters 30 - 42 of this title.

3700.2 Investigations shall be conducted fairly and professionally, and in a manner that protects the rights and reputations of public employees and officials.

3700.3 Investigations shall be identified as one (1) of the following:

Internal Inquiry;

(b) Preliminary Investigation; or

3700.4 All proceedings and records of the Office of Campaign Finance (OCF) relating to the initiation or conduct of any investigation shall be confidential and closed to the public, except all orders of the Director issued during investigative proceedings shall be made available to the public at OCF’s website (http://ocf.dc.gov/).

3700.5 The disposition of each investigation shall be made part of the public record.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 57 DCR 2272 (March 19, 2010); as amended by Final Rulemaking published at 58 DCR 10612 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3700

3 DCMR § 3701 INITIATION OF INVESTIGATION

3701.1 An investigation may commence upon referral by the Board of Elections (Board) or the filing of a complaint in writing with the Director.

3701.2 Each complaint shall include:

(a) The full name and address of the complainant and the respondent;

(b) A clear and concise statement of facts that alleged to constitute a violation of the Act, or of Chapters 30-42 of this title;

(d) A verification of the complaint under oath; and

(e) Supporting documentation, if any.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); as amended by Final Rulemaking published at 57 DCR 2272 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3701

3 DCMR § 3702 INTERNAL INQUIRY

3702.1 An internal inquiry shall involve an examination by the Director of a possible violation of the Act, when the possible violation comes to the attention of the Director.

3702.2 The Director may initiate an internal inquiry through the following sources:

Information obtained through the media; or

Documents filed with the OCF.

3702.3 Within a reasonable time after examination of an internal inquiry, the Director shall determine whether to initiate a preliminary investigation.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3702

3 DCMR § 3703 PRELIMINARY INVESTIGATIONS

3703.1 A preliminary investigation shall entail an inquiry by the Director to determine whether there is reasonable cause to believe that a violation has occurred.

3703.2 Preliminary investigations may be initiated by any one (1) of the following means:

(a) Referral by the Board of Elections;

(b) Complaint by any employee or resident of the District of Columbia; or

3703.3 A preliminary investigation conducted by OCF shall be strictly investigatory, non-adversarial, and non-adjudicatory.

3703.4 Within thirty (30) days of initiation of a preliminary investigation, the Director shall determine whether a full investigation is necessary.

3703.5 Within ten (10) days after initiation of a preliminary investigation, the Director shall notify, in writing, the person (respondent) who is the subject of the preliminary investigation.

3703.6 Notification to the respondent shall consist of the following:

(a) A copy of the complaint;

(b) Explanation of the existence of the investigation and the general nature of the alleged violation; and

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3703

3 DCMR § 3704 FULL INVESTIGATIONS

3704.1 A full investigation regarding any alleged violation of the Act or Chapters 30-42 of this title shall commence upon a finding of reasonable cause by the Director and notice to the respondent that a full investigation has commenced.

3704.2 The full investigation shall be conducted by evidence gathered and explored by the following:

(a) Subpoena;

(b) Depositions;

(d) Interviews;

(e) Audits;

(f) Affidavits;

(g) Documents; and

(h) Other means deemed appropriate.

3704.3 The Director may require any person to submit in writing certain reports and answers to questions, as prescribed by the Director, relating to the administration and enforcement of the Act, and Chapters 30-42 of this title.

3704.4 Any person required by the Director to submit in writing certain reports or to answer questions under oath shall submit such reports and/or answers within seven (7) calendar days after receipt of the request.

3704.5 If any person required by the Director to submit in writing certain reports or to answer questions fails to submit such reports or answers within seven (7) calendar days after receipt of the request, the Director shall issue a subpoena in accordance with § 3707.

3704.6 All submissions of reports or answers shall be made under oath; provided, that the person is not represented by counsel.

3704.7 Within ninety (90) days of receipt of any complaint, the Director shall:

Cause evidence to be presented to the Board, if sufficient evidence exists constituting an apparent violation, pursuant to § 3706;

Dismiss the complaint, if insufficient evidence exists to present the matter, pursuant to § 3705; or

Impose civil penalties, pursuant to § 3711, upon a determination that a violation of the reporting and disclosure requirements prescribed by the Act and/or Chapters 30-42 of this title has occurred.

3704.8 The Director may seek, upon a showing of good cause, an extension of time as reasonably necessary to complete an investigation.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3205-06 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3242-3243 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2272, 2273 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3704

3 DCMR § 3705 ADMINISTRATIVE DISPOSITION OF INVESTIGATIONS

3705.1 The Director may dismiss any case administratively for any of the following reasons:

Insufficient evidence exists to support a violation;

(b) Stipulation of the parties;

(d) Lack of jurisdiction over respondent; or

(e) Lack of subject matter jurisdiction.

3705.2 The Director shall report to the Board any dismissal issued under § 3705.1 by order with written findings of facts and conclusions of law.

3705.3 The order issued under § 3705.2 shall be served upon all parties or their representatives.

3705.4 Any party adversely affected by any order of the Director issued under § 3705.2 may obtain review of the order by filing a request with the Board of Elections pursuant to § 3709.12.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3705

3 DCMR § 3706 INSTITUTION OF A CHARGE AND FORMAL HEARING

3706.1 Upon belief that sufficient evidence exists constituting an apparent violation of the Act and/or of Chapters 30-42 of this title, the Director shall institute a formal charge or complaint against the alleged violator pursuant to Chapter 37 of this title.

3706.2 The complaint shall include:

The basis for the Director’s jurisdiction over the alleged violation(s);

A recitation of the facts alleged to be violations of the Act and/or regulations;

Proposed sanctions; and

A prayer for relief.

3706.3 The Director shall present evidence of the violation to the Board in an adversarial and open hearing.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3706

3 DCMR § 3707 SUBPOENAS AND DEPOSITIONS

3707.1 The Director shall have the power to require, by subpoena, the attendance and testimony of witnesses and the production of documentary evidence.

3707.2 Except as provided in § 3704.7, each subpoena issued by the Director shall include:

(a) The name of the respondent;

(b) The title of the action;

(d) A command to the person to whom it is directed to:

Attend and give testimony at a time and place specified in the subpoena; and/or

Produce and permit inspection and copying of the books, papers, documents, or tangible things designated in the subpoena.

3707.3 A complainant may request the Director to subpoena particular persons or evidence; provided, that the subpoena shall not be obtained as a matter of right to the complainant.

3707.4 Any person to whom a subpoena is directed may, prior to the time specified in the subpoena for compliance, file a motion to request that the Director quash or modify the subpoena.

3707.5 Any application to quash a subpoena shall be accompanied by a brief statement of the reasons supporting the motion to quash.

3707.6 The Director may quash or modify the subpoena upon a showing of good cause.

3707.7 Upon written notice, the Director may, in any proceeding or investigation, order testimony to be taken by deposition, under oath, before any person who is designated by the Director.

3707.8 A deposition may be scheduled at a time and place convenient to the parties.

3707.9 A respondent or witness may be represented by counsel at a deposition.

3707.10 A transcript of a deposition may be requested and furnished at reasonable cost to the requestor.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3707

3 DCMR § 3708 SERVICE OF SUBPOENAS AND NOTICE OF DEPOSITION

3708.1 A subpoena or a notice of a deposition shall be served upon a person by delivering a copy of the subpoena or notice to the named person, pursuant to this section.

3708.2 If a person is represented by counsel in a proceeding, a subpoena or a notice may be served upon counsel.

3708.3 Service of a subpoena or a notice of deposition and fees to an individual may be made by any of the following means:

(a) Handing the subpoena or notice to the person;

(b) Leaving the subpoena or notice at the person’s office with the person in charge of the office;

(c) Leaving the subpoena or notice at the person’s dwelling place or usual place of abode with some person of suitable age and discretion residing in that dwelling place or abode;

(d) Mailing the subpoena or notice by registered or certified mail to the person at the person’s last known address with return receipt requested; or

(e) Any other method whereby actual notice is given to the person.

3708.4 When the person to be served is not an individual, a copy of the subpoena or notice of the deposition and fees shall be delivered by one (1) of the following means:

(a) Handing the subpoena or notice to a bona fide registered agent;

(b) Handing the subpoena or notice to any office, director, or agent in charge of any office of that entity;

(c) Mailing the subpoena or notice by registered or certified mail to a representative or agent of the entity at his or her last known address with return receipt requested; or

(d) Any method whereby actual notice is given to an agent or representative of the entity.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3708

3 DCMR § 3709 INFORMAL HEARING FOR ALLEGED VIOLATIONS OF REPORTING AND DISCLOSURE REQUIREMENTS

3709.1 The Director may institute or conduct an informal hearing, including an order to show cause, on alleged violations of the reporting and disclosure requirements, prescribed by the Act and Chapters 30-42 of this title.

3709.2 The reporting and disclosure requirements shall apply to the following documents:

Statement of Acceptance of Position of Chairperson;

Statement of Acceptance of Position of Treasurer;

Identification of Campaign Literature;

Notification of Non-Support;

Report of Exemption for a Candidate Spending Less Than $500;

Report of Receipts and Expenditures;

Request for Candidate Waiver;

Request for Additional Information;

Statement of Candidacy;

Statement of Candidate Withdrawal;

Statement of Committee Termination;

Statement of Information;

Statement of Organization;

Summary Financial Statement for Advisory Neighborhood Commission (ANC);

Verified Statement of Contribution Report;

Withdrawal of Chairperson;

Withdrawal of Treasurer;

24-Hour Report of Receipts for Candidates and Committees;

Schedule of Bundled Contributions;

14-Day Report of Independent Expenditures by Individuals;

Certification of Attendance at In-Person Training for Candidate and Treasurer;

Designation of Campaign Depository;

Affidavit of Business Contributor;

Fair Elections Program Report of Receipts and Expenditures;

Fair Elections Program Statement of Registration;

Fair Elections Program Affidavit of Candidate and Treasurer;

Fair Elections Program Receipt and Affirmation Statement for Contributor; and

Fair Elections Program Request to Rescind Certification.

3709.3 Notice of an informal hearing shall be issued in writing at least ten (10) days prior to the hearing; provided that the ten (10) day period may be waived for good cause shown as long as the party is given a sufficient opportunity to prepare for the hearing.

3709.4 In the notice, an alleged violator of the reporting requirements shall be informed of:

(a) The nature of the alleged violation;

(b) The authority on which the hearing is based;

(d) The right to be represented by legal counsel;

(e) The fact that the alleged violator’s failure to appear may be considered an admission of the allegation; and

(f) The fact that service of process shall be by regular mail.

3709.5 The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.

3709.6 The respondent, or his or her counsel, may present the respondent’s case and evidence to the Director.

3709.7 The Director may wait a reasonable period of time for the respondent to appear before beginning the informal hearing.

3709.8 If the respondent fails to appear after a reasonable period of time, the Director shall:

(a) Reschedule the informal hearing;

(b) Issue notice of the rescheduled informal hearing; and

3709.9 If the respondent fails to appear after an informal hearing has been rescheduled under § 3709.8, the Director may proceed with the informal hearing by making a record of the proceeding.

3709.10 Following the conduct of each informal hearing, the Director shall:

Determine whether a violation has occurred; and

Issue a written order with findings of facts and conclusions of law.

3709.11 Any party adversely affected by any order of the Director may obtain review of the order by filing, with the Board of Elections, a request for a hearing de novo.

3709.12 The request for a hearing de novo pursuant to § 3709.12 shall be filed:

(a) Within fifteen (15) days from the issuance by the Director of an order; and

(b) In accordance with Chapter 4 of this title.

3709.13 Within five (5) days after receipt of an order of the Director where a fine has been imposed, a respondent may file a Motion for Reconsideration to address issues considered mitigating that were not presented during the hearing.

3709.14 The Motion shall not address issues that were not the subject of the alleged violation for which the penalty was assessed.

3709.15 The Director shall respond to the Motion within five (5) days after its receipt by issuing a new order which either:

Modifies or vacates the original order, providing clearly articulated reasons; or

Denies the Motion and affirms the original order, providing clearly articulated reasons.

3709.16 The filing of the Motion shall toll the appeal period for requesting a hearing de novo before the Board of Elections, or the payment of the fine.

3709.17 The appeal period shall be recalculated from the date of issuance of the subsequent order of the Director in the matter, if appropriate.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3208-10 (May 22, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2187 (March 24, 2000); as amended by Final Rulemaking published at 57 DCR 2272, 2274 (March 19, 2010), as corrected by Errata Notice published at 57 DCR 5737 (July 2, 2010); as amended by Final Rulemaking published at 58 DCR 10612, 10613 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3709

3 DCMR § 3710 CEASE AND DESIST ORDERS BASED ON VIOLATIONS

3710.1 Upon a determination that a violation has occurred, the Director may issue an order to the offending party to cease and desist the violation within the five (5) day period immediately following the issuance of the order.

3710.2 A cease and desist order shall contain the specific violation which occurred, and shall be delivered to the offending party personally or by certified mail.

3710.3 Should the offending party or parties fail to comply with the order, the Director shall present evidence of such noncompliance to the Board in an adversarial and open hearing, pursuant to Chapter 4 of this title.

3710.4 After the hearing under § 3710.3, the Board may either dismiss the action, or refer the matter to the United States Attorney for the District of Columbia pursuant to Section 302(c) of the Act.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3210-11 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3222 (April 21, 2006); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3710

3 DCMR § 3711 SCHEDULE OF FINES

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;

(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:

Failure to designate a constituent-service program depository: fifty dollars ($50) per day;

Failure to file a Statement of Acceptance of Position of Chairperson: fifty dollars ($50) per day;

Failure to file a Statement of Acceptance of Position of Treasurer: fifty dollars ($50) per day;

Accepting a contribution or making an expenditure while office of treasurer is vacant: fifty dollars ($50) per day;

Failure to file additional information requested by the Director: fifty dollars ($50) per day;

Failure to disclose required information on reports and statements: fifty dollars ($50) per day;

Accepting a contribution made by one person in the name of another person: four thousand dollars ($4,000);

Making a contribution in the name of another person: four thousand dollars ($4,000);

Accepting a contribution in excess of the constituent-services program contribution limitation: four thousand dollars ($4,000);

Making a contribution in excess of the constituent-services program contribution limitation: four thousand dollars ($4,000);

Conducting campaign activities in the constituent-services program: four thousand dollars ($4,000);

Making an expenditure in excess of expenditure limitations: four thousand dollars ($4,000);

Accepting a contribution in excess of aggregate limitations: four thousand dollars ($4,000);

Failure to maintain records required under § 3400.2: four thousand dollars ($4,000);

Promoting or opposing, as a primary purpose, a political party, committee, candidate, or issue: four thousand dollars ($4,000);

Making any expenditure for the payment of penalties and fines inured to the District of Columbia: four thousand dollars ($4,000);

Making any expenditures of cash from constituent service program funds: four thousand dollars ($4,000);

Making expenditures for sponsorships for political organizations: four thousand dollars ($4,000);

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).

Failure to disclose affiliated entities of a business contributor who have also made contributions to the same committee: one thousand dollars ($1,000); and

Failure to timely liquidate a Bitcoin contribution: fifty dollars ($50) per day.

3711.4 Fines for violations of the regulations and statutory provisions governing the Fair Elections Program shall be imposed, as follows:

Accepting contribution in the form of cash in excess of one hundred dollars ($100): five hundred dollars ($500);

Accepting a contribution in excess of the contribution limitations: four thousand dollars ($4,000);

Accepting any contribution in excess of the aggregate limitations: four thousand dollars ($4,000);

Accepting contributions from prohibited sources: four thousand dollars ($4,000);

Accepting a contribution or making an expenditure while the office of treasurer is vacant: fifty dollars ($50) per day;

Accepting a loan in the form of a contribution in excess of the aggregate limitations: four thousand dollars ($4,000);

Failure to remit remaining funds in the participating candidate’s campaign account for deposit to the Fair Election Fund: four thousand dollars ($4,000);

Failure to designate a principal campaign committee: fifty dollars ($50) per day;

Failure to designate a campaign depository: fifty dollars ($50) per day;

Failure to file a Fair Elections Program Statement of Registration: fifty dollars ($50) per day;

Failure to file a Statement of Organization for Principal Campaign Committee: fifty dollars ($50) per day;

Failure to file a Fair Elections Program Report of Receipts & Expenditures: fifty dollars ($50) per day;

Failure to place identification notice/identity of a sponsor on campaign literature: five hundred dollars ($500);

Failure to return any unexpended base amount payments and/or matching payments to the Fair Elections Program: four thousand dollars ($4,000);

Failure to donate campaign-purchased equipment valued $50 or more: four thousand dollars ($4,000);

Failure to file additional information requested by the Director: fifty dollars ($50) per day;

Failure to disclose/amend required information on reports and statements: fifty dollars ($50) per day;

Failure to file a Statement of Acceptance of Position of Chairperson: fifty dollars ($50) per day;

Failure to file a Statement of Withdrawal of Candidate, Treasurer, or Chairperson: fifty dollars ($50) per day;

Failure to file a Statement of Committee Termination: fifty dollars ($50) per day;

Failure to file a Statement of Acceptance of Position of Treasurer: fifty dollars ($50) per day;

Failure to maintain records required under § 3400.2: four thousand dollars ($4,000);

Failure to attend mandatory in-person training: fifty dollars ($50) per day;

Failure to participate in the debate requirement: four thousand dollars ($4,000)

Failure to comply with the Fair Elections requirements: four thousand dollars ($4,000);

Making a contribution of personal funds in excess of aggregate limitations: four thousand dollars ($4,000);

Making expenditures for any purpose prohibited under § 4209: four thousand dollars ($4,000);

Making a contribution deposit into an account not designated as a campaign depository: four thousand dollars ($4,000);

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);

Using District of Columbia government resources for campaign-related activities: four thousand dollars ($4,000);

Failure to timely file the Fair Elections Program Request to Rescind Certification: fifty dollars ($50) per day;

Failure to donate campaign-purchased equipment in accordance with § 4211.4: four thousand dollars ($4,000); and

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.

History

SOURCE: 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3711

3 DCMR § 3712 PROCEDURES REGARDING EXCESSIVE CONTRIBUTIONS

3712.1 The Director shall determine whether a contribution made to a person was in excess of the aggregate maximum to which the person was entitled.

3712.2 Upon a determination that an excessive contribution has been made, the Director shall, in writing, notify the recipient of the excessive contribution of:

The amount of the excessive contribution;

The requirement that an amount equal to the excess contribution shall be repaid to the contributor; and

The requirement that such repayment shall be accomplished within fifteen (15) days of the notice.

3712.3 Any person required by the Director to repay an excess contribution may apply in writing to the Director for an extension of time in which to repay the excess contribution.

3712.4 The Director may grant an extension for a reasonable amount of additional time for good cause to any person who files an application in accordance with § 3712.3.

3712.5 If the person who has been determined to have received an excessive contribution disputes the Director’s determination, the person shall so advise the Director in writing within seven (7) days upon receipt of the notice issued under § 3712.2.

3712.6 Within ten (10) days after receiving notice of the existence of the dispute pursuant to § 3712.5, the Director shall schedule and conduct an informal hearing in accordance with § 3709.

3712.7 With the exception of § 3712.2, when a candidate seeking certification or participating in the Fair Elections Program 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 limits under § 4205.1, or from prohibited sources, the candidate shall promptly return the excess portion or prohibited contribution, by bank check or certified check made out to the contributor in accordance with §§ 4205.15, 4205.16 and 4207.9.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3213-14 (May 22, 1998); as amended by Final Rulemaking published at 53 DCR 3222, 3243 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 2272, 2280 (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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3712

3 DCMR § 3713 PUBLIC ACCESS TO DOCUMENTS

3713.1 All reports and statements required to be filed with the Director under § 3709.2 shall be public documents.

3713.2 Public documents shall be available for inspection and copying at OCF within forty-eight (48) hours after receipt.

3713.3 Public documents may be received in the OCF without charge.

3713.4 Any person may request copies of documents by making written application to the Director.

3713.5 Copies of documents may be produced at a cost of fifteen cents (15¢) per page in order to recover the direct cost of reproduction.

3713.6 Documents may be copied and inspected each business day, excluding District of Columbia legal holidays, between the hours of 9:00 a.m. and 4:00 p.m.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3713

3 DCMR § 3714 REPORTS AND STATEMENTS UNDER OATH

3714.1 All reports and statements filed pursuant to the Act shall be verified by the oath or affirmation of the person filing such reports or statements in accordance with Chapter 30 of this title.

3714.2 Notwithstanding any other provisions of this title, neither the Director of Campaign Finance, or any of the Director’s officers or employees may require that a document be sworn under oath or affirmed, unless the Director of Campaign Finance maintain at the place of receipt of such documents, and during the regular business days and hours, a notary public to administer such oaths an affirmations.

3714.3 If no such notary public is available, person wishing to file documents for which an oath or affirmation is requested, may in lieu thereof, affirm by their signature on an Affirmation Statement that their statements are true under penalty of D.C. Official Code § 1-1163.35, as prescribed by the Director of Campaign Finance.

History

SOURCE: Final Rulemaking published at 45 DCR 3161 (May 22, 1998); 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); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3714

3-38 LEGAL DEFENSE COMMITTEES

3 DCMR § 3800 LEGAL DEFENSE COMMITTEES, GENERALLY

3800.1 A legal defense committee is a person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds to defray the professional fees and costs for a public official’s legal defense to one or more civil, criminal, or administrative proceeding arising directly out of the conduct of a campaign, the election process, or the performance of the public official’s governmental activities and duties.

3800.2 One legal defense committee and one legal defense checking account may be established and maintained for the purpose set forth in § 3800.1.

3800.3 No committee, fund, entity, or trust may be established to defray professional fees and costs except pursuant to this chapter.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3800

3 DCMR § 3801 ORGANIZATION OF LEGAL DEFENSE COMMITTEES

3801.1 A legal defense committee shall be deemed "organized" when any person, or group of persons, formally agree, orally or in writing, to solicit, accept, or expend funds to defray the professional fees and costs for a public official’s legal defense to one or more civil, criminal, or administrative proceedings.

3801.2 Each legal defense 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.

3801.3 A legal defense committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

3801.4 If a legal defense 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).

3801.5 A legal defense committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 3801.2.

3801.6 No person may simultaneously serve as the chairperson and treasurer of a legal defense committee.

3801.7 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.

3801.8 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.

3801.9 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.

3801.10 A treasurer shall be required to participate in the Office of Campaign Finance to training program in person or online, pursuant to § 3001 of Chapter 30 within fifteen (15) calendar days of submitting the Statement of Acceptance of Treasurer form in accordance with § 3801.9, or as otherwise scheduled by OCF.

3801.11 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.

3801.12 When either the office of chairperson or treasurer is vacant, the legal defense committee shall:

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.

3801.13 The treasurer of a legal defense committee shall obtain and preserve receipted bills and records in accordance with Chapter 34 of this title.

3801.14 A legal defense 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.

3801.15 Each expenditure made for, or on behalf of, a legal defense committee shall be authorized by either:

(a) The chairperson;

The treasurer; or

Their designated agent, as listed on the Statement of Organization filed under § 3801.3.

3801.16 No expenditures may be made by a legal defense 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 legal defense committee as its depository in its Statement of Organization.

3801.17 A detailed account of each contribution of fifty dollars ($50) or more for or on behalf of a legal defense committee shall be submitted to the treasurer of such committee within five (5) days of the receipt of the contribution upon the treasurer’s demand.

3801.18 The detailed account submitted pursuant to § 3801.17 shall include:

The amount of the contribution or expenditure;

The name and address (including the occupation, employer and principal place of business, if any) of the contributor or the person (including a business entity) to whom the expenditure was made;

The date of the contribution; and

In the case of an expenditure, the office sought by the candidate on whose behalf the expenditure was made, if applicable.

3801.19 All funds of a legal defense committee shall be segregated from, and may not be commingled with, any campaign funds, or anyone’s personal funds.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3801

3 DCMR § 3802 FILING AND REPORTING REQUIREMENTS

3802.1 The treasurer of each legal defense committee shall electronically file Reports of Receipts and Expenditures (R&E Reports), in accordance with §§ 3006 and 3008 of Chapter 30, on forms prescribed by the Director, within thirty (30) days after the committee’s organization and every thirty (30) days thereafter until dissolution.

3802.2 The treasurer (or, if the treasurer is unavailable, the designated agent as listed on the Statement of Organization filed under § 3801.2) shall electronically verify with respect to each R&E Report by oath or affirmation, subject to penalties of perjury, that reasonable due diligence was exercised in the preparation of the report, and that the report is true and complete to the best of the filer’s knowledge.

3802.3 R&E Reports must disclose:

The amount of cash on hand at the beginning of the reporting period;

The full name and mailing address, including occupation and principal place of business, if any, of each person, including a business contributor, who has made one or more contributions to or for the committee within the calendar year in an aggregate amount or value in excess of fifty dollars ($50) or more, together with the amount and date of the contributions;

The name and address of each affiliated entity of a business contributor which has also made a contribution to the committee;

The name, address, and employer of each person reasonably known by the committee to have submitted a bundled contribution in excess of two thousand dollars ($2,000) to the committee during the reporting period, and the total amount of the bundling;

The total sum of individual contributions made to or for the committee during the reporting period that is not reported under § 3802.2(b);

Each loan to or from any person within the calendar year in an aggregate amount or value of fifty ($50) or more, together with the full names and mailing addresses (including the occupation and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of the loans;

The total sum of all receipts by or for the committee during the reporting period;

The full name and mailing address, including the occupation, employer and the principal place of business, if any, of each person to whom expenditures have been made by or on behalf of the committee within the calendar year in an aggregate amount or value of ten dollars ($10) or more;

The total sum of expenditures made by the committee during the calendar year;

The amount and nature of debts and obligations owed by or to the committee, in a form as the Director of Campaign Finance may prescribe; and

Other information as may be required by the Director of Campaign Finance.

3802.4 R&E Reports must be complete no later than five (5) days before the prescribed filing deadline.

3802.5 The treasurer of a legal defense fund, and each beneficiary of such a fund, shall keep a detailed and exact account of:

Each contribution made by any person, including a business contributor, to or for the legal defense committee;

The full name and address (including the occupation, employer and principal place of business, if any) of each person, including a business contributor, that made a contribution of at least fifty dollars ($50) or more, and the date and amount of such contribution;

The name and address of any affiliated entity of each business contributor which made a contribution to the committee, and the date and the amount of the contribution;

Each expenditure made by or on behalf of the legal defense committee; and

The full name and address (including the occupation and principal place of business, if any) of each person to whom an expenditure was made, and the name, address, and the office held or sought, or the position held, by the public official, whichever is applicable.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 64 DCR 10306 (October 13, 2017); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3802

3 DCMR § 3803 LEGAL DEFENSE COMMITTEE CONTRIBUTION LIMITATIONS

3803.1 Contributions in support of a legal defense committee shall be received or made in accordance with § 3011 of Chapter 30 of this title, except that no person, including a business contributor, shall make any contribution to or for a legal defense committee which, when aggregated with all other contributions received from such person, exceeds two thousand dollars ($2,000) in an aggregate amount.

3803.2 Notwithstanding § 3803.1, the legal defense committee contribution limitations shall not apply to contributions made by the public official for the purpose of funding his or her own legal defense committee within the District of Columbia.

3803.3 A legal defense committee shall not accept a contribution from a lobbyist or a person acting on behalf of a lobbyist or registrant.

3803.4 A lobbyist or registrant or a person acting on behalf of a lobbyist or registrant shall be prohibited from making a contribution to a legal defense committee.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3803

3 DCMR § 3804 LIMITATIONS ON THE USE OF LEGAL DEFENSE COMMITTEE FUNDS

3804.1 The legal defense committee shall be prohibited from expending monies from the Legal Defense Fund for the following purposes:

(a) Expenses for fundraising, media, political consulting fees, mass mailing, or other advertising;

(b) Payment or reimbursement for a fine, penalty, judgment, or settlement; or

3804.2 Legal defense funds shall be used solely for the purpose of defraying attorney fees and other related legal costs associated with a public official’s legal defense to one or more civil, criminal, or administrative proceedings.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3804

3 DCMR § 3805 USE OF SURPLUS FUNDS

3805.1 Any remaining funds of a legal defense committee shall be transferred only to either:

(a) A non-profit organization within the meaning of Section 501(c) of the Internal Revenue Code operating in good standing in the District of Columbia for a minimum of one calendar year prior to the date of any transfer; or

(b) A Constituent Service Program.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3805

3 DCMR § 3806 PENALTIES

3806.1 Penalties for any violation of this chapter shall be imposed pursuant to § 3711.2 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3806

3-39 CAMPAIGN FINANCE OPERATIONS: INAUGURAL COMMITTEES

3 DCMR § 3900 INAUGURAL COMMITTEES, GENERALLY

3900.1 An inaugural committee is a person, or group of persons, organized for the purpose of soliciting, accepting, and spending funds and coordinating activities to celebrate the election of a new Mayor.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3900

3 DCMR § 3901 ORGANIZATION OF INAUGURAL COMMITTEES

3901.1 An inaugural committee shall be deemed "organized" when any person, or group of persons, formally agree, orally or in writing, to solicit, accept, and spend funds and coordinate activities to celebrate the election of a new Mayor.

3901.2 Each inaugural 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.

3901.3 An inaugural committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

3901.4 If an inaugural 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).

3901.5 An inaugural committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 3901.2.

3901.6 No person may simultaneously serve as the chairperson and treasurer of an inaugural committee.

3901.7 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.

3901.8 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.

3901.9 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.

3901.10 A treasurer shall be required to participate in the Office of Campaign Finance training program in person or online, pursuant to § 3001 of Chapter 30 within fifteen (15) calendar days of submitting the Statement of Acceptance of Treasurer form in accordance with § 3901.9, or as otherwise scheduled by OCF.

3901.11 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.

3901.12 When either the office of chairperson or treasurer is vacant, the inaugural committee shall:

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.

3901.13 The treasurer of an inaugural committee shall obtain and preserve receipted bills and records in accordance with § 3400.2 of Chapter 34 of this title.

3901.14 An inaugural 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.

3901.15 Each expenditure made for, or on behalf of, an inaugural committee shall be authorized by either:

(a) The chairperson;

The treasurer; or

Their designated agent, as listed on the Statement of Organization filed under § 3901.2.

3901.16 No expenditures may be made by an inaugural 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 inaugural committee as its depository in its Statement of Organization.

3901.17 A detailed account of each contribution or expenditure of fifty dollars ($50) or more for or on behalf of an inaugural 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.

3901.18 The detailed account submitted pursuant to § 3901.16 shall include:

The amount of the contribution or expenditure;

The name and address (including the occupation and principal place of business, if any) of the contributor or the person (including a business entity) to whom the expenditure was made;

The date of the contribution; and

In the case of an expenditure, the office sought by the candidate on whose behalf the expenditure was made, if applicable.

3901.19 All funds of an inaugural committee shall be segregated from, and may not be commingled with, any campaign funds, or anyone’s personal funds.

3901.20 Each inaugural committee accepting contributions or making expenditures shall:

Designate one or more national banks located in the District of Columbia as the committee’s depository or depositories;

Maintain a checking account or accounts at such depository or depositories; and

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3901

3 DCMR § 3902 FILING AND REPORTING REQUIREMENTS

3902.1 The treasurer of each inaugural committee shall electronically file Reports of Receipts and Expenditures (R&E Report), in accordance with §§ 3006 and 3008 of Chapter 30, on forms prescribed by the Director on the following dates:

The tenth (10th) day of March, June, August, October, and December in the seven (7) months preceding the date on which, and in each year during which, an election is held for the office sought, and on the eighth (8th) day next preceding the date on which said election is held, and also by the thirty-first (31st) day of January of each year. In addition, the reports shall be filed on the thirty-first (31st) day of July of each year in which there is no election.

The reports shall be complete as of the date prescribed by the Director, which shall not be more than five (5) days before the date of filing, except that any contribution of two hundred dollars ($200) or more received after the closing date prescribed by the Director for the last report required to be filed before the election shall be reported within twenty-four (24) hours after its receipt.

3902.2 The treasurer (or, if the treasurer is unavailable, the designated agent as listed on the Statement of Organization filed under § 3901.2) shall electronically verify with respect to each R&E Report by oath or affirmation, subject to penalties of perjury, that reasonable due diligence was exercised in the preparation of the report, and that the report is true and complete to the best of the filer’s knowledge.

3902.3 R&E reports required by this section must be filed in accordance with § 3017 of Chapter 30 of this title.

3902.4 R&E Reports must disclose:

The amount of cash on hand at the beginning of the reporting period;

The full name and mailing address, including occupation and principal place of business, if any, of each person, including a business contributor, who has made one or more contributions to or for the inaugural committee, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, within the calendar year in an aggregate amount or value in excess of fifty dollars ($50) or more, together with the amount and date of the contributions;

The name and address of each affiliated entity of a business contributor which has also made a contribution to the committee;

The name, address, and employer of each person reasonably known by the committee to have bundled and forwarded two (2) or more contributions in excess of four thousand dollars ($4,000) during the reporting period to the committee without actual authority as an agent or principal of the committee, and the total of the bundling;

The total sum of individual contributions made to or for the inaugural committee during the reporting period;

Each loan to or from any person within the calendar year in an aggregate amount or value of fifty dollars ($50) or more, together with the full names and mailing addresses (including the occupation and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of the loans;

The net amount of proceeds from:

The sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by the inaugural committee;

Collections made at events; and

Sales by the inaugural committee of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;

(h) Each contribution, rebate, refund, or other receipt of fifty dollars ($50) or more not otherwise listed under paragraphs (b) through (e) of this subsection;

(i) The total sum of all receipts by or for the inaugural committee during the reporting period;

(j) The full name and mailing address, including the occupation and the principal place of business, if any, of each person to whom expenditures have been made by or on behalf of the committee within the calendar year in an aggregate amount or value of ten dollars ($10) or more;

(k) The amount, date, and purpose of each expenditure;

(l) The total sum of expenditures made by the inaugural committee during the calendar year;

(m) The amount and nature of debts and obligations owed by or to the inaugural committee, listed in such form as the Director of Campaign Finance may prescribe; and

(n) Other information as may be required by the Director of Campaign Finance.

3902.5 R&E Reports must be complete within five (5) days before the prescribed filing deadline.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3902

3 DCMR § 3903 PETTY CASH FUNDS

3903.1 An inaugural committee may maintain a Petty Cash Fund that shall not exceed three hundred dollars ($300) at any time.

3903.2 All records and transactions shall be recorded in a petty cash journal maintained and authorized by either:

(a) The chairperson;

(b) The treasurer; or

3903.3 Petty cash funds shall be administered in the following manner:

(a) Cash shall only be received by check drawn on the account of the inaugural committee;

(b) Cash expenditures shall not exceed fifty dollars ($50) to any person in connection with a single purchase or transaction; and

3903.4 For each deposit to the petty cash fund, the amount and date shall be recorded in the petty cash journal.

3903.5 For each disbursement, the petty cash journal shall include:

(a) The name and address of each recipient;

(b) The date of the disbursement;

(d) The purpose of the disbursement; and

(e) The candidate’s name and the office sought, or the name of the inaugural committee for which the disbursement is made.

3903.6 All receipts, vouchers, petty cash journals, and other documentation shall be retained by the inaugural committee for a period of three (3) years from the date of the filing of the final R&E Report by the inaugural committee.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3903

3 DCMR § 3904 INAUGURAL COMMITTEE CONTRIBUTION LIMITATIONS

3904.1 Contributions in support of an inaugural committee shall be received or made in accordance with § 3011 of Chapter 30 of this title, except that no person, including a business contributor, shall make any contribution to an inaugural committee, and the Mayor shall not receive any contribution from any person, including a business contributor, which, when aggregated with all other contributions received from such person, exceeds four thousand dollars ($4,000) in an aggregate amount.

3904.2 Notwithstanding § 3904.1, the four thousand dollar ($4,000) inaugural committee contribution limitation shall not apply to contributions made by the Mayor-elect for the purpose of funding his or her own inaugural committee.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3904

3 DCMR § 3905 LIMITATIONS ON THE USE OF INAUGURAL COMMITTEE FUNDS

3905.1 Inaugural committee funds shall be used solely for the purpose of financing activities to celebrate the election of a new Mayor.

3905.2 The provisions of § 3013 of Chapter 30 of this title, concerning impermissible uses of campaign funds, shall apply to inaugural committees unless the expenditures stated therein are solely related to activities to celebrate the election of a new Mayor.

3905.3 No person, including a business contributor, shall make or facilitate the making of a bundled contribution directly or indirectly to an inaugural committee.

3905.4 No inaugural committee shall accept, directly or indirectly, a bundled contribution.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3905

3 DCMR § 3906 DURATION OF INAUGURAL COMMITTEES

3906.1 An inaugural committee shall terminate no later than six (6) months after the beginning of the term of the new Mayor.

3906.2 An inaugural committee may accept contributions necessary to retire the debts of the committee for six (6) months after the beginning of the term of the new Mayor, after which the Mayor shall be personally liable for any remaining debts; provided, that personal liability shall not attach until the Office of Campaign Finance is no longer auditing the inaugural committee.

3906.3 The Mayor shall not fundraise to retire the proper debts of his or her inaugural committee, for which he or she is not personally liable, after six (6) months after the beginning of his or her term.

3906.4 When terminating, inaugural committees shall adhere to the applicable provisions under § 3016 of Chapter 30 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3906

3 DCMR § 3907 USE OF SURPLUS FUNDS

3907.1 Any remaining funds of an inaugural committee shall be transferred only to either:

(b) A constituent-service program.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3907

3 DCMR § 3908 PENALTIES

3908.1 Penalties for any violation of this chapter shall be imposed pursuant to § 3711.2 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 3908

3-40 CAMPAIGN FINANCE OPERATIONS: TRANSITION COMMITTEES

3 DCMR § 4000 TRANSITION COMMITTEES, GENERALLY

4000.1 A transition committee is a person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds for office and personnel transition on behalf of the Chairman of the Council or the Mayor.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4000

3 DCMR § 4001 ORGANIZATION OF TRANSITION COMMITTEES

4001.1 A transition committee shall be deemed "organized" when any person, or group of persons, formally agree, orally or in writing, to solicit, accept, or expend funds for office and personnel transition on behalf of the Chairman of the Council or the Mayor.

4001.2 No transition committee may be organized if an appropriation pursuant to Section 446 of the Home Rule Act has been made for transition purposes.

4001.3 Each transition 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.

4001.4 A transition committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

4001.5 If a transition 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).

4001.6 A transition committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 4001.3.

4001.7 No person may simultaneously serve as the chairperson and treasurer of a transition committee.

4001.8 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.

4001.9 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.

4001.10 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.

4001.11 A treasurer shall be required to participate in the Office of Campaign Finance training program in person or online, pursuant to § 3001 of Chapter 30 within fifteen (15) calendar days of submitting the Statement of Acceptance of Treasurer form in accordance with § 4001.10, or as otherwise scheduled by OCF.

4001.12 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.

4001.13 When either the office of chairperson or treasurer is vacant, the transition committee shall:

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.

4001.14 The treasurer of a transition committee shall obtain and preserve receipted bills and records in accordance with § 3400.2 of Chapter 34 of this title.

4001.15 A transition 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.

4001.16 Each expenditure made for, or on behalf of, a transition committee shall be authorized by either:

(a) The chairperson;

The treasurer; or

Their designated agent, as listed on the Statement of Organization filed under § 4001.3.

4001.17 No expenditures may be made by a transition 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 transition committee as its depository in its Statement of Organization.

4001.18 A detailed account of each contribution or expenditure of fifty dollars ($50) or more for or on behalf of a transition 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.

The detailed account submitted pursuant to § 4001.18 shall include:

The amount of the contribution or expenditure;

The name and address (including the occupation and principal place of business, if any) of the contributor or the person (including a business entity) to whom the expenditure was made;

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.

All funds of a transition committee shall be segregated from, and may not be commingled with, any campaign funds, or anyone’s personal funds.

4001.21 Each transition committee accepting contributions or making expenditures shall:

Designate one or more national banks located in the District of Columbia as the committee’s depository or depositories;

Maintain a checking account or accounts at such depository or depositories; and

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015) ; as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4001

3 DCMR § 4002 FILING AND REPORTING REQUIREMENTS

4002.1 The treasurer of each transition committee shall electronically file Reports of Receipts and Expenditures (R&E Reports), in accordance with §§ 3006 and 3008 of Chapter 30, on forms prescribed by the Director, on the following dates:

4002.2 The treasurer (or, if the treasurer is unavailable, the designated agent as listed on the Statement of Organization filed under § 4001.3) shall electronically verify with respect to each R&E Report by oath or affirmation, subject to penalties of perjury, that reasonable due diligence was exercised in the preparation of the report, and that the report is true and complete to the best of the filer’s knowledge.

4002.3 R&E reports required by this section must be filed in accordance with § 3017.

4002.4 R&E Reports must disclose:

The amount of cash on hand at the beginning of the reporting period;

The full name and mailing address, including occupation and principal place of business, if any, of each person, including a business contributor, who has made one or more contributions to or for the transition committee, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, within the calendar year in an aggregate amount or value in excess of fifty dollars ($50) or more, together with the amount and date of the contributions;

The name and address of each affiliated entity of a business contributor which has also made a contribution to the committee;

The name, address, and employer of each person reasonably known by the committee to have submitted a bundled contribution in excess of $10,000 during the reporting period to the committee, and the total amount of the bundling;

The total sum of individual contributions made to or for the transition committee during the reporting period;

The net amount of proceeds from:

The sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by the transition committee;

Collections made at events; and

Sales by a transition committee of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;

(h) Each contribution, rebate, refund, or other receipt of fifty dollars ($50) or more not otherwise listed under paragraphs (b) through (e) of this subsection;

(i) The total sum of all receipts by or for the transition committee during the reporting period;

(j) The full name and mailing address, including the occupation and the principal place of business, if any, of each person to whom expenditures have been made by or on behalf of the transition committee within the calendar year in an aggregate amount or value of ten dollars ($10) or more;

(k) The amount, date, and purpose of each expenditure;

(l) The total sum of expenditures made by the transition committee during the calendar year;

(m) The amount and nature of debts and obligations owed by or to the committee, listed in such form as the Director of Campaign Finance may prescribe; and

(n) Other information as may be required by the Director of Campaign Finance.

4002.5 R&E Reports must be complete within five (5) days before the prescribed filing deadline.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4002

3 DCMR § 4003 PETTY CASH FUNDS

4003.1 A transition committee may maintain a Petty Cash Fund that shall not exceed three hundred dollars ($300) at any time.

4003.2 All records and transactions shall be recorded in a petty cash journal maintained and authorized by either:

(a) The chairperson;

(b) The treasurer; or

4003.3 Petty cash funds shall be administered in the following manner:

(a) Cash shall only be received by check drawn on the account of the transition committee;

(b) Cash expenditures shall not exceed fifty dollars ($50) to any person in connection with a single purchase or transaction; and

4003.4 For each deposit to the petty cash fund, the amount and date shall be recorded in the petty cash journal.

4003.5 For each disbursement, the petty cash journal shall include:

(a) The name and address of each recipient;

(b) The date of the disbursement;

(d) The purpose of the disbursement; and

(e) The candidate’s name and the office sought, or the name of the transition committee for which the disbursement is made.

4003.6 All receipts, vouchers, petty cash journals, and other documentation shall be retained by the transition committee for a period of three (3) years from the date of the filing of the final R&E Report by the transition committee.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4003

3 DCMR § 4004 TRANSITION COMMITTEE CONTRIBUTION LIMITATIONS

4004.1 Contributions in support of a transition committee shall be received or made in accordance with § 3011 of Chapter 30 of this title, except that:

No person, including a business contributor, shall make any contribution to a Mayoral transition committee, and the Mayor shall not receive any contribution from any person which, when aggregated with all other contributions received from such person, exceeds two thousand dollars ($2,000) in an aggregate amount; and

No person, including a business contributor, may make any contribution to or for a transition committee, and the Chairman of the Council or Chairman-elect, or Attorney General or Attorney General-elect, may not receive any contribution to or for a transition committee from any person, that when aggregated with all other contributions to the transition committee received from the person, exceed one thousand five hundred dollars ($1,500), in aggregate; provided, that the $1,500 limitation shall not apply to contributions made by the Chairman of the Council or Chairman-elect, or the Attorney General or Attorney General-elect, for the purpose of funding his or her own transition committee within the District.

4004.2 Notwithstanding § 4004.1, the transition committee contribution limitations shall not apply to contributions made by the Mayor or the Chairman of the Council for the purpose of funding their respective transition committees within the District of Columbia.

4004.3 No person, including a business contributor, shall make or facilitate the making of a bundled contribution directly or indirectly to a Mayoral or Council Chairman transition committee.

4004.4 No transition committee shall accept, directly or indirectly, a bundled contribution.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4004

3 DCMR § 4005 LIMITATIONS ON THE USE OF TRANSITION COMMITTEE FUNDS

4005.1 Transition committee funds shall be used solely for the purpose of facilitating the office and personnel transition on behalf of either the Chairman of the Council, or the Mayor.

4005.2 The provisions of § 3013 of Chapter 30 of this title, concerning impermissible uses of campaign funds, shall apply to transition committees, unless the expenditures stated therein are solely related to activities necessary to facilitate the office and personnel transition on behalf of the newly elected official.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4005

3 DCMR § 4006 DURATION OF TRANSITION COMMITTEES

4006.1 A transition committee shall terminate no later than six (6) months after the beginning of the term of the new Mayor, Chairman of the Council, or Attorney General.

4006.2 A transition committee may continue to accept contributions necessary to retire the debts of the committee for six (6) months after the beginning of the new term, after which the Mayor, Chairman or the Council, or Attorney General shall be personally liable for any remaining debts of their respective committee; provided, that personal liability shall not attach until the Campaign Finance Board is no longer auditing the respective transition committee.

4006.3 The Mayor, Chairman, or Attorney General shall not fundraise to retire the proper debts of his or her respective transition committee, for which he or she is now personally liable, after six (6) months after the beginning of her or her new term.

4006.4 When terminating, transition committees shall adhere to the applicable provisions under § 3016 of Chapter 30 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4006

3 DCMR § 4007 USE OF SURPLUS FUNDS

4007.1 Any remaining funds of a transition committee shall be transferred only to either:

(a) A non-profit organization within the meaning of Section 501(c) of the Internal Revenue Code operating in good standing in the District of Columbia for a minimum of one (1) calendar year prior to the date of any transfer; or

(b) A Constituent Service Program.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4007

3 DCMR § 4008 PENALTIES

4008.1 Penalties for any violation of this chapter shall be imposed pursuant to § 3711.2 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4008

3-41 CAMPAIGN FINANCE OPERATIONS: EXPLORATORY COMMITTEES

3 DCMR § 4100 EXPLORATORY COMMITTEES, GENERALLY

4100.1 An exploratory committee is a person, or group of persons, organized for the purpose of examining or exploring, with the consent of the prospective candidate, the feasibility of a qualified individual becoming a candidate for a public office in the District of Columbia.

4100.2 An exploratory committee may include, but not be limited to, the following:

(a) Draft Committees; and

(b) “Testing the Waters” Committees.

4100.3 Each exploratory committee shall include in its name the name of the prospective candidate and the office sought.

4100.4 Exploratory committee activity to determine whether an individual should become a candidate may include, but not be limited to, the following:

(a) Public opinion polling;

(b) Travel;

(d) Media expenses;

(e) Office space; and

(f) Administrative costs.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4100

3 DCMR § 4101 DESIGNATION OF AN EXPLORATORY COMMITTEE AS A PRINCIPAL CAMPAIGN COMMITTEE

4101.1 In the event that an individual on whose behalf an exploratory committee was organized becomes a candidate, the exploratory committee may be designated as a candidate’s principal campaign committee, pursuant to § 3005 of Chapter 30 of this title.

4101.2 If an exploratory committee is designated as a principal campaign committee:

The exploratory committee shall be named as a “Connected Organization or Affiliated Committee”, under § 3000.7 in the Statement of Organization filed pursuant to § 3000.9 by the designated principal campaign committee;

All funds previously raised and spent by the exploratory committee shall be reported as contributions and expenditures, pursuant to § 3008 of Chapter 30 of this title;

The exploratory committee shall account for all financial transactions including, but not limited to, contributions, expenditures, and loans, retroactive to the formation of the exploratory committee as defined in Chapter 99 of this title; and

The exploratory committee shall:

Determine whether persons making contributions previously received by or on behalf of the candidate or by the principal campaign committee before designation may have exceeded the relevant limits, pursuant to § 3011 of Chapter 30 of this title; and

Refund any contributions to donors who may have exceeded the contribution limitations by no later than thirty (30) days after such determination is made.

4101.3 To ascertain individual donor compliance with the contribution limitations, contributions to an exploratory committee, or to a pre-designated principal campaign committee, shall be attributed in aggregate by donor name.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 64 DCR 10306 (October 13, 2017). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4101

3 DCMR § 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 a public 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 participate in the Office of Campaign Finance training program in person or online, 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:

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;

The treasurer; or

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.

The detailed account submitted pursuant to § 4102.16 shall include:

The amount of the contribution or expenditure;

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;

The date of the contribution; and

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:

Designate one or more national banks located in the District of Columbia as the committee’s depository or depositories;

Maintain a checking account or accounts at such depository or depositories; and

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4102

3 DCMR § 4103 FILING AND REPORTING REQUIREMENTS

4103.1 The treasurer of each exploratory committee must file Reports of Receipts and Expenditures (R&E Reports) on forms prescribed by the Director on the following dates:

The 10th day of March, June, August, October, and December in the 7 months preceding the date on which, and in each year during which, an election is held for the office sought, and on the 8th day next preceding the date on which said election is held, and also by the 31st day of January of each year. In addition, the reports shall be filed on the 31st day of July of each year in which there is no election.

The reports shall be complete as of the date prescribed by the Director, which shall not be more than 5 days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director for the last report required to be filed before the election shall be reported within 24 hours after its receipt.

4103.2 The treasurer (or, if the treasurer is unavailable, the designated agent as listed on the Statement of Organization filed under § 4102.2) shall electronically verify with respect to each R&E Report by oath or affirmation, subject to penalties of perjury, that reasonable due diligence was exercised in the preparation of the report, and that the report is true and complete to the best of the filer’s knowledge.

4103.3 R&E reports required by this section must be filed in accordance with § 3017 of Chapter 30 of this title.

4103.4 R&E Reports must disclose:

The amount of cash on hand at the beginning of the reporting period;

The full name and mailing address, including occupation and principal place of business, if any, of each person who has made one or more contributions to or for the exploratory committee, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, within the calendar year in an aggregate amount or value in excess of fifty dollars ($50) or more, together with the amount and date of the contributions;

The name and address of any affiliated entity of each business contributor which made a contribution to the committee;

The total sum of individual contributions made to or for the exploratory committee during the reporting period;

The net amount of proceeds from:

The sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by the exploratory committee;

Collections made at events; and

Sales by an exploratory committee of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;

(g) Each contribution, rebate, refund, or other receipt of fifty dollars ($50) or more not otherwise listed under paragraphs (b) through (e) of this subsection;

(h) The total sum of all receipts by or for the exploratory committee during the reporting period;

(i) The full name and mailing address, including the occupation and the principal place of business, if any, of each person to whom expenditures have been made by or on behalf of the exploratory committee within the calendar year in an aggregate amount or value of ten dollars ($10) or more;

(j) The amount, date, and purpose of each expenditure;

(k) The total sum of expenditures made by the exploratory committee during the calendar year;

(l) The amount and nature of debts and obligations owed by or to the exploratory committee, listed in such form as the Director of Campaign Finance may prescribe; and

(m) Other information as may be required by the Director of Campaign Finance.

4103.5 R&E Reports must be complete within five (5) days before the prescribed filing deadline.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4103

3 DCMR § 4104 PETTY CASH FUNDS

4104.1 An exploratory committee may maintain a Petty Cash Fund, which shall not exceed three hundred dollars ($300) at any time.

4104.2 All records and transactions shall be recorded in a petty cash journal maintained and authorized by either:

(a) The chairperson;

(b) The treasurer; or

4104.3 Petty cash funds shall be administered in the following manner:

(a) Cash shall only be received by check drawn on the account of the exploratory committee;

(b) Cash expenditures shall not exceed fifty dollars ($50) to any person in connection with a single purchase or transaction; and

4104.4 For each deposit to the petty cash fund, the amount and date shall be recorded in the petty cash journal.

4104.5 For each disbursement, the petty cash journal shall include:

(a) The name and address of each recipient;

(b) The date of the disbursement;

(d) The purpose of the disbursement; and

(e) The candidate’s name and the office sought, or the name of the exploratory committee for which the disbursement is made.

4104.6 All receipts, vouchers, petty cash journals, and other documentation shall be retained by the exploratory committee for a period of three (3) years from the date of the filing of the final R&E Report by the exploratory committee.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4104

3 DCMR § 4105 EXPLORATORY COMMITTEE CONTRIBUTION LIMITATIONS

4105.1 Contributions in support of an exploratory committee shall be received or made in accordance with § 3009 of Chapter 30 of this title, except that individual and aggregate contributions shall be limited for the following exploratory committees to the amounts specified:

(a) Mayor - $2,000 individual, and $200,000 aggregate;

(b) Chairman of the Council - $1,500 individual, and $150,000 aggregate;

(d) Ward Member of the Council or At-large Member of the State Board of Education - $500 individual, and $50,000 aggregate; and

(e) Member of the State Board of Education - $200 individual, and $20,000 aggregate.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4105

3 DCMR § 4106 LIMITATIONS ON THE USE OF EXPLORATORY COMMITTEE FUNDS

4106.1 Exploratory committee funds shall be used solely for the purpose of financing, directly or indirectly, an examination of the feasibility of becoming a candidate for a public office in the District of Columbia.

4106.2 The provisions of § 3013 of Chapter 30 of this title, concerning impermissible uses of campaign funds, shall apply to exploratory committees unless the expenditures stated therein are solely related to exploratory activities.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4106

3 DCMR § 4107 DURATION OF EXPLORATORY COMMITTEES

4107.1 The life of an exploratory committee for any office shall not exceed eighteen (18) months.

4107.2 When the duration of an exploratory committee reaches eighteen (18) months, one of the following acts shall occur:

(a) The exploratory committee shall terminate; or

(b) The named individual who is the prospective candidate of the exploratory committee shall become a candidate in accordance with § 3001 of Chapter 30 of this title.

4107.3 When the named individual of an exploratory committee becomes a candidate, the individual must:

(a) File a Statement of Candidacy Form and declare their candidacy, pursuant to § 3002 of Chapter 30 of this title;

(b) Form a principal campaign committee, pursuant to § 4101; and

(c) Apply all contributions received during the life of the exploratory committee to the campaign contribution limitations for the specific candidate, pursuant to § 3011 of Chapter 30 of this title.

4107.4 When terminating, exploratory committees shall adhere to the applicable provisions of § 3016 of Chapter 30 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4107

3 DCMR § 4108 USE OF SURPLUS FUNDS

4108.1 Any balance in the exploratory committee fund shall be transferred only to an established political committee or nonprofit organization, within the meaning of Section 501(c) of the Internal Revenue Code, operation in good standing in the District for a minimum of one (1) year before the date of any transfer.

4108.2 All contributions and fund balances of any exploratory committee shall not be deemed the personal funds of any individual, including the prospective candidate of the exploratory committee.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4108

3 DCMR § 4109 PENALTIES

4109.1 Penalties for any violation of this chapter shall be imposed pursuant to § 3711.2 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4109

3-42 THE FAIR ELECTIONS PROGRAM

3 DCMR § 4200 THE FAIR ELECTIONS PROGRAM

4200.1 The provisions of this chapter shall govern the procedures of the Office of Campaign Finance for the public financing of political campaigns provided by the Fair Elections Amendment Act of 2018 (the Fair Elections Act), as amended, and known as the Fair Elections Program.

4200.2 The Fair Elections Program established in the Office of Campaign Finance is voluntary.

4200.3 The Fair Elections Program applies to candidates for the covered offices of Mayor, Attorney General, Chairman of the Council, member of the Council, and member of the State Board of Education.

4200.4 Candidates seeking to participate in the Fair Elections Program must meet the threshold requirements under § 4205 of this chapter.

4200.5 The Office of Campaign Finance administers the Fair Elections Fund from which Base Amount and Matching Payments under § 4207 and § 4208 of this chapter.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4200

3 DCMR § 4201 REGISTRATION OF CANDIDATE

4201.1 An individual shall be considered a candidate when he or she:

(a) Receives a campaign contribution;

(b) Makes campaign expenditure;

(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:

Whether a principal campaign committee will be designated; and

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

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:

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

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.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4201

3 DCMR § 4202 MANDATORY TRAINING

4202.1 The candidate for public office and the treasurer of any political committee, political action committee, or independent expenditure committee shall appear in-person at the Office of Campaign Finance to attend a training program conducted by the Director.

4202.2 Training shall be conducted in-person or online during a period of time for which the Mayor has declared a public health emergency pursuant to D.C. Official Code § 7-2034.01. At the discretion of the Director, the Office of Campaign Finance may provide online training materials to supplement the in-person training program.

4202.3 Such training shall include content on the Fair Elections Program and the requirements under this section pertaining to business contributors, including their affiliated entities, and covered contractors.

4202.4 Each candidate shall attend the Office of Campaign Finance training program within fifteen (15) calendar days of submitting the Statement of Candidacy form in accordance with § 4201, or as otherwise scheduled by the Office of Campaign Finance.

4202.5 The treasurer of the candidate’s principal campaign committee shall attend the Office of Campaign Finance training program within fifteen (15) calendar days of submitting the Statement of Acceptance of Treasurer form in accordance with § 4203.9, or as otherwise scheduled by the Office of Campaign Finance.

4202.6 Each candidate and treasurer participating in the Office of Campaign Finance training program shall demonstrate completion by oath or affirmation to follow the District’s campaign finance laws developed by the Director of Campaign Finance.

4202.7 The names of the participants and those participants who have not completed the training shall be prominently displayed on the website of the Office of Campaign Finance.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4202

3 DCMR § 4203 PRINCIPAL CAMPAIGN COMMITTEE

4203.1 Candidates seeking certification and participating candidates of the Fair Elections Program shall designate one (1) principal campaign committee, per covered office, per election cycle.

4203.2 Only a candidate’s designated principal campaign committee and its authorized committees shall accept contributions or make expenditures on behalf of that candidate.

4203.3 A candidate’s designation of a committee on the candidate’s Statement of Candidacy form filed under § 4201.2 constitutes agreement to form a political committee.

4203.4 Any political committee designated by a candidate on the Statement of Candidacy form filed under § 4201.2 to receive contributions or make expenditures on behalf of the candidate, shall include the name of the candidate for elective office in the District of Columbia in its name.

4203.5 Each Principal Campaign 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.

4203.6 A Principal Campaign committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.

4203.7 If a Principal Campaign 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).

4203.8 A Principal Campaign committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 4203.5.

4203.9 No person may simultaneously serve as the chairperson and treasurer of a Principal Campaign committee, except a candidate.

4203.10 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.

4203.11 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.

4203.12 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.

4203.13 A treasurer shall be required to participate in the Office of Campaign Finance training program pursuant to § 4202 of this chapter within fifteen (15) calendar days of submitting the Statement of Acceptance of Treasurer form in accordance with § 4203.12, or as otherwise scheduled by OCF.

4203.14 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.

4203.15 When either the office of chairperson or treasurer is vacant, the Principal Campaign 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.

4203.16 The treasurer of a Principal Campaign committee shall obtain and preserve receipted bills and records in accordance with § 3400.2 of Chapter 34 of this title.

4203.17 A Principal Campaign committee shall neither accept a contribution nor make expenditure while the office of treasurer is vacant, and no other person has been designated and agreed to perform the functions of treasurer.

4203.18 Each expenditure made for, or on behalf of, a Principal Campaign committee shall be authorized by either:

(a) The chairperson;

(b) The treasurer; or

4203.19 No expenditures may be made by a Principal Campaign committee except by check drawn or electronic transfer payable to the person to whom the expenditure is being made on the account at a bank designated by the Principal Campaign committee as its depository in its Statement of Organization.

4203.20 A detailed account of each contribution or expenditure received or made on behalf of a Principal Campaign 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.

4203.21 The detailed account submitted pursuant to § 4203.20 shall include:

(a) The amount of the contribution or expenditure;

(b) The name, telephone number, and address (including the occupation and principal place of business, if any) of the contributor or the person (including a business entity) to whom the expenditure was made;

(d) In the case of an expenditure, the office sought by the candidate on whose

behalf the expenditure was made, if applicable.

4203.22 All funds of a Principal Campaign committee shall be segregated from, and may not be commingled with, the candidate’s, or anyone’s personal funds.

4203.23 Each Principal Campaign committee accepting contributions or making expenditures shall:

Designate one or more national banks located in the District of Columbia as the committee’s depository or depositories.

Maintain a checking account or accounts at such depository or depositories; and

Deposit any contribution received by the committee into that account or accounts.

4203.24 The principal campaign committee shall process contributions in the following manner:

(a) Contributions received by check, money order, or other written instrument shall be cosigned directly to the principal campaign committee;

(b) All monetary contributions must be accepted and deposited, or rejected and returned to a contributor, within twenty (20) business days after receipt except contributions made in the form of cash must be accepted and deposited, or rejected and returned to a contributor, within ten (10) business days after receipt;

(c) All contributions that are accepted and deposited are subject to the contribution limits and prohibitions and must be reported to the Office of Campaign Finance. Except as provided in § 4207.9 of this chapter, if a candidate returns a contribution after it is deposited, the return must be reported to the Office of Campaign Finance;

(d) The proceeds of any monetary instruments listed in subsection (a) that have been cashed or redeemed by the candidate pursuant to § 4201.5 shall be disallowed by the principal campaign committee and returned by the candidate to the donor.

4203.25 No contributions shall be commingled with the candidate’s personal funds or accounts

4203.26 Except as provided in § 4203.1 an existing committee shall not be designated as the principal campaign committee of a candidate for public office, including the designation of any previously designated principal campaign committee of a candidate, or a slate of candidates for election as officials of a political party, in any future election.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4203

3 DCMR § 4204 MANDATORY ELECTRONIC FILING

4204.1 All Reports of Receipts and Expenditures filed with the Director of the Office of Campaign Finance shall be filed electronically at the OCF website, www.ocf.dc.gov, except as provided in § 3006.2 and § 4204.2. A paper filing of an R&E Report shall not be accepted and will be considered a failure to file.

4204.2 The Director may grant an exception to the electronic filing requirement in either of the following circumstances:

The filer submits a statement of actual hardship to the OCF at the time of registration demonstrating that the hardship will continue through the duration of the election cycle;

The filer submits a statement of actual hardship to the OCF no less than fifteen (15) days before the applicable filing deadline; or

4204.3 The Director shall review and respond in writing to an application for an exception within three (3) business days after its receipt.

4204.4 The Office of Campaign Finance shall provide log-in information, including a Personal Identification Number (PIN), for access to the OCF Electronic Filing and Disclosure System to the following registrants:

Each candidate who files the Statement of Registration form unless a waiver from the filing and reporting requirements is granted pursuant to § 3004 and § 4200;

The treasurer of each candidate’s principal campaign committee which files the Statement of Organization form pursuant to § 3000.1 and § 4203.5.

4204.5 The filer of the Report of Receipts and Expenditures shall electronically verify each R&E Report through the use of the confidential PIN Number assigned by the Office of Campaign Finance.

4204.6 Each treasurer of a candidate’s principal campaign committee who files the R&E Report shall electronically verify that the filer used all reasonable due diligence in the preparation of the report and to the best of their knowledge, the report is true and complete.

4204.7 Each candidate who files the R&E Report shall electronically verify on each R&E Report the statements contained in § 3002.5 and § 4201.4.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4204

3 DCMR § 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:

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;

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;

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;

(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:

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

An indication, including by clicking a check box or button that the contributor has sworn or affirmed:

Is making the contribution in the contributor’s own name and from the contributor’s own funds;

Is making the contribution voluntarily and has not received anything of value in return for the contribution;

In the case of a small-dollar contributor, is a District resident;

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;

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

The contribution was not 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;

The parties to the loan or advance; and

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.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4205

3 DCMR § 4206 CERTIFICATION, REVOCATION, AND RECISSION AS A PARTICIPATING CANDIDATE

4206.1 For the purpose of this section, the term “qualifying period” means: (1) the period beginning on the day after the most recent general election for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the primary election, or for the general election for the covered office sought; or (2) the period beginning on the day the special election is called and ending on the last day to file nominating petitions for the covered office sought.

4206.2 To be certified by the Director of Campaign Finance as a participating candidate for a seat for a covered office in an election cycle, a candidate shall, during the qualifying period:

Obtain the following:

For a candidate for Mayor, qualified small-dollar contributions from at least 1,000 small-dollar individual resident contributors of the District, which in the aggregate, total $40,000 or more; *

For a candidate for Attorney General, qualified small-dollar contributions from at least 500 small-dollar individual resident contributors of the District, which, in the aggregate, total $20,000 or more;

For a candidate for Council Chairman, qualified small-dollar contributions from at least 300 small-dollar individual resident contributors of the District, which, in the aggregate, total $15,000 or more;

For a candidate for an At-Large Council seat, qualified small-dollar contributions from at least 250 small-dollar individual resident contributors of the District, which, in the aggregate, total $12,000 or more;

For a candidate for a Ward Council seat and the At-Large State Board of Education seat, qualified small-dollar contributions from at least 150 small-dollar individual resident contributors of the District, which, in the aggregate, total $5,000 or more; or

For a candidate for a Ward State Board of Education seat, qualified small-dollar contributions from at least 50 small-dollar individual resident contributors of the District, which, in the aggregate, total $1,000 or more; and

The candidate shall file an Affidavit on a form prescribed by the Director of the Office of Campaign Finance, and signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate:

Has compiled with and, if certified, will continue to comply with the Fair Elections Program requirements;

If certified, will only run in that election cycle as a participating candidate;

If certified will only run during that election cycle for the seat for the covered office for which the candidate is seeking certification, including in both the primary and general elections, as applicable;

Has otherwise qualified, or will take steps to qualify, for ballot access in accordance with the procedures required by the Elections Board pursuant to Section 8 of the Election Code, such as by filing a declaration of candidacy under 3 DCMR § 3002 and a nominating petition containing the required number of valid signatures under 3 DCMR § 1605;

Is current with respect to any fines or penalties owed for a violation of the Fair Elections Act; and

(6) Has responded and will respond to all inquiries of the Elections Board and the Director of Campaign Finance in a timely manner.

4206.3 No later than ten (10) business days after a candidate attains compliance under § 4206.1 the Director of Campaign Finance shall determine whether the candidate meets the requirements for certification as a participating candidate, and:

If the requirements are met, certify the candidate as a participating candidate; or

If the requirements are not met, the Director shall notify the candidate in writing of the specific deficiencies and (1) provide an opportunity to cure the deficiencies and, (2) appeal the Director’s determination in writing to the Board within ten (10) business days after the candidate receives the determination. An appeal of the Director’s determination to the Board shall be considered a complaint and proceed in accordance with the rules of Chapter 4 of this title.

The petition of appeal must state the grounds for reconsideration of the denial for certification as a participating candidate.

4206.4 The Director shall revoke a certification under § 4206.2 if a participating candidate once certified:

Fails to qualify for ballot access pursuant to the nominating petition process;

Does not continue to run as a participating candidate in that election cycle;

Does not run for the seat for the covered office for which the candidate was certified during that election cycle, including both the primary and the general elections, as applicable;

Terminates his or her candidacy; or

Fails to comply with the Fair Elections Program’s requirements, including contribution and expenditure limits, and the debate requirement.

4206.5 If a certification is revoked under § 4206.3, the Director shall notify the candidate in writing of (1) the basis for the Director’s revocation; and (2) the right to appeal the revocation in writing to the Board within ten (10) business days after the candidate receives the determination. An appeal of a revocation to the Board shall be considered a complaint and proceed in accordance with the rules of Chapter 4 of this title.

4206.6 The participating candidate whose certification has been revoked shall remit to the Fair Elections Fund the remaining funds in the participating candidate’s campaign accounts pursuant to § 4211.

4206.7 Following revocation of certification, including during a pending appeal of the revocation, the candidate is thereafter prohibited from spending program funds for any purpose other than the payment of previous liabilities incurred in qualified campaign expenditures.

4206.8 All program funds in excess of such liabilities previously incurred shall be promptly repaid to the Program; the amount to be repaid shall be determined by the Office of Campaign Finance. A repayment made shall not preclude a determination that an additional repayment is required pursuant to that or any other provision of the Act.

4206.9 A candidate who does not file an Affidavit under § 4206 or withdraws his or her affidavit prior to certification shall not qualify to participate in the Fair Elections Program.

4206.10 A candidate who does not elect to participate in the Fair Elections Program shall not be eligible to receive program funds and shall not be subject to the contribution and expenditure limitations under § 4209.

4206.11 A candidate who does not elect to participate in the Fair Elections Program may accept contributions from sources other than those prescribed under § 4209.1.

4206.12 Candidates seeking to certify as a participating candidate may file for certification pursuant to § 4206.2 and receive the base amount and initial disbursement of matching payments of which the candidate is eligible under §§ 4207 and 4208, on a rolling basis.

4206.13 Rolling certification shall occur every thirty (30) days, commencing in the year 2019 on August 31, September 30 and October 31, in the year immediately prior to the year during which an election is held for which the candidate seeks office and the committee supports a candidate for office, and thereafter on January 10, February 10, March 30, April 30, May 30, June 30, July 10, August 31 and September 30 in any year in which there is held an election for which the candidate seeks office and the committee supports a candidate for office, until certification is achieved as a participating candidate in the Fair Elections Program.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4206

3 DCMR § 4207 BASE AMOUNT PAYMENTS

4207.1 Within five (5) business days after the participating candidate is certified, the Director shall direct the Office of the Chief Financial Officer to disburse to the candidate half of the base amount described in § 4207.3, within five (5) business days of receiving notice from the OCF.

4207.2 Within five (5) business days after the participating candidate qualifies for the ballot, the Director shall direct the Office of the Chief Financial Officer to disburse to the candidate the other half of the base amount described in § 4207.3, within five (5) business days of receiving notice from the OCF.

4207.3 The base amount shall be payable only in contested elections in the following amounts:

$160,000 for the office of Mayor;

$40,000 for the office of Attorney General;

$40,000 for the office of Council Chairman;

$40,000 for the office of Councilmember elected At-Large and from a Ward; and

(e) $10,000 for the office of State Board of Education elected at-large and from a ward.

4207.4 The participating candidate in an uncontested election, shall not receive the base amount described in § 4207.1 except as provided in § 4207.6.

4207.5 The participating candidate in an uncontested election shall be eligible to receive matching payments for qualified small-dollar contributions in accordance with § 4208.

4207.6 If an uncontested election becomes a contested election after a participating candidate is certified, the Director shall direct, no later than five (5) business days after the uncontested election becomes a contested election the Office of the Chief Financial Officer to disburse funds to the candidate, within five (5) business days of receiving notice from the OCF as follows:

The first half of the base amount, if the participating candidate has not qualified for the ballot; or

(b) Both halves of the base amount, if the participating candidate has qualified for the ballot.

4207.7 If a contested election becomes an uncontested election after the participating candidate has received the first, but not the second half of the base amount, the participating candidate may retain any unspent base amount funds to repay:

Any authorized expenditures or the proper debts that were incurred in connection with the participating candidate’s campaign; and

(b) Personal funds of the participating candidate or funds the candidate’s immediate family contributed in accordance with § 4209.1(f).

4207.8 If a contested election becomes an uncontested election, a participating candidate who has not yet qualified for the ballot shall not receive the second half of the base amount upon ballot qualification.

4207.9 Funds shall be distributed to the participating candidate through the use of an electronic funds transfer or debit card.

4207.10 After a participating candidate has received base amount payments and matching payments from the Fair Elections Fund for an election, the candidate may not return a contribution, unless instructed by the Director to do so, until any required repayments to the Program have been made, except if the contribution:

Exceeds the contribution limit;

Is otherwise illegal;

Is returned because the contribution was received from a prohibited source or intermediary; or

Was commingled in an account not belonging to the campaign committee.

4207.11 The Director shall notify a participating candidate in writing within five (5) business days where it is determined funds paid to the candidate were in excess of the aggregate amount for which the candidate qualified, and such candidate shall repay to the Fund an amount equal to the amount of the excess payments within thirty (30) calendar days of the notice.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4207

3 DCMR § 4208 MATCHING PAYMENTS FOR QUALIFIED SMALL-DOLLAR CONTRIBUTIONS

4208.1 Qualified small-dollar contributions received in an election cycle from individual District residents before a candidate is certified as a participating candidate under § 4206.2 shall not be matched until the candidate is certified.

4208.2 After the candidate is certified as a participating candidate, the candidate shall receive matching payments from the Fair Elections Fund for the qualified small-dollar contributions from individual District residents that the candidate received in that election cycle before certification and after certification, in an amount equal to five hundred percent (500%) of the amount of the qualified small-dollar contributions, subject to § 4208.4 of this chapter.

4208.3 Contributions from a non-District resident individual shall not be matched.

4208.4 The maximum amount participating candidates may receive in matching payments, shall be:

For candidates for Mayor and Council Chairman, one hundred ten percent (110%) of the average expenditures per election cycle of all candidates who were elected Mayor and Council Chairman, in the prior four (4) general election cycles for Mayor and Council Chairman;

For candidates for Attorney General, 110% of the average expenditures per election cycle of all candidates who were elected Attorney General in all prior general elections for Attorney General, until such time as four (4) election cycles have been held, after which time, 110% of the average expenditures per election cycle of candidates who were elected Attorney General, in the prior four (4) general election cycles for Attorney General;

For candidates for At-Large or Ward Councilmember, 110% of the average expenditures per election cycle of all candidates who were elected for At-Large or Ward Councilmember, in the prior two (2) general election cycles, for At-Large or Ward Councilmember; and

For candidates for At-Large or Ward member of the State Board of Education, 110% of the average expenditures per election cycle of all candidates who were elected for At-Large or Ward member of the State Board of Education, in the prior two (2) general election cycles for At-Large or Ward member of the State Board of Education.

4208.5 Contributions received after the participating candidate has reached the aggregate qualified small-dollar contribution limit for a seat for a covered office under § 4205.1 shall not be matched.

4208.6 The Director of Campaign Finance shall determine the maximum amount participating candidates may receive in matching payments for qualified small-dollar contributions from individual District residents after commencement of the qualifying period in an election cycle.

4208.7 Payments shall be made no later than five (5) business days after receipt of the participating candidate’s R&E Report filed with the OCF in accordance with § 4212 and § 4213. The Director of Campaign Finance shall direct the Office of the Chief Financial Officer to disburse payments under this section. The Office of the Chief Financial Officer shall disburse the payments within five (5) business days after receiving direction to do so from the Director.

4208.8 The Director shall notify a participating candidate in writing within five (5) business days where it is determined public funds paid to the candidate were in excess of the aggregate amount for which the candidate qualified, and such candidate shall repay to the Director an amount equal to the amount of the excess payments within thirty (30) calendar days of the notice.

4208.9 The Director of Campaign Finance shall provide a written explanation with respect to any denial of any payment and shall provide an opportunity to appeal the denial within (10) business days.

4208.10 A participating candidate may petition the Board in writing for reconsideration of the denial of any payment.

4208.11 The petition must state the grounds for reconsideration.

4208.12 The Board shall review the determination that is the subject of the petition for review within five (5) business days of the filing of such petition.

4208.13 In the event the Board is unable to convene within five (5) business days, the Board may delegate to the chair of the Board or his or her designee authority to make a determination regarding the petition.

4208.14 If the petition is denied, the Board’s notice shall inform the participant of the right to appeal the Board’s determination.

4208.15 The participating candidate and his or her principal committee shall not include in any such petition any documentation or factual information not submitted to the Board prior to the determination under review unless the participating candidate can demonstrate good cause for the previous failure to submit such documentation or information and for any failure to communicate on a timely basis with the Board.

4208.16 The participating candidate may submit a petition for review of a payment or non-payment determination after the issuance of the participant’s final audit report within thirty (30) days of issuance of the final audit report and only upon submission of information and/or documentation that was unavailable to the Board previously and is material to such determination, and a showing that the participant had good cause for the previous failure to provide such information and/or documentation.

4208.17 Fair Election Funds shall be distributed to participating candidates under this section by the use of an electronic funds transfer or debit card.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019); as amended by Final Rulemaking published at 68 DCR 1896 (February 12, 2021); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4208

3 DCMR § 4209 LIMITATIONS ON THE USE OF FAIR ELECTION PROGRAM FUNDS AND EXPENDITURES

4209.1 Except as provided in § 4209.5(b), a candidate seeking certification and a participating candidate shall not receive or expend any contribution in that election cycle other than:

Qualified small-dollar contributions from individual District residents;

Contributions from non-District resident individuals that comply with the limitations in § 4205.1;

Contributions from Fair Elections Committees that do not exceed $1,500 per Fair Election Committee, per election cycle;

Base amount payments distributed by the Fair Elections Program;

Matching payments distributed by the Fair Elections Program; and

Personal funds of a candidate or the candidate’s immediate family in the form of a contribution or loan that does not exceed, in the aggregate:

For a candidate for Mayor, $5,000; or

(2) For a candidate for Attorney General, Council Chairman, member of the Council, or member of the State Board of Education, $2,500.

4209.2 The amounts described in § 4209.1(f) shall be adjusted by the Director of Campaign Finance each election cycle by the percentage increase in the Consumer Price Index for the Washington-Baltimore Metropolitan Area for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, or any successor index for the prior calendar year.

4209.3 A candidate seeking certification who accepts a contribution from sources other than those described in § 4209.1 before the date the candidate is certified may not participate in the Fair Elections Program, unless within ten (10) days after certification, the participating candidate:

Returns the unexpended contribution to the contributor and provides evidence that the funds were actually received by the contributor and negotiated through the candidate’s checking account as defined in § 3000.29 of this title;

Remits the unexpended contribution to the Fair Election Fund; or

The election is a contested election, the Office of Campaign Finance shall subtract the total amount of the expended contributions from the base amount to which the candidate would be eligible under § 4207; or

(2) The election is an uncontested election, the Office of Campaign Finance shall subtract the total amount of the expended contributions from the matching payments to which the candidate would be eligible under § 4208.

4209.4 A candidate seeking certification who expends contributions from sources other than those described in § 4209.1 in excess of the base amount to which a candidate for the seat for that covered office would be eligible under § 4207.3 may not participate in the Fair Elections Program.

4209.5 A participating candidate shall not make expenditures for the following:

Legal expenses not directly related to acts taken under this act or the Elections Code;

Payment of any penalty or fine imposed pursuant to Federal or District law;

Compensation to the participating candidate or a member of the participating candidate’s immediate family, except for reimbursement of out-of-pocket expenses incurred for campaign purposes;

Clothing and other items or services related to the participating candidate’s personal appearance;

Contributions, loans, or transfers to another candidate’s political committee or a political action committee;

Gifts, which, for the purposes of this paragraph, shall not include printed campaign materials such as signs, brochures, buttons, or clothing; and

(g) Any other purpose that does not support the nomination of election to office of the participating candidate as delineated in § 3013 of this title.

4209.6 Fair Elections Program funds may not be used for:

An expenditure for any purpose other than the furtherance of the participating candidate’s nomination or election; or

An expenditure in violation of any law.

4209.7 An expenditure for the purpose of promoting or facilitating the nomination or election of a candidate, which is determined not to be an independent expenditure, is a contribution to, and an expenditure by, the candidate.

4209.8 In determining whether an expenditure is independent, the Director may consider, but not limited to, the following factors:

Whether the person or entity making the expenditure is also a current or former agent of a candidate;

Whether any person authorized to accept receipts or make expenditures for the person or entity making the expenditure is also a current or former agent of a candidate;

Whether a candidate has authorized, requested, suggested, fostered, or otherwise cooperated in any way in the formation or operation of the person or entity making the expenditure;

Whether the person or entity making the expenditure has been established, financed, maintained, or controlled a political committee authorized by the candidate;

Whether the candidate shares or rents space for a campaign-related purpose with or from the person or entity making the expenditure;

Whether the candidate has solicited or collected funds on behalf of the person or entity making the expenditure, during the same election cycle in which the expenditure is made;

Whether the candidate, or any public or private office held or entity controlled by the candidate, including any governmental agency, division, or office, has retained the professional services of the person making the expenditure, or a principal member or managerial employee of the entity making the expenditure, during the same election cycle in which the expenditure is made; and

Whether the candidate and the person or entity making the expenditure have each consulted or otherwise been in communication with the same third party or parties, if the candidate knew or should have known that the candidate’s communication or relationship to the third party or parties would inform or result in expenditures to benefit the candidate.

4209.9 There shall be a rebuttable presumption that a contribution or expenditure is coordinated with a candidate, an agent of a candidate, or principal campaign committee of the candidate, if:

The contribution or expenditure is made based on information that the candidate, agent, or principal campaign committee of the candidate, provided to the particular person making the contribution or expenditure about its needs or plans, including information about campaign messaging or planned expenditures;

The person making the contribution or expenditure retains the professional services of a person who also provides the candidate, agent, or principal campaign committee of the candidate, with professional services related to campaign or fundraising strategy;

The person making the contribution or expenditure is a political committee, political action committee, or independent expenditure committee that was established or is or was staffed in a leadership role by an individual who works or previously worked in a senior position or in an advisory capacity or;

Who is a member of the candidate’s immediate family or;

The contribution or expenditure is made for the purpose of financing, directly or indirectly, the election of a candidate or a political committee affiliated with that candidate, and that candidate has fundraised for the person making the expenditure.

4209.10 In-kind contributions are donations of goods, services or time instead of cash. Each in-kind contribution shall be assessed at the current local fair market value at the time of the contribution and shall be itemized and reported.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4209

3 DCMR § 4210 DEBATE REQUIREMENT

4210.1 For the purpose of this section, “covered office” shall mean the offices of Mayor, Attorney General, Council Chairman, member of the Council elected at-large, and member of the State Board of Education elected at-large.

4210.2 For the purpose of this section, “program participating candidate” shall mean any candidate who has been certified by the Director of Campaign Finance as a participating candidate in the Fair Elections Program.

4210.3 For the purpose of this section, “non-participating candidate” shall mean a candidate who has not been certified by the Director of Campaign Finance as a participating candidate in the Fair Elections Program.

4210.4 The Director of Campaign Finance shall conduct at least one debate for each covered office in a contested primary, special, and general election in which at least one candidate for nomination or election is a program participating candidate. When there are no program participating candidates for a covered office, no debate shall be required for that particular office.

4210.5 For a contested primary election for a covered office, all partisan program participating candidates in that primary election shall participate in the debate. If there is at least one program participating candidate, then partisan non-participating candidates for a covered office who have obtained ballot access in their party’s primary election shall be invited to participate in the debate. Invited candidates shall indicate their acceptance of the debate invitation in writing on or before the deadline provided in the invitation.

4210.6 For a contested special election or general election for a covered office, all program participating candidates shall participate in the debate. If there is at least one program participating candidate, then non-participating candidates for election to a covered office shall be invited to participate in the debate. Invited candidates shall indicate their acceptance of the debate invitation in writing on or before the deadline provided in the invitation.

4210.7 An invited candidate who accepts an invitation to debate may later withdraw from participation in writing. An invited candidate’s debate withdrawal statement shall be presented to the public unedited and as soon as practicable.

4210.8 Any debate for each covered office shall have at least two opposing candidates participating in the debate. If there is only one program participating candidate and no invited candidates accept the invitation to debate, then the debate requirement shall be waived and no debate event will be scheduled. If the number of candidates participating in a scheduled debate becomes fewer than two, the debate requirement shall be waived for the program participating candidate and the debate event for that covered office shall be canceled.

4210.9 The Director, at his or her discretion, may seek a co-sponsor for any debate. For primary elections, debate co-sponsors may include partisan organizations affiliated with the party conducting the primary election. For special or general elections, debate co-sponsors shall be non-partisan organizations.

4210.10 Debate co-sponsorship shall be obtained by agreement with the co-sponsor organization and executed in writing, specifying the Director’s and co-sponsor’s individual responsibilities for carrying out the debate event(s). No co-sponsorship agreement shall be effective unless each debate co-sponsor agrees to the following:

(a) The debate event(s) shall include at least two opposing candidates for the same office and in the event of a candidate’s non-appearance at the debate, that the debate will be canceled;

(b) The debate event(s) shall be staged in a way that does not promote or advance one candidate over another;

(c) The debate event(s) shall allow the candidates to appear concurrently, in face to face conversations, with opportunities to respond to each other;

(d) The debate event(s) shall be conducted before the beginning of the in-person early voting period;

(e) The debate event, if recorded by the co-sponsor, shall not be edited and if broadcast, shall be broadcast in its entirety; and

(f) The venue for the debate shall be free from candidate or ballot measure signs, placards, buttons, or any materials which can reasonably be interpreted to persuade someone to vote for or against a particular candidate or ballot measure.

4210.11 Non-participating candidates who have qualified for ballot access for a covered office prescribed in § 4206.1 may participate in a debate for that covered office, pursuant to the requirements under §§ 4210.5 and 4210.6.

4210.12 If there is no other participating candidate or non-participating candidate who is willing to participate in a debate for a covered office, then the requirements under §§ 4210.5 and 4210.6 shall be waived for that covered office.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4210

3 DCMR § 4211 REMITTING FUNDS AND DONATING EQUIPMENT

4211.1 No later than sixty (60) days after a primary election in an election cycle for which a losing participating candidate was on the ballot, the losing participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate’s campaign accounts. The losing participating candidate shall also donate any equipment purchased by the campaign in accordance with § 4211.4.

4211.2 No later than sixty (60) days after a special election or general election in an election cycle for which a participating candidate was on the ballot, the participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate’s campaign accounts. The losing participating candidate shall donate any equipment purchased by the campaign in accordance with § 4211.4.

4211.3 No later than sixty (60) days after a participating candidate’s certification is revoked under § 4206.3, the participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate’s campaign accounts. The participating candidate whose certification has been revoked pursuant to § 4206.3 shall donate any equipment purchased by the campaign in accordance with § 4211.4.

4211.4 A participating candidate, pursuant to §§ 4211.1, 4211.2 and 4211.3, shall donate any equipment purchased by the campaign to a non-profit organization, within the meaning of Section 501(c)(3) of the Internal Revenue Code that is in good standing in the District of Columbia for a minimum of one (1) calendar year prior to the date of the donation, that is unaffiliated with:

The candidate or the candidate’s immediate family;

The candidate’s principal campaign committee, including the campaign chair and treasurer and their immediate family; and

Any board of directors or similar governing body on which the candidate, the candidate’s immediate family, or the candidate’s campaign chair or treasurer sits in its place.

4211.5 If a participating candidate’s certification is revoked under §§ 4206.3(b), (c) or, due to fraudulent activities, § 4206.3(e), the participating candidate shall be personally liable for any expended base amount or matching payments.

4211.6 Notwithstanding §§ 4211.1, 4211.2 and 4211.3, a participating candidate may withhold funds from the amount required to be remitted for an additional one hundred eighty (180) days after the sixty (60)-day periods if the participating candidate requests an extension in writing and submits documentation of the funds to the Director of Campaign Finance no later than the last day of the sixty (60)-day period. The withheld funds shall only be used for the following purposes:

To repay any authorized expenditures or retire the proper debts that were incurred in connection with the participating candidate’s campaign; and

(b) To repay personal funds of the participating candidate or the participating candidate’s immediate family contributed under § 4209.1(f).

4211.7 The Office of Campaign Finance shall notify a participant in writing if it finds that the participant owes unspent campaign funds to the Program. The participant shall promptly pay to the Fund unspent campaign funds from an election; provided, however, that all unspent campaign funds for a participant shall be immediately due and payable to the Fair Elections Program Fund upon a determination by the Director that the participant has delayed the post-election audit process.

4211.8 For the purpose of this section, the term “equipment” means any furniture or electronic or battery-powered equipment purchased by a participating candidate’s campaign that cost at least fifty dollars ($50).

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4211

3 DCMR § 4212 FILING DEADLINES

4212.1 The Director of Campaign shall establish a schedule for candidates seeking certification and participating candidates to submit reports of qualified small-dollar contributions from District resident individuals and contributions from non-District resident individuals that include the information required under § 3008.

4212.2 Reports of Receipts and Expenditures (R&E) shall be filed by candidates seeking certification and participating candidates with the Office of Campaign Finance on the following dates:

(a) March 10th, June 10th, August 10th, October 10th, and December 10th in the seven (7) months preceding the date on which an election is held for which the candidate seeks office and the committee supports a candidate for office;

(b) March 10th, April 10th, May 10th, June 10th, August 10th, October 10th, and December 10th, and the eight (8th) day next preceding the date of any primary, general or special election, in any year in which there is held an election for which the candidate seeks office and the committee supports a candidate for office;

(d) July 31st of each year in which there is no election.

4212.3 Candidates seeking certification only may also file R&E Reports until certification is achieved as a participating candidate in the Fair Elections Program, on the following dates:

(a) August 31st, September 30th, and October 31st in the year immediately prior to the year during which an election is held for which the candidate seeks office and the committee supports a candidate for office, and;

(b) January 10th, February 10th, March 30th, April 30th, May 30th, June 30th, July 10th, August 31st, and September 30th, in any year in which there is held an election for which the candidate seeks office and the committee supports a candidate for office.

4212.4 Participating candidates may after certification, also file R&E Reports on the following dates:

(a) February 10th, March 30th and April 30th in any year in which there is held a primary election for which the candidate seeks office and the committee supports a candidate for office; and

(b) July 10th, August 31st, and September 30th in any year in which there is held a general election for which the candidate seeks office and the committee supports a candidate for office.

4212.5 All R&E Reports filed with the Director of the Office of Campaign Finance shall be filed electronically at the OCF website www.ocf.dc.gov, except as provided in § 3006.2. A paper filing of an R&E Report shall not be accepted and will be considered a failure to file.

4212.6 All R&E Reports filed with the Director shall include the following documents underlying the transactions reported during the respective coverage period for upload into the OCF E-Filing and Disclosure System:

Contribution Card (the signed or digital receipt of the contributor);

Copy of Cancelled check, money order, or credit card transaction;

Loan agreement; and

Bank statements and deposit slips.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4212

3 DCMR § 4213 REPORTING AND DISCLOSURE REQUIREMENTS

4213.1 Disclosure statements serve several different purposes:

(a) They provide comprehensive disclosure of a candidate’s campaign finances for prompt examination by the voting public and permit integration into the Office of Campaign Finance Online Filing System for purposes of additional disclosure, monitoring of campaign finances, and analysis mandated by the Act;

They enable the Office of Campaign Finance to monitor candidate compliance with the Fair Elections Program requirements; and

4213.2 The financial records of each committee of a candidate are subject to review by the Office of Campaign Finance for purposes of monitoring the candidate’s compliance with the requirements of the Program.

4213.3 Each disclosure statement shall include the following information about the committee involved in the election:

The cash balance at the beginning and end of the reporting period;

Total itemized and non-itemized contributions, loans, and other receipts accepted during the reporting period; and

4213.4 A separate disclosure statement shall be submitted for each committee involved in the election.

4213.5 All data reported in disclosure statements, amendments, and resubmissions shall be accurate as of the last day of the reporting period.

4213.6 The candidate shall report and itemize in each disclosure statement for each receipt of five dollars ($5.00), or more in the coverage period, the following information:

The name, address, occupation (including self-employed, retired, homemaker, or unemployed) and principal place of business, amount of contribution, and date of receipt of each qualified small contribution from an individual District resident;

The name, address, occupation (including self-employed, retired, homemaker, or unemployed) and principal place of business, amount of contribution, and date of receipt of each small dollar contribution from a non-resident individual;

The receipt of public funds, identifying the type, base amount or matching payments, the amount, and date of payment;

The receipt of contributions from Fair Election Committees/Member organizations; and

The receipt of contributions or loans from the candidate or the candidate’s immediate family member, reporting the date of receipt, amount, name, address, occupation, and principal place of business.

4213.7 The candidate shall report and itemize in each disclosure statement each expenditure made of five dollars ($5.00) or more during the reporting period:

(a) The name and address of each person, including the candidate, who has made purchases on behalf of the committee during the reporting period with the expectation of being reimbursed by the committee;

The date and amount of each such purchase;

The name and address of the person or entity form whom the purchase has been made;

The form of the purchase;

The purpose of the purchase;

The name of each person, including the candidate, whom the committee reimbursed for purchases made on behalf of the committee during the reporting period, each purchase being reimbursed, and the amount and form of each reimbursement; and

Such other information as the Director may require.

4213.8 Matchable contribution claims on small dollar contributions from individual District residents shall be invalid unless the participant has reported the contributor’s occupation, employer, and business address, and provided a copy of the contributor’s consent and Affidavit.

4213.9 If the candidate makes expenditure to a consultant or other person or entity who or which subcontracts for finished goods or services on behalf of the candidate, the disclosure statement shall include:

The expenditures made by the candidate to the consultant or other person or entity during the reporting period; and

For subcontracted goods and services, the name and address of the person or entity providing the services or goods, the amount(s) expended to that person or entity for subcontracted goods or services, and the purpose(s) of those goods and services; provided that, this disclosure shall be made in the manner provided by the Director.

4213.10 The candidate or treasurer shall verify that the disclosure statement is true and complete to the best of his or her knowledge, information and belief. The disclosure statement shall contain such signatures as may be required by the Director; provided that, to the extent a candidate is permitted to submit a disclosure statement in a non-electronic format, such disclosure statement will only be accepted by the Director if it contains an original signature from the candidate or the treasurer.

4213.11 The Director may, include in the public disclosure file, any document submitted with a disclosure statement, or requested by the Director, including, but not limited to copies of report filings, and submissions made by candidates after an election cycle.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4213

3 DCMR § 4214 RECORDKEEPING

4214.1 To ensure financial accountability, this chapter governs the recordkeeping procedures for the following:

Candidates seeking certification;

(b) Certified participating candidates;

4214.2 Each person who is required to file records under § 4214.1 shall obtain and preserve, from the date of registration, detailed records of all contributions and expenditures disclosed in reports and statements filed with the Director, including the following:

(a) Check stubs;

(b) Bank statements;

(d) Contributor cards and copies of donor checks;

(e) Credit card contributions, including merchant statements

(f) Deposit slips;

(g) Invoices;

(h) Receipts;

(i) Contracts;

(j) Subcontracts;

(k) Payroll records;

(l) Lease agreements;

(m) Petty cash journals, if applicable;

(n) Ledgers;

(o) Vouchers; and

(p) Loan documents including the source of the funds.

4214.3 All filers shall maintain the records required under § 4214.2 for a period of three (3) years from the date of the filing of the final Report of Receipts and Expenditures (R&E Report) under § 4212.

4214.4 The Director shall have access to:

(a) All books, records, accounts, reports, surveys, and other documentation deemed necessary by the Director for the administration and enforcement of this title; and

4214.5 All records, under this chapter, shall be made available for review and audit no later than fifteen (15) days after receipt of a written request by the Director, or thirty (30) days after receipt in the case of a full audit.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4214

3 DCMR § 4215 PENALTIES

4215.1 Penalties for any violations of this chapter shall be imposed pursuant to § 3711 of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4215

3 DCMR § 4216 COMPLAINTS

4216.1 Complaints concerning violations of the Fair Elections Act or Program by any participating candidate shall be filed, investigated and adjudicated pursuant to the rules of Chapter 37 of this title.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4216

3-43 THE VERIFICATION PROCESS

3 DCMR § 4300 THE VERIFICATION PROCESS

4300.1 The provisions of this chapter shall govern the verification process of contributions received by committees of candidates seeking to participate, and certified to participate in the public financing program.

4300.2 The Fair Election Division is tasked with reviewing disclosure statements filed by campaigns. The unit has created a verification process that is used during the review of disclosure statements.

4300.3 The verification process is used to uncover instances of noncompliance with the Fair Elections Amendment Act of 2018. The process detects possible fraud and prevents improper payment of public funds.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4300

3 DCMR § 4301 DISCLOSURE STATEMENTS

4301.1 Disclosure statements shall include (1) a report of the campaign’s transactions during the reporting period; and (2) documentation of the activity.

4301.2 Statement reviews shall be conducted to uncover non-compliance. The scope of statement reviews shall include the review of all contributions.

4301.3 Payment reviews shall be conducted with the objective of validating claims for matching funds. The scope of payment reviews shall include the examination of all contributions claimed for matching funds and the review of reports and documentation submitted by committees.

4301.4 The criteria for validating the matching payments for the qualified small dollar contributions of individual District residents include:

The contribution was reported correctly, completely and timely;

The contribution was from a permissible source;

The contribution was properly and completely documented;

The contribution was compliant with applicable limits; and

No other issues have been detected.

4301.5 If a contribution claimed for matching is invalid for any of the reasons listed in § 4301.4, an invalid code is applied.

4301.6 A campaign shall only be paid for valid matching claims.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4301

3 DCMR § 4302 SUPPORTING DOCUMENTATION

4302.1 The payment review process includes the review of reports and documentation submitted by committees. The documentation supports claims for public matching funds; documentation includes copies of cancelled checks, contribution cards (the signed receipt and Affidavit of the contributor), credit card processing documents, and bank statements and deposit slips.

4302.2 The initial review of reports and accompanying documentation is to validate payment requests. A second level review is completed and initial reviewer comments are addressed.

4302.3 The required documentation of payment by instrument type; must include:

Check – copy of cancelled check and contribution card;

Cash – copy of contribution card;

Money Order – copy of money order and contribution card;

Credit Card processed online – copy of processing documentation and contribution card information;

Credit Card processed by the Campaign – copy of credit card contribution card and card processing documentation; and

Debit Card processed by the Campaign – copy of debit cards contribution and card processing documentation.

4302.4 If the check is a starter check, and the signature does not appear to be the reported contributor name, the committee will be required to submit a contribution card. A contribution card is also required for contributions made by e-check. Bank/cashier’s/certified checks are to be treated as regular checks.

4302.5 The Office of Campaign Finance will also verify the receipt by the candidate and principal campaign committee of each qualified small dollar contribution from a District resident individual through the examination of cancelled checks, and the committee bank statements and deposit slips for the coverage period of the reported transaction.

4302.6 The claim for matching funds will not be matched where the examination of the cancelled checks, committee bank statements and deposit slips did not verify the actual receipt by deposit of the qualified small dollar contribution from a District resident individual.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4302

3 DCMR § 4303 CONTRIBUTION CARDS

4303.1 The required Elements of a contribution card (receipt and affirmation of the contributor), include:

The Committee Name;

The Instrument Code;

The dedicated place for contributor name and address;

The dedicated place for contributor employer and occupation information;

The affirmation statement; and

The dedicated place for signature and date.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4303

3 DCMR § 4304 CREDIT CARDS

4304.1 The required Elements for documentation of a credit card transaction include:

The contribution card, if necessary , where the information detailed in § 4303.1 of this section is not requested in the credit card transaction;

The correct credit card affirmation statement (either online webpage affirmation or signed contribution card);

The “Approved” or “Settled Successfully” notation;

Street and Zip Code match;

The last 4 digits of the credit card number; and

The merchant account name is the name of the committee or the campaign has provided documentation to link the two together.

4304.2 The committee must provide a contribution card for credit card contributions that are processed manually

4304.3 Contribution cards are not required for credit card contributions made online where the information detailed in § 4303.1 of this chapter is included in the credit card transaction.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4304

3 DCMR § 4305 INVALID CLAIMS

4305.1 Claims for matching funds will not be approved if:

The contribution is from an impermissible Source;

The contribution is not properly documented;

The contribution is improperly Reported

The contribution exceeds the contribution limits;

The contribution is not from an individual; or

The individual contributor is not a resident of the District of Columbia.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4305

3 DCMR § 4306 AFFIRMATION REQUIREMENTS

4306.1 The contributor must sign a Receipt and Affirmation Statement Form as prescribed by the Fair Elections Program.

4306.2 Claims for matching funds will not be matched if the affirmation statement is not included in the receipt of the contributor.

4306.3 Claims for matching funds will not be matched if the affirmation statement is not included in the campaign’s website where credit card contributions are processed online and on any third party fundraising sites used by the campaign.

4306.4 Claims for matching funds will not be matched when the affirmation statement deviates from the exact prescribed language.

4306.5 Contributions made by check, cash, money order or credit cards processed by a campaign committee require the contributor’s physical or digital signature if the contribution is collected on a digital or online platform.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4306

3 DCMR § 4307 REQUIREMENTS FOR DONATING EQUIPMENT

4307.1 All equipment purchased with matching funds shall be donated to a non-profit organization pursuant to § 4307.2, within sixty (60) days after a General or Special Election in an election cycle for which a participating candidate was on the ballot. Equipment is defined as any furniture or electronic or battery powered equipment purchased by a participating candidate’s campaign that costs at least fifty dollars ($50).

4307.2 Campaign equipment and surplus property shall be donated to a non-profit organization, within the meaning of Section 501(c)(3) of the Internal Revenue Code and operating in good standing in the District for minimum of one (1) calendar year prior to the date of the donation, which satisfies the following requirements:

Is unaffiliated with the candidate, the candidate’s immediate family; the principal campaign committee; the committee chair and treasurer and their immediate family; and

Any board of directors or similar governing body on which the candidate, the candidate’s immediate family, or committee chair or treasurer sits in its place.

History

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 4307

3-51 BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY

3 DCMR § 5100 ESTABLISHMENT AND AUTHORITY OF THE BOARD

5100.1 The Board of Ethics and Government Accountability (Board) is established pursuant to the authority and purposes set forth in the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (Act), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.)

5100.2 The Board is vested with authority to administer and enforce the provisions of Title II of the Act.

5100.3 The Board is composed of five (5) members, no more than three (3) of whom shall be members of the same political party, who are appointed by the Mayor and confirmed by the Council of the District of Columbia.

5100.4 The Mayor shall designate the Chairperson of the Board.

5100.5 The Board shall act by affirmative action of a majority of members present.

5100.6 In the event of a tie vote by the Board on a proposed action, including any proposed enforcement action, the proposed action will not take effect.

History

SOURCE: Final Rulemaking published at 60 DCR 739 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5100

3 DCMR § 5101 DIRECTOR OF GOVERNMENT ETHICS

5101.1 There is established the position of Director of Government Ethics pursuant to Section 206 of the Act.

5101.2 The Board shall select, employ, and fix the compensation of the Director of Government Ethics (Director) and such staff as the Board considers necessary to carry out the powers and duties assigned to the Director pursuant to Subtitle B of Title II of the Act.

5101.3 The Director shall serve at the pleasure of the Board.

History

SOURCE: Final Rulemaking published at 60 DCR 739 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5101

3 DCMR § 5102 BOARD MEETINGS

5102.1 Except as provided otherwise by the Act, a quorum of the Board shall consist of a majority of the sitting members of the Board.

5102.2 At the beginning of each calendar year, a preliminary schedule of regular meetings for the year, which the Board has discretion to change, shall be published in the D.C. Register.

5102.3 Regularly scheduled Board meetings shall be held on the first Thursday of each month, or at least once each month, at a time to be determined by the Board. Additional meetings may be called as needed by the Board.

5102.4 Notice of all regular and additional meetings of the Board shall be published on the Board's web site at least forty-eight (48) hours, or two (2) business days, in advance, whichever is greater, except in the case of emergency.

5102.5 The Board may exercise its discretion and reschedule a regular meeting or call special meetings when necessary with reasonable notice to the public.

5102.6 The Board encourages comments on any issue under the jurisdiction of the Board that is considered at its regular meetings. The Board shall permit the submission of written comments either in advance or within a time set after the regular meeting. The Board may also provide the public with a reasonable opportunity to appear before the Board and offer such comments. No public comment will be accepted when the Board is considering enforcement actions or is conducting an adversarial hearing.

5102.7 To ensure the orderly conduct of public Board meetings, public comments may be limited with respect to the number of speakers permitted and the amount of time allotted to each speaker; however, the Board shall not discriminate against any speaker on the basis of his or her position on a particular matter.

5102.8 Any member of the public who intends to comment regarding any agenda item or any issue under the jurisdiction of the Board is encouraged to notify the Board in advance of his or her intent to do so, providing his or her name and the topic on which he or she wishes to speak. Such notification may be provided by e-mail to the Board’s email address, by telephone, or by mail or in person at the Board’s office. No person shall be prevented from speaking at a Board meeting simply because he or she has not provided advance notice of his or her intent to do so.

5102.9 Members of the public who wish to submit items for consideration by the Board shall do so in writing one (1) week in advance and the Board may in its discretion include the submitted items on the agenda if it determines that the items’ subject matter is within the Board’s jurisdiction and there is sufficient time to address the item at the meeting Any item that was properly submitted to the Board but was not included on the agenda shall be included on the agenda of the next regularly scheduled meeting. Failure to submit an item in advance as required may, within the Board’s discretion; result in the matter being continued until the next regularly scheduled meeting.

5102.10 The Chairperson shall conduct the meetings of the Board. In the absence of the Chairperson, the senior member of the Board shall conduct the meeting.

5102.11 Each meeting shall begin with the adoption of the agenda, followed by the adoption of any outstanding minutes of previously conducted Board meetings, unless the minutes have been electronically recorded.

5102.12 The Director of Government Ethics shall present a report of the activities of that position at each regularly scheduled meeting. The Director of Open Government shall present a report of the activities of that position at each regularly scheduled meeting.

5102.13 Each Board member may properly make any and all motions.

5102.14 All meetings of the Board shall be open to the public and conducted in compliance with the Open Meetings Act (Open Meetings Act), effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.).

5102.15 The proposed agenda for each Board meeting shall be posted and made available for public inspection in the Board’s office and on its website at least twenty-four (24) hours prior to a meeting.

5102.16 Copies of the agenda shall be available to the public at the meeting.

5102.17 Nothing in this section shall preclude the Board from amending the agenda at the meeting.

5102.18 Meetings may be adjourned from time to time and resumed at the Board’s discretion so long as the time of resumption is announced to the public. Where the meeting is adjourned and resumed in less than forty-eight (48) hours or two (2) business days, the Board will provide notice of the date and time of its resumption on its website and by posting notice in the Board’s office. Where a meeting is adjourned to a time longer than forty-eight (48) hours or two (2) business days, the Board shall provide notice of the new day and time as required by the Open Meetings Act.

5102.19 Any individual who is deemed by the Board Chairperson to be disruptive to the meeting may be removed from the meeting.

History

SOURCE: Final Rulemaking published at 60 DCR 739 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019); as amended by Final Rulemaking published at 73 DCR 002308 (February 20, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5102

3 DCMR § 5103 CLOSED MEETINGS

5103.1 The Board may conduct closed meetings for the purposes described in Section 405(b) of the Open Meetings Act, including the following:

(b) Employee disciplinary actions;

(d) Quasi-judicial deliberations;

(e) Matters which would result in the disclosure of information specifically exempted from disclosure by statute;

(f) Matters which would result in the disclosure of trade secrets and commercial or financial information;

(g) Matters which would involve a clear and unwarranted invasion of privacy, an accusation of a crime, or formal censure; and

(h) Matters which would result in the disclosure of investigatory records compiled for law enforcement purposes.

History

SOURCE: Final Rulemaking published at 60 DCR 739 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5103

3 DCMR § 5104 ORDERS OF THE BOARD

5104.1 The Board shall issue all final orders in writing, signed manually or electronically. The Chairperson may sign an order, decision or other document that has been approved by the Board.

5104.2 Any Board member participating in a final order may issue a concurring or dissenting opinion to the final order, and such opinion shall be attached to the Board’s final order.

History

SOURCE: Final Rulemaking published at 60 DCR 739 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5104

3 DCMR § 5105 MINUTES OF MEETINGS AND OTHER BOARD RECORDS

5105.1 Pursuant to the Open Meetings Act, D.C. Official Code § 2-578, all meetings of the Board, whether open or closed, shall be recorded by electronic means; provided that if a recording is not feasible, detailed minutes of the meeting shall be kept.

5105.2 Copies of meeting records shall be made available for public inspection according to the following schedule; provided, that a record, or a portion of a record, may be withheld under the standard established for closed meetings pursuant to D.C. Official Code § 2-575(b):

(a) A copy of the minutes of a meeting shall be made available for public inspection as soon as practicable, but no later than three (3) business days after the meeting.

(b) A copy of the full record, including any recording or transcript, shall be made available for public inspection as soon as practicable, but no later than seven (7) business days after the meeting.

5105.3 Disclosure of all Board records, including meeting minutes or transcripts, shall be governed by the District of Columbia Freedom of Information Act, D.C. Official Code § 2-531 et seq. The Board shall, by Office Order, issue a schedule of fees, not to exceed the actual cost of searching for, reviewing, and making copies of records, consistent with the provisions of D.C. Official Code § 2-532(b-1) through (b-3).

History

SOURCE: Final Rulemaking published at 60 DCR 739 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5105

3-52 POLITICAL AND ETHICAL CONDUCT OF THE BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY

3 DCMR § 5200 PURPOSE AND SCOPE

5200.1 The purpose of this chapter is to establish standards of conduct for members and employees of the Board of Ethics and Government Accountability (Board) for their official activities in order to maintain public confidence in the integrity of those persons responsible for the administration of the ethics laws and the Code of Conduct, as that term is defined in Section 101(7) of the Act.

5200.2 The provisions of this chapter shall solely govern the political and ethical conduct of the members and employees of the Board and are not intended to be exclusive of rules governing the ethical conduct of all District of Columbia Government employees.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5200

3 DCMR § 5201 POLITICAL ACTIVITY OF MEMBERS OF THE BOARD

5201.1 Except as provided in this section, nothing in this chapter shall be construed as prohibiting the members or employees of the Board from doing any of the following:

(a) Exercising the right to vote at any election conducted in the District of Columbia or elsewhere;

(b) Signing any nominating, initiative, referendum, or recall petition; or

5201.2 No member of the Board shall do any of the following:

(a) Act as a leader or hold any office in a District political organization;

(b) Make speeches for a District political organization or candidate, or publicly endorse or oppose a District of Columbia candidate for public office;

(c) Solicit funds for, pay an assessment to, or make a contribution to a District political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a District of Columbia political organization or candidate; or

(d) Be a lobbyist.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5201

3 DCMR § 5202 ETHICAL CONDUCT

5202.1 A member or employee of the Board shall not directly or indirectly give any person who is not a member or employee of the Board access to official information obtained through or in connection with his or her employment which has not been released to the general public or which is not a matter of public record.

5202.2 A member or employee of the Board shall not solicit or accept, either directly or through the intercession of others, any fee, gift, gratuity, favor, loan, entertainment, or other thing of monetary value from any person, organization or entity which has done or is doing any of the following:

(a) Has obtained, or is seeking to obtain, contractual or other business or financial relationships with the Board;

(b) Conducts operations or activities that are regulated or examined by the Board; or

(c) Has interests that may be favorably affected by the action or inaction of the member employee in the performance of his or her official duties.

5202.3 The restrictions set forth in § 5202.2 shall not apply to any of the following:

(a) Bona fide personal relationships, such as those that exist between an employee or member and his or her parents, children, or spouse;

(b) The acceptance of loans from financial institutions on customary terms to finance the acquisition of a car, home, appliance, or other personal items; or

(c) The acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, and like items of nominal intrinsic value.

5202.4 A member or employee of the Board shall not use his or her status as a member to directly or indirectly attempt to influence any decision of the District government relating to any action that is not within the Board’s purview.

5202.5 A member or employee of the Board shall not directly or indirectly use or allow the use of government property of any kind, including office machines, motor vehicles, materials, supplies, or funds, for other than officially approved activities.

5202.6 Without prior approval of the Board, a member or employee of the Board shall not accept any reimbursement for expenses or receive any other honorarium or fee for any service, speech, or other activity which is rendered as a result of his or her official duties with the Board, whether or not such activities were performed during official working hours.

5202.7 Board members and employees shall not engage in any employment or outside activity which is incompatible with the full and proper discharge of their government responsibilities.

5202.8 No Board member or employee shall do indirectly (by, through, or with other persons) those acts or actions which the Board member or employee are prohibited from doing directly under the restrictions set forth in this chapter.

5202.9 No Board member may serve if, during the member's tenure on the Board, he or she is convicted of having committed a felony in the District of Columbia, or if the crime is committed elsewhere, convicted of an offense that would have been a felony if it had been committed in the District of Columbia.

5202.10 An employee shall promptly report to his or her immediate supervisor any attempt to direct or otherwise unlawfully influence the discharge of that employee’s official duties.

5202.11 A member of the Board or employee of the Board must refrain from acting on or discussing, formally or informally, a matter before the Board if the matter relates to, or may personally or financially benefit, that Board member or employee, their immediate family, or a business with which they are associated.

5202.12 A member of the Board or employee of the Board must refrain from acting on or discussing, formally or informally, a matter before the Board if his or her impartiality might reasonably be questioned, including but not limited to circumstances where the Board member or employee:

(a) Personally and substantially participated in the matter;

(b) Is a material witness concerning the matter;

(d) Has a personal bias or prejudice concerning a party or party’s lawyer or representative; or

(e) Has made a public statement, other than in a Board proceeding or opinion, that commits or appears to commit the Board member or employee to reach a particular result or rule in a particular way in the matter.

5202.13 If a member of the Board must withdraw from a matter before the Board, that member shall make a statement at a public meeting of the Board identifying the reason or reasons for the withdrawal. If the matter relates to a nonpublic investigation, the name of the individual who is the subject of the investigation shall not be disclosed without the individual’s consent.

5202.14 If an employee of the Board must withdraw from a matter before the Board, that employee shall notify the Director of Government Ethics, in writing, of the reason or reasons for the withdrawal.

5202.15 If the Director of Government Ethics must withdraw from a matter before the Board, the Director shall notify the Chairman of the Board, in writing, of the reason or reasons for the withdrawal.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5202

3-53 BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY: INVESTIGATIONS

3 DCMR § 5300 GENERAL PROVISIONS

5300.1 The provisions of this chapter shall establish the procedures for the conduct of all investigations by the Director of Government Ethics (Director) and the Board of Ethics and Government Accountability (Board) pursuant to the authority set forth in the Government Ethics Act of 2011 (Act), Title II of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01 et seq.) (2012 Supp.).

5300.2 Investigations shall be conducted:

(a) Fairly and professionally;

(b) So as to protect the rights and reputations of public employees and officials; and

5300.3 Investigations shall be identified as one (1) of the following:

(a) Preliminary Investigation; or

(b) Formal Investigation.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5300

3 DCMR § 5301 PRELIMINARY INVESTIGATIONS

5301.1 The Director shall conduct a preliminary investigation of a possible violation of the Code of Conduct or of the Act brought to the attention of the Director by any source including but not limited to the following:

(a) The media;

(b) A tip received through the hotline; or

5301.2 If during or after the preliminary investigation, the Director of Government Ethics has reason to believe that a violation of the Code of Conduct or of the Act may have occurred, the Director shall present evidence of the violation to the Board.

5301.3 Upon presentation of evidence, the Ethics Board may authorize a formal investigation and the issuance of subpoenas if it finds reason to believe a violation has occurred.

5301.4 A preliminary investigation may be dismissed at any time by the Director or Board if insufficient evidence exists to support a reasonable belief that a violation has occurred.

5301.5 The identity of an individual who is the subject of the preliminary investigation shall not be disclosed without the individual's consent unless or until the Board finds reason to believe that the individual has committed a violation and that disclosure would not harm the investigation.

5301.6 In conducting a preliminary investigation, the Director shall have the authority to gather evidence using any of the powers and procedures described in § 5303.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5301

3 DCMR § 5302 FORMAL INVESTIGATIONS

5302.1 A formal investigation shall be initiated upon:

(a) Receipt of a written complaint transmitted to the Board;

(b) A finding by the Office of the Inspector General or District of Columbia Auditor of waste, fraud, abuse of government resources, or a violation of the Code of Conduct; or

(c) A finding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or offenses that may constitute violations of the Code of Conduct or of the Act.

5302.2 A written complaint shall include:

(a) The full name and address of the complainant and the respondent;

(b) A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of the Act;

(d) A verification of the complaint under oath; and

(e) Supporting documentation, if any.

5302.3 No complaint may be made later than five (5) years after the discovery of the alleged violation.

5302.4 An individual making a complaint shall be afforded all available protections from adverse employment action or retaliation in accordance with the District of Columbia Government Comprehensive Merit Personnel Act and Title II of the Whistleblower Reinforcement Act of 1998, effective October 7, 1998 (D.C. Law 12-160; D.C. Official Code §§ 2-223.01 et seq.).

5302.5 Within thirty (30) business days of the initiation of a formal investigation, the Director shall cause evidence concerning the complaint to be presented to the Board with the potential for a 15-business-day extension to be granted by the Board. If the Board decides that there is a reasonable belief that a violation has occurred, the Board may authorize the issuance of subpoenas.

5302.6 The Superior Court of the District of Columbia may, upon petition by the Board through the Director, in case of refusal to obey a subpoena or order of the Board issued under § 5302.5, issue an order requiring compliance; and any failure to obey the order of the court may be treated by the court as contempt.

5302.7 The identity of an individual who is the subject of a written complaint transmitted to the Board, other than pursuant to § 5302.1(b) and (c), shall not be disclosed without the individual’s consent unless or until the Board finds reason to believe that the individual has committed a violation and the Board finds that disclosure would not harm the investigation.

5302.8 Notwithstanding § 5302.7, the Board may, in its discretion, publicly disclose the existence of any investigation.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5302

3 DCMR § 5303 DIRECTOR OF GOVERNMENT ETHICS AUTHORITY TO OBTAIN INFORMATION

5303.1 The Director of Government Ethics (Director) shall have the authority to obtain documents, written reports, and answers relating to the enforcement of the Government Ethics Act of 2011 (Act), Title II of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01 et seq.) (2012 Supp.).

5303.2 The Director’s authority includes the power to:

(a) Require any person to submit, within a reasonable period and under oath or otherwise as the Director may determine, written reports, and answers to questions that the Director may propound relating to the administration and enforcement of the Act;

(b) Administer oaths;

(c) Require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Board's duties; provided, that subpoenas issued under this paragraph shall be issued by the Director only upon approval of a majority of the Board and served either personally or by certified or registered mail on the individual named in the subpoena, or by other means agreed to by the individual named in the subpoena;

(d) Order testimony to be taken by deposition in a proceeding or investigation before any person who is designated by the Director and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under the Act;

(e) Pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia;

(f) Institute or conduct, on the Director’s own motion, a preliminary investigation into alleged violations of the Code of Conduct or other violations of the Act;

(g) Retain, on a temporary basis, consultants, including attorneys or others; and

(h) Require any person to submit required reports or documents through an electronic format or medium.

5303.3 If an employee or official of the District government has been properly served a request for information or documents, or notice of deposition and any applicable witness fee, and that employee or official fails to respond to such a request or appear or participate in a deposition, then the Director or the Board may notify the supervisor or superior of that employee or official and recommend that appropriate personnel action be commenced for such failure. Nothing in this section shall affect the ability of the Board to seek enforcement of a subpoena before the Superior Court of the District of Columbia.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 61 DCR 6198 (June 20, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5303

3-54 BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY: ADVERSARIAL HEARINGS, APPEALS, AND ADVISORY OPINIONS

3 DCMR § 5400 GENERAL PROVISIONS

5400.1 The provisions of this chapter shall establish general procedures for the conduct of all adversarial hearings and appeals, and the issuance of advisory opinions by the Director of Government Ethics (Director) and the Board of Ethics and Government Accountability (Board) pursuant to the authority set forth in the Government Ethics Act of 2011 (Act), Title II of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01 et seq.) (2012 Supp.).

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5400

3 DCMR § 5401 ADVERSARIAL HEARING

5401.1 After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director pursuant to § 5301.2 or § 5302.5, the Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. The Director may delegate the presentation of evidence to the General Counsel or other lawyer employed by the Board.

5401.2 A hearing need not be conducted if a matter is dismissed pursuant to § 5403, or is the subject of a negotiated disposition under chapter 59 of this title.

5401.3 If the Director fails to present a matter, or advises the Board that insufficient evidence exists to present a matter or that an additional period of time is needed to investigate a matter further, the Board may nonetheless order the Director to present the matter as provided in § 5401.1.

5401.4 Any hearing under this section shall be on the record and shall be held in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.).

5401.5 Any witness has a right to refuse to answer a question that might tend to incriminate the witness by claiming his or her Fifth Amendment privilege against self-incrimination.

5401.6 Any person who has been assessed fees pursuant to § 5403.2 may file a request for an adversarial hearing with the Board.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5401

3 DCMR § 5402 DISPOSITION

5402.1 Following the presentation of evidence to the Board by the Director in an adversarial hearing, the Board may take one or more of the following actions:

(a) Levy a civil penalty in accordance with the Act;

(b) Refer the matter to the United States Attorney for the District of Columbia for enforcement or prosecution;

(d) Dismiss the action.

5402.2 [Repealed.]

5402.3 In addition to an action taken pursuant to § 5402.1, the Board may take any other remedial action pursuant to authority granted it by the Act.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5402

3 DCMR § 5403 DISMISSAL OF MERITLESS CLAIM, COMPLAINT, OR REQUEST FOR INVESTIGATION

5403.1 The Board may dismiss, at any stage of the proceedings, any claim, complaint, request for investigation, investigation, or portion of an investigation that the Ethics Board finds to be without merit.

5403.2 The Ethics Board may require a person who made or caused to be made a claim, complaint, or request for investigation in bad faith and without merit to pay reasonable fees for time spent reviewing or investigating the claim, complaint, or request for investigation including reasonable attorney’s fees for the individual wrongfully named in the claim, complaint, or request for investigation.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5403

3 DCMR § 5404 APPEALS

5404.1 Appeals of any final order issued or fine levied by the Board in accordance with the Act or regulations promulgated pursuant to the Act shall be made to the Superior Court of the District of Columbia within twenty (20) days of the date the Board or Director’s final order or fine is served upon a person subject to the final order or fine.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5404

3 DCMR § 5405 ADVISORY OPINIONS

5405.1 Upon application made by an employee or public official subject to the Code of Conduct, the Board or the Director shall, within a reasonable period of time, provide an advisory opinion as to whether a specific transaction or activity inquired of would constitute a violation of a provision of the Code of Conduct over which the Board has primary jurisdiction.

5405.2 An advisory opinion shall be published in the District of Columbia Register within thirty (30) days of its issuance; provided, that the identity of a person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without the person’s prior consent in writing. Where consent is not obtained, the name of the requester shall be removed prior to publication.

5405.3 There shall be no enforcement of a violation of the Code of Conduct taken against an employee or public official who relied in good faith upon an advisory opinion requested by that employee or public official and substantially complied with the advice or recommendation given in the advisory opinion; provided, that the employee or public official, in seeking the advisory opinion, made full and accurate disclosure of all relevant circumstances and information.

5405.4 A request for an advisory opinion shall be in writing, signed by the requestor, and filed with the Director. The Director may accept email requests for advisory opinions.

5405.5 A request for an advisory opinion shall contain the following:

(a) The full name, residence address, and telephone number of the requestor; and

(b) A clear and concise statement of the facts relating to the specific transaction or activity which is the subject of the inquiry.

5405.6 Nothing in this Chapter shall prevent the Director from providing informal advice or guidance to an employee or public official by referring that employee or official to a published advisory opinion or established guidance contained in the District’s Ethics Manual or other reference source. Such informal advice or guidance need not be published in the District of Columbia Register and does not provide the employee with protections described in § 5405.3.

5405.7 The Director of Government Ethics may issue, on his or her own initiative, an advisory opinion on any general question of law he or she considers of sufficient public importance concerning a provision of the Code of Conduct over which the Board has primary jurisdiction. Before an advisory opinion is issued under this subsection, the Director of Government Ethics shall publish a notice of the proposed advisory opinion in the District of Columbia Register and provide a public-comment period of at least 30 days, during which a person may submit information or comment on the proposed advisory opinion. An advisory opinion that does not meet the procedural requirements of this paragraph shall be void ab initio.

5405.8 If an advisory opinion is issued by the Director of Government Ethics in response to a request for an advisory opinion, the requesting employee or public official may appeal the opinion for consideration by the Board. If the Director of Government Ethics issues an advisory opinion on his or her own initiative, an employee or public official aggrieved by the opinion may appeal the opinion for consideration by the Ethics Board.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5405

3-55 BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY: HEARING PROCEDURES

3 DCMR § 5500 GENERAL PROVISIONS

5500.1 The provisions of this chapter shall govern the procedures of the Board of Ethics and Government Accountability when conducting adversarial hearings and other meetings pursuant to the authority set forth in the Government Ethics Act of 2011 (Act), Title II of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.) (2012 Supp.).

5500.2 In any conflict within this chapter between general and specific provisions, the specific provisions shall govern.

5500.3 In any conflict between this chapter and the D.C. Administrative Procedure Act, D.C. Official Code § 2-501 et seq. (2011 Repl.), the D.C. Administrative Procedure Act shall govern.

5500.4 The Director of Government Ethics (Director) shall issue, and from time to time revise, complaint forms and instructions to ensure presentation of adequate information required for the understanding and processing of complaints. All such materials shall be available on the Board’s website.

5500.5 The Board may, for good cause shown, waive any of the provisions of this chapter if, in the judgment of the Board, the waiver will not prejudice the rights of any party and is not otherwise prohibited by law.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5500

3 DCMR § 5501 COMPUTATION OF TIME

5501.1 In computing any period of time prescribed or allowed by these rules or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

5501.2 The last day of the computed period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.

5501.3 When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation unless an applicable statute expressly provides otherwise.

5501.4 For the purposes of this chapter, "legal holiday" includes the following:

(a) New Year’s Day;

(b) Martin Luther King’s Birthday;

(d) District of Columbia Emancipation Day;

(e) Memorial Day;

(f) Independence Day (4th of July);

(g) Labor Day;

(h) Columbus Day;

(i) Veterans Day;

(j) Thanksgiving Day;

(k) Christmas Day; and

(l) Any other day designated a legal holiday by the President of the United States or the District of Columbia government.

5501.5 When an act is required or allowed to be done at or within a specified time, the Board may at any time in its discretion and for cause shown, do either of the following:

(b) Upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5501

3 DCMR § 5502 NOTICE OF HEARINGS

5502.1 The parties shall be given sufficient opportunity to prepare for the hearing.

5502.2 The Board shall send a notice of hearing to the party or parties involved which shall:

(a) Provide the time, date, and location of the hearing;

(b) Reference applicable statutes, rules, or regulations;

(d) Advise the party or parties that they may be represented by counsel or other representative of their choosing; and

(e) Advise the party or parties that they may bring witnesses.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5502

3 DCMR § 5503 APPEARANCES AND REPRESENTATION

5503.1 In a proceeding before the Board, any person or party may appear on his or her own behalf.

5503.2 Any person or party may be represented by any other person duly authorized in writing to do so.

5503.3 The authorization shall be on a form prescribed by the Board and shall state either that the individual is an attorney duly licensed to practice law in the District, or if not an attorney, that the authorization includes the power of the agent or representative to bind the person in the matter before the Board.

5503.4 If any person or party waives the right to be present at a hearing or fails to appear at a hearing, the Board may proceed ex parte, unless the Board extends the time of the hearing or unless the person’s appearance is required by statute.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5503

3 DCMR § 5504 SERVICE OF PAPERS

5504.1 Any paper required to be served upon a party shall be served upon him or her or upon the representative designated by him or her, or on any person otherwise designated by law to receive service of papers.

5504.2 When a party has appeared through an attorney or representative, service shall be made upon the attorney or representative of record.

5504.3 Service may be made by personal delivery, by mail, by email, or as otherwise authorized by law.

5504.4 Service upon a party shall be completed as follows:

(a) By personal delivery, on handing the paper to the person to be served, or leaving it at his or her office with his or her administrative assistant or time clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, by leaving it at his or her usual place of residence with some person of suitable age and discretion then residing in that place;

(b) By email, by sending the paper electronically to his or her District Government email address or to the email address of his or her attorney or representative as listed on the written appearance submitted pursuant to § 5503.

(d) Upon being served in the specific manner prescribed by an order of the Board made in any proceeding.

5504.5 Where there are numerous parties to a proceeding, by written order the Board may make special provisions regarding the service of papers.

5504.6 Proof of service, stating the name and address of the person on whom served and the manner and date of service, shall be shown for each document served.

5504.7 Proof of service may be made by any of the following means:

(a) Written acknowledgment of the party served or his or her attorney of record;

(b) The certificate of the attorney of record if he or she has made the service; or

5504.8 For the purposes of this chapter, the phrase "filing with the Board," means the delivery to, and receipt by, the Chairperson of the Board or the Board’s attorney, of pleadings and other papers.

5504.9 All documents filed with the Board relating to a hearing or formal investigation shall bear a caption which identifies the subject of the investigation, the Board’s case or reference number, and the title of the pleading or document.

5504.10 All documents filed with the Board shall be printed on letter-sized paper using a font no smaller than 12 point.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5504

3 DCMR § 5505 RECORD OF MEETINGS AND HEARINGS

5505.1 All meetings whether open or closed shall be recorded by electronic means; provided, that if a recording is not feasible, detailed minutes of the meeting shall be kept.

5505.2 For all open meetings or hearings, copies of records shall be made available for public inspection according to the following schedule:

(a) In accordance with section 408 of the Open Meetings Act (D.C. Official Code § 2-578), for a meeting, a copy of the minutes of a meeting or the recording, shall be made available for public inspection as soon as practicable, but no later than 3 business days after the meeting.

(b) For an adversarial hearing, a copy of the full record, including any recording or transcript, shall be made available for public inspection as soon as practicable, but no later than 7 business days after the meeting.

5505.3 The minutes of Board meetings shall include the vote of each member of any ruling of the Board.

5505.4 Copies of the official transcript shall be available to parties and to the public upon payment to the Board of the charges fixed for the copies.

5505.5 Changes in the official transcript may be made only when they involve errors affecting substance and upon the filing of a motion by a party to correct a transcript with the Board.

5505.6 Copies of the motion to correct a transcript shall be served simultaneously on all opposing parties or legal representatives.

5505.7 Objections to the motion to correct a transcript shall be filed with the Board within five (5) days and served upon the parties.

5505.8 The transcript may be changed by the Board at a public meeting to reflect any corrections.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5505

3 DCMR § 5506 MEETINGS AND HEARINGS

5506.1 Hearings shall be scheduled as needed for the purpose of receiving evidence and testimony on specific matters.

5506.2 Meetings and hearings shall be held at the time and place the Board or the Chairperson designates.

5506.3 A member absent at the decision meeting on any matter may cast an absentee vote only if the member attended all other of the meetings or hearings on a matter before Board.

5506.4 A member attending the decision meeting and having read the transcript and reviewed the complete record may vote even though that member may not have attended any or all of the prior meetings or hearings on a matter before the Board.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5506

3 DCMR § 5507 EVIDENCE

5507.1 Evidence shall be taken in conformity with D.C. Official Code § 2-509(b).

5507.2 The Board may permit rebuttal evidence.

5507.3 Any party objecting to the admissibility of evidence shall state the grounds of the objection(s) relied upon.

5507.4 A party may place on the record a statement summarizing any evidence excluded by the Board.

5507.5 If excluded evidence consists of documentary evidence, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

5507.6 The Board, in its discretion, may receive into evidence certified copies of documents in place of the originals.

5507.7 If a party is offering materials contained in a book or larger document, that party shall plainly designate the relevant portions. The remaining material contained in that book or document shall be excluded.

5507.8 No document or other writing shall be accepted for the record after the close of the hearing, except with the consent of the Board after due notice to the opposing parties and only when the receipt of the document will not unfairly affect the interest of a party.

5507.9 During an adversarial hearing under § 5517, witnesses may be examined or cross-examined by the Board, the Director, respondent, or any party so designated by the Board pursuant to this chapter.

5507.10 During a meeting to consider a rulemaking conducted under § 5525, witnesses may be examined only by the Board.

5507.11 The Board may admit hearsay evidence during an adversarial hearing if it determines it will be relevant and material to the resolution of any factual issue in dispute in the matter before the Board.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5507

3 DCMR § 5508 COMMENCEMENT OF ADVERSARIAL HEARING

5508.1 An adversarial hearing before the Board shall be commenced by the filing of a written notice of violation in the name of the Board, which shall be signed by the Chairperson.

5508.2 The employee(s) or official(s) that is (are) the subject of the notice of violation shall be referred to as the Respondent(s) in the notice of violation.

5508.3 The Board may consolidate notice of violations if they relate to the same actions or events or raise common questions of law or fact.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5508

3 DCMR § 5509 GENERAL RULES OF PLEADING

5509.1 A notice of violation shall contain the following:

(a) A short and plain statement of the grounds upon which the Board’s jurisdiction depends;

(b) The full names, residence addresses, if known, position, title, agency, and telephone numbers of the respondent(s);

(d) A description of the respondent’s right to a hearing and all procedural rights available to the respondent at the hearing;

(e) A description of the applicable law and regulations that govern the disposition in a notice of violation should the respondent choose not to file a response or fail to appear at a scheduled hearing; and

(f) The deadline for filing a response.

5509.2 A respondent shall file with the Board, and serve a copy upon the Director and any other respondents identified in the notice of violation, a response that states in short and plain terms his or her defenses to each violation alleged and shall admit or deny the averments upon which the notice of violation relies. A respondent shall serve his or her response within fifteen (15) days after the service of the notice of violation upon him or her.

5509.3 If a respondent is without knowledge or information sufficient to form a belief as to the truth of an averment, he or she shall so state. This statement shall have the effect of a denial.

5509.4 When a respondent intends in good faith to deny only a part of an allegation, he or she shall specify so much of the allegation as is true and shall deny only the remainder.

5509.5 A respondent may, unless he or she intends in good faith to controvert all the allegations in a notice of violation, deny as specific denials of designated allegations or paragraphs, or the respondent may generally deny all the allegations except the designated allegations or paragraphs as the respondent expressly admits.

5509.6 When a respondent intends to controvert all the allegations of the notice of violation, including allegations of the grounds upon which the Board’s jurisdiction depends, the respondent party may do so by general denial. If a respondent chooses not to file a response, the Board shall treat such action as a general denial.

5509.7 A respondent shall raise any of the following defenses at the time he or she files a response:

(a) Lack of jurisdiction over the subject matter;

(b) Lack of jurisdiction over the person;

(d) Insufficiency of service of process.

5509.8 The Director shall file any opposition to a § 5509.7 defense raised by a respondent within ten (10) days after service of a response on the Board.

5509.9 No technical forms of pleadings or motions shall be required.

5509.10 The Board or respondent may set forth two (2) or more statements of a charge, challenge, or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5509

3 DCMR § 5510 SIGNING OF PLEADINGS

5510.1 Each pleading of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, and the attorney’s address, email address, and telephone number shall be stated.

5510.2 A party who is not represented by an attorney shall sign each pleading and state his or her address, email address, and telephone number.

5510.3 Except when otherwise specifically provided by law, pleadings need not be verified or accompanied by affidavit.

5510.4 The signature of an attorney shall constitute a certificate by that attorney that he or she has read the pleading; that to the best of his or her knowledge, information, and belief there are grounds to support it; and that it is not interposed for delay.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5510

3 DCMR § 5511 PRE-HEARING CONFERENCES AND DISCOVERY

5511.1 Prior to any scheduled adversarial hearing, the Board may require that the respondent or his or her attorney or representative appear for a pre-hearing conference with the Director to consider the following:

(a) Simplification of the issues;

(b) The necessity or desirability of amendments to the pleadings;

(d) Limitation of the number of witnesses; and

(e) Other matters which may aid in the disposition of the notice of violation.

5511.2 The Board may require the Director and the respondent(s) to submit a pre-hearing statement to the Board which recites the action taken at the conference, the amendments allowed to the pleadings by agreement of the parties, and the agreements made by the parties as to any of the matters considered which limit the issues for hearing to those issues not disposed of by admissions or agreements of counsel or parties.

5511.3 Upon the request of the respondent, the Director must disclose to the respondent and make available for inspection, copying, or photographing any relevant written or recorded statements made by the respondent and any books, papers, documents, photographs, tangible objects, or other evidence which is in the possession of the Director and which:

(a) The Director intends to introduce at the hearing; or

(b) Are material to the preparation of the respondent’s defense.

5511.4 Upon the request of the Director, the respondent must disclose to the Director and make available for inspection, copying or photographing any evidence that the respondent intends to introduce at the hearing.

5511.5 The Director and the respondent shall exchange a list of expected witnesses that may be called at the hearing.

5511.6 Unless otherwise required by the Board, the disclosures required by §§ 5511.3, 5511.4, and 5511.5 shall be completed no later than ten (10) days in advance of the adversarial hearing.

5511.7 In its discretion, the Board may exclude the introduction of evidence or the testimony of witnesses that a party failed to disclose as required by §§ 5511.3, 5511.4, and 5511.5.

5511.8 The Board may issue a pre-hearing order concerning the timing and manner of discovery and any pretrial motions or orders.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5511

3 DCMR § 5512 STIPULATIONS

5512.1 Apart from stipulations reached during or as a result of the pre-hearing conference, the parties may stipulate in writing at any stage in the proceeding or orally during the hearing any relevant fact or the contents or authenticity of any document.

5512.2 Post-conference stipulations may be received as evidence.

5512.3 Parties may also stipulate the procedure to be followed in the proceeding and such stipulation may, on motion of all parties, be approved by the Board and govern the conduct of the proceeding.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5512

3 DCMR § 5513 CONTINUANCES

5513.1 A hearing scheduled to be conducted before the Board shall not be delayed by a continuance unless a motion for the continuance is made not less than five (5) days before the scheduled hearing date.

5513.2 A continuance shall not be granted unless the motion for continuance, in the Board’s opinion, sets forth good and sufficient cause for the continuance.

5513.3 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel shall not be regarded as sufficient cause for continuance unless set forth in a motion filed promptly after notice of the hearing has been given.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5513

3 DCMR § 5514 NONAPPEARANCE OF PARTIES AND DEFAULTS

5514.1 The Board may wait a reasonable length of time for a party to appear before beginning a proceeding. After a reasonable time, however, if a party who has received notice has not appeared, the Chairperson may proceed as follows:

The Chairperson may proceed with the hearing, obtain the testimony of those persons present, and, on the basis of the testimony and the record, the Board may issue a decision in the case; or

The Chairman, for good and sufficient cause, may postpone the hearing without taking testimony.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5514

3 DCMR § 5515 [RESERVED]

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5515

3 DCMR § 5516 INTERPRETERS

5516.1 The Board shall ascertain before the hearing whether an interpreter will be required and make appropriate arrangements.

5516.2 An oath or affirmation shall be administered to the interpreter orally or in writing.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5516

3 DCMR § 5517 SPECIFIC RULES OF HEARING PROCEDURE

5517.1 All parties shall have the right to produce evidence and witnesses on their behalf and to rebut or explain testimony or evidence against them.

5517.2 All parties have the right to cross-examine other parties and witnesses and to offer argument or explanation in support of their positions or contentions.

5517.3 A party may cross-examine any other party or person, except that the Board, through the Chairperson, may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious.

5517.4 Witnesses shall be examined and cross-examined orally under oath or affirmation.

5517.5 The order of procedure for presenting evidence at the hearing shall be as follows:

(a) Call to order and opening statements by the Chairperson and members of the Board;

(b) Introductory statement by Director or staff;

(d) Consideration of pending motions and procedural matters;

(e) The Director’s case;

(f) The respondent’s case; and

(g) Any rebuttal offered by the Director.

5517.6 If there is more than one respondent, the respondents shall stipulate their order of presentation. If the respondents are unable to agree, the Chairperson shall set the order.

5517.7 In an adversarial hearing no decision or order of the Board shall be made except upon the exclusive record of the proceedings before the Board.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5517

3 DCMR § 5518 BURDEN OF PROOF

5518.1 In all cases involving a notice of violation, the Director has the burden of persuading the Board that a violation has occurred by substantial evidence.

5518.2 The Director has the burden of producing evidence of a prima facie case that a respondent has committed a violation. Whenever a respondent asserts an affirmative defense to a notice of violation, the respondent will bear the burden of producing sufficient evidence to establish the affirmative defense.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5518

3 DCMR § 5519 POST-HEARING PROCEDURES: GENERAL

5519.1 The record shall be closed at the end of the public hearing, except that the record may be kept open for a stated period for the receipt of specific exhibits, information, or legal briefs, as directed by the Board.

5519.2 Prior to filing the final decision, the Board may, on its own motion, reopen the record and require further hearing or briefing on designated issues before the Board.

5519.3 Notice of a further hearing along with a designation of issues shall be forwarded to any party who participated in the earlier proceedings, or his or her legal representative. Notice shall be given at least fourteen (14) days prior to the date set for further hearing.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5519

3 DCMR § 5520 PROPOSED FINDINGS

5520.1 The Board may request parties to submit proposed findings of fact and conclusions of law for the consideration of the Board within the time as the Chairperson may direct.

5520.2 Copies of proposed findings and conclusions shall be served by each party upon all other parties.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5520

3 DCMR § 5521 FINAL DECISION

5521.1 Within a reasonable time after the conclusion of the hearing, the Board shall render its decision setting forth findings of fact and conclusions of law and giving the reasons for the decision.

5521.2 There shall be a written decision setting forth findings of fact and conclusions of law and giving the reasons for the decision.

5521.3 The conclusions or opinion in the decision shall be governed by and based upon all the evidence adduced at the hearing.

5521.4 A decision shall be supported by substantial evidence on the record. Pursuant to the substantial evidence rule, courts shall uphold an administrative determination of fact if on the entire record the determination is rationally supportable and could have been arrived at reasonably.

5521.5 The decision shall include a description of any action(s) the Board takes pursuant to § 5402 (Disposition).

5521.6 The decision shall include an instruction that the respondent shall refer to § 5404 to determine the respondent’s right to appeal.

5521.7 The decision shall be served promptly on all parties or their attorneys or representatives. In its discretion, the Board may announce its decision at a public hearing.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5521

3 DCMR § 5522 RECONSIDERATION

5522.1 A motion for reconsideration, rehearing, or re-argument of a final decision in a contested case proceeding pursuant to § 5517 shall be filed by a party within ten (10) days of the order having become final. The motion shall be served upon all other parties. The Board shall not receive or consider any motion for reconsideration, rehearing, or re-argument of a final decision in a contested case proceeding that is filed prior to the order having become final.

5522.2 A motion for reconsideration, rehearing, or re-argument shall state specifically the respects in which the final decision is claimed to be erroneous, the grounds of the motion, and the relief sought.

5522.3 Within seven (7) days after a motion has been filed and served, any other party may file a response in opposition to or in support of the motion.

5522.4 Neither the filing nor the granting of the motion shall stay a decision unless the Board orders otherwise.

5522.5 A motion for reconsideration, rehearing, or re-argument shall not be a prerequisite to judicial review.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5522

3 DCMR § 5523 SUBPOENAS AND DEPOSITIONS

5523.1 The Board may require by subpoena the attendance and testimony of witnesses and the production of documentary evidence.

5523.2 Each subpoena issued by the Board shall include the following:

(a) The name of the respondent;

(b) The title of the action;

(d) A command to the person to whom it is directed to attend and give testimony at a time and place specified in the subpoena; or

(e) A command to the person to whom it is directed to produce and permit inspection and copying of the books, papers, documents, or tangible things designated in the subpoena.

5523.3 Any party may, by a written motion, request the Board to subpoena particular persons or evidence.

5523.4 A request for subpoena shall state the relevancy, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, the identification of all documents desired and the facts to be proven by them in sufficient detail to indicate materiality and relevancy.

5523.5 Any person to whom a subpoena is directed may, prior to the time specified in the subpoena for compliance, request the Board to quash or modify the subpoena.

5523.6 Any application to quash a subpoena shall be accompanied by a brief statement of the reasons supporting the motion to quash.

5523.7 The Board may quash or modify the subpoena upon a showing of good cause.

5523.8 Upon written notice the Board may order testimony to be taken by deposition, before any person who is designated by the Board to administer oaths.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5523

3 DCMR § 5524 SERVICE OF SUBPOENA OR NOTICE OF DEPOSITION

5524.1 A subpoena or notice of deposition may be served by any person who is not a party and is not less than eighteen (18) years of age. Service of a subpoena or notice upon a person named therein shall be made by delivering a copy of the subpoena to the person and, if the person’s attendance is commanded, by tendering to that person the fees for one day’s attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or the District of Columbia or an officer or agency thereof, fees and mileage need not be tendered.

5524.2 Witnesses are entitled to a witness fee of forty dollars ($40) per day and the cost of public transportation to the proceeding or a mileage fee calculated at seventeen cents (17¢) per mile.

5524.3 Service of a subpoena or notice and fees to an individual may be made by any of the following means:

(a) Handing the subpoena or notice to the person;

(b) Leaving the subpoena or notice at the person’s District Government office with the person in charge of the office;

(c) Leaving the subpoena or notice at the person’s dwelling place or usual place of abode with some person of suitable age and discretion then residing in that dwelling place or abode; or

(d) Mailing the subpoena or notice by registered or certified mail to the person at the person’s last known address.

5524.4 When the person to be served is not an individual, a copy of the subpoena or notice of the deposition and fees shall be delivered by one (1) of the following ways:

(a) Handing the subpoena or notice to a registered agent for service;

(b) Handing the subpoena or notice to any officer, director, or agent in charge of any office of that person; or

(c) Mailing the subpoena or notice by registered or certified mail to the representative at his or her last known address.

5524.5 The individual serving a subpoena shall file with the Board a return of service setting forth the facts establishing proper service.

5524.6 The Board may, upon the failure by any person to obey a subpoena served upon that person, apply to the D.C. Superior Court for an order requiring the person to appear before the Board to give testimony, produce evidence, or both. If a person fails to obey the order without an adequate excuse, the Board may apply for an order that the person be held by the court for contempt.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5524

3 DCMR § 5525 RULEMAKING HEARINGS

5525.1 At its discretion, the Board may from time to time schedule public hearings to obtain comment on a proposed rulemaking. The rules of procedure set forth in this section shall apply to rulemaking hearings.

5525.2 Any person may appear at a rulemaking hearing and may present, within the time limits determined by the Board, evidence, testimony, or argument that is relevant and not unduly repetitious.

5525.3 No person shall have the standing of a party in a rulemaking hearing.

5525.4 In those instances in which a petition for rulemaking has been filed with the Board by a member of the public pursuant to the District of Columbia Administrative Procedure Act, and where the Board in its discretion schedules a public hearing, the order of procedure at the hearing shall be as follows:

(a) Call to order and opening statement by the Chairperson and Board members;

(b) Introductory statement by the Director, General Counsel, or other staff designated by the Board;

(d) Petitioner’s case;

(e) Persons in support of the petition; and

(f) Persons in opposition to the petition.

History

SOURCE: Final Rulemaking published at 60 DCR 747 (January 25, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5525

3 DCMR § 5530 INFORMAL HEARING FOR ALLEGED VIOLATIONS OF THE CODE OF CONDUCT

5530.1 The Director may institute or conduct an informal hearing, including an order to show cause, on alleged violations of the financial reporting and disclosure requirements, or any other violation of the Code of Conduct.

5530.2 Notice of an informal hearing shall be issued in writing at least ten (10) days prior to the hearing; provided that the ten (10)-day period may be waived for good cause shown as long as the party is given a sufficient opportunity to prepare for the hearing.

5530.3 In the notice, an alleged violator of the financial reporting and disclosure requirements or of the Code of Conduct shall be informed of:

(a) The nature of the alleged violation;

(b) The authority on which the hearing is based;

(d) The right to be represented by any other person duly authorized in person to do so;

(e) The fact that the alleged violator’s failure to appear may be considered an admission of the allegation; and

(f) The fact that service of process shall be by electronic or regular mail.

5530.4 The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.

5530.5 The respondent, or his or her counsel, may present the respondent’s case and evidence to the Director, either in person or in writing.

5530.6 The Director may wait a reasonable period of time for the respondent to appear before beginning the informal hearing.

5530.7 If the respondent fails to appear after a reasonable period of time, the Director may elect to reschedule the informal hearing, issuing notice of the same and serving the respondent both by certified and regular mail. However, the Director is not obligated to reschedule the informal hearing if the respondent fails to appear after a reasonable period of time, and may elect to proceed with the informal hearing by making a record of the proceeding.

5530.8 Following the conduct of each informal hearing, the Director shall:

Determine whether a violation has occurred; and

Issue a written order with findings of facts and conclusions of law.

5530.9 Any party adversely affected by any order of the Director may obtain review of the order by filing, with the Ethics Board, a request for a hearing in accordance with D.C. Official Code § 1-1162.21(a)(3).

5530.10 The request for a hearing pursuant to § 5530.9 shall be filed within fifteen (15) days from the Director’s issuance of an order.

History

SOURCE: Final Rulemaking published at 65 DCR 7038 (June 29, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5530

3 DCMR § 5535 SCHEDULE OF FINES

5535.1 Upon a determination, pursuant to § 5530.8, that a violation has occurred, the Director may ministerially impose a fine upon the respondent with each allegation constituting a separate violation.

5535.2 Fines shall be imposed as follows:

(a) Failure to follow the process for accepting gifts and donations established in D.C. Official Code § 1-329.01: not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per violation;

(b) Participating personally and substantially in a particular matter that could affect the employee’s own financial interests, in violation of D.C. Official Code § 1-1162.23 (a): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(c) Participating personally and substantially in a particular matter that could affect the financial interests of the employee’s spouse or registered domestic partner, in violation of D.C. Official Code § 1-1162.23(a): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(d) Participating personally and substantially in a particular matter that could affect the financial interests of the employee’s dependent children, in violation of D.C. Official Code § 1-1162.23(a): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(e) Participating personally and substantially in a particular matter that could affect the financial interests of any entity or organization in which the employee serves as an officer, director, trustee, general partner, or employee, in violation of D.C. Official Code § 1-1162.23(a): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(f) Participating personally and substantially in a particular matter that could affect the financial interests of anyone with whom the employee is negotiating or has any arrangement concerning prospective employment, in violation of D.C. Official Code § 1-1162.23(a): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(g) Working on a matter that involves a nongovernmental organization in which the employee or a family member has a financial interest, in violation of D.C. Official Code § 1-1162.23(a): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(h) Using his or her official position or title in a manner that the employee knows is likely to have a direct and predictable effect on the employee’s own financial interests, in violation of D.C. Official Code § 1-1162.23(a): not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(i) Using his or her official position or title in a manner that the employee knows is likely to have a direct and predictable effect on the financial interests of a person or entity that is closely affiliated with the employee, in violation of D.C. Official Code § 1-1162.23 (a): not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(j) Using his or her official position or title to personally and substantially participate in any particular matter that the employee knows is likely to have a direct and predictable effect on the employee’s own financial interests, in violation of D.C. Official Code § 1-1162.23(a): not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(k) Using his or her official position or title to personally and substantially participate in any particular matter that the employee knows is likely to have a direct and predictable effect on the financial interests of a person or entity that is closely affiliated with the employee, in violation of D.C. Official Code § 1-1162.23(a): not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(l) Performing an official duty, as a District government employee, if the employee or a member of the employee’s household has real property, stocks, bonds, commodities, or other property that could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities, in violation of D.C. Official Code § 1-1162.23(a) and § 1-1162.23(d)(2)(A): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(m) Member(s) of an employee’s household acquiring stocks, bonds, commodities, real estate, or other property, the acquisition of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities, in violation of D.C. Official Code § 1-1162.23(d)(2)(A): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(n) Acquiring an outside business or business interest that is related directly to the employee's official duties, official action, recommendation, or which is related to matters over which the employee could wield any influence, official or otherwise, in violation of D.C. Official Code § 1-1162.23 (d)(2)(B): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(o) Member(s) of an employee’s household acquiring an outside business or business interest that is related directly to the employee's official duties, official action, or recommendation, or which is related to matters over which the employee could wield any influence, official or otherwise, in violation of D.C. Official Code § 1-1162.23(d)(2)(B): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(p) Acquiring stocks, bonds, commodities, real estate, or other property, the acquisition of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities, in violation of D.C. Official Code § 1-1162.23 (d)(2)(A): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(q) Using official authority or influence for the purpose of interfering with or affecting the result of an election, in violation of D.C. Official Code § 1-1171.02(a)(1): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(r) Knowingly soliciting, accepting, or receiving a political contribution from any person, in violation of D.C. Official Code § 1-1171.02(a)(2): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(s) Filing as a candidate for election to a partisan political office in a District-regulated election, in violation of D.C. Official Code § 1-1171.02(a)(3): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(t) Knowingly directing, or authorizing anyone else to direct, any subordinate to participate in an election campaign or requesting a subordinate to make a political contribution, in violation of D.C. Official Code § 1-1171.02 (a)(4): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(u) Knowingly directing, or authorizing anyone else to direct, that any subordinate participate in an election campaign or requesting a subordinate to make a political contribution, in violation of D.C. Official Code § 1-1171.02(a)(4): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(v) Working on any political campaign or engaging in any other type of political activity while at work or otherwise on duty, in violation of D.C. Official Code § 1-1171.03(a)(1): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(w) Engaging in any political activity during work hours, in violation of D.C. Official Code § 1-1171.03(a)(1): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(x) Engaging in political activity in a D.C. government building as prohibited by D.C. Official Code § 1-1171.03(a)(2): not less than one hundred dollars ($100) nor more than two thousand five dollars ($2,500) per violation;

(y) Engaging in political activity while in a District government uniform or official insignia, in violation of D.C. Official Code § 1-1171.03(a)(3): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(z) Engaging in political activity in a D.C. government vehicle, in violation of D.C. Official Code §§ 1-1171.03(a)(4): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(aa) Using District government resources to coerce, explicitly or implicitly, any subordinate employee to engage in political activity, in violation of D.C. Official Code § 1-1171.03(b): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(bb) Serving as an officer or director of an outside entity when there is a reasonable likelihood that such entity might be involved in the employee’s District work, in violation of District Personnel Manual (DPM) § 1807.1 (d): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(cc) Serving as an officer or director of an outside entity or organization when there is a reasonable likelihood that such entity will be involved in an official government action or decision that the employee would take or recommend, in violation of DPM § 1807.1(d): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(dd) Using information that is not available to the public for personal benefit, in violation of DPM § 1800.3(c): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(ee) Using information that is not available to the public for any non-governmental purpose, in violation of DPM § 1800.3(c): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(ff) Permitting others to use information that is not available to the public for personal benefit, in violation of DPM § 1800.3(c): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(gg) Permitting others to use information that is not available to the public for any non-governmental purpose, in violation of DPM § 1800.3(c): not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) per violation;

(hh) Engaging in outside activities that conflict with the employee’s official government duties and responsibilities, in violation of DPM § 1800.3(j): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(ii) Failure to report waste, fraud, abuse of authority, violations of law, or threats to public health or safety, in violation of DPM § 1801.1: not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(jj) Being employed by the District government and failing to report credible violations of the District Code of Conduct, in violation of DPM § 1801.1: not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(kk) Interfering with or obstructing any investigation conducted by a District or federal agency, in violation of DPM § 1801.2: not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(ll) Failure to fully cooperate with any investigation, enforcement action, or other official function of the Office of Government Ethics, in violation of DPM § 1801.3: not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(mm) Taking coercive, harassing, or retaliatory action against any employee acting in good faith, in violation of DPM § 1801.4: not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(nn) Coercing, harassing, or retaliating against any employee who reasonably believes there has been a violation or misuse of resources and discloses that to a supervisor or a public body, in violation of DPM § 1801.4: not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation;

(oo) Accepting a gift from a prohibited source, in violation of DPM § 1803.2 (a): not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) per violation;

(pp) Soliciting a gift from a prohibited source, in violation of DPM § 1803.2 (a): not less than two thousand dollars ($2,000) nor more than four thousand dollars ($4,000) per violation;

(qq) Soliciting or coercing the offering of a gift, in violation of DPM § 1803.2 (b): not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000) per violation;

(rr) Accepting a gift in return for being influenced in the performance or nonperformance of an official act, in violation of DPM § 1803.3 (a): not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000) per violation;

(ss) Taking any action to pressure or coerce other District government employees into contributing monetarily to a private cause, in violation of DPM § 1803.3 (b): not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation;

(tt) Accepting a salary or anything of monetary value from a private source as compensation for services to the government, in violation of DPM § 1803.8: not less than one thousand five hundred dollars ($1,500) nor more than three thousand five hundred dollars ($3,500) per violation;

(uu) Soliciting a salary or anything of monetary value from a private source as compensation for services to the government, in violation of DPM § 1803.8: not less than two thousand dollars ($2,000) nor more than four thousand dollars ($4,000) per violation;

(vv) Accepting, directly or indirectly, a gift from a District employee who earns a lower salary, in violation of DPM § 1804.3: not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per violation;

(ww) Coercing a gift from a District employee with a lower salary, in violation of DPM § 1804.4: not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) per violation;

(xx) Acquiring any stocks, bonds, commodities, real estate, or other property, the possession of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities, in violation of DPM § 1805.8(a): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(yy) Acquisition by members of the employee’s household of any stocks, bonds, commodities, real estate, or other property, the possession of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities, in violation of DPM § 1805.8(a): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(zz) Acquiring an interest in or operating any business which is in any way related to the employee's official duties, official action, recommendation, or which is in any way related to matters over which the employee could wield any influence, official or otherwise, in violation of DPM § 1805.8 (b): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(aaa) Acquisition by members of an employee’s household of an interest in or operating any business which is in any way related to the employee's official duties, official action, recommendation, or which is in any way related to matters over which the employee could wield any influence, official or otherwise, in violation of DPM § 1805.8(b): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(bbb) Directly or indirectly making a hiring decision regarding a position within his or her own agency with respect to a relative, in violation of DPM § 1806.3: not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(ccc) Taking any action to appoint, employ, promote, evaluate, interview, or advance any individual who is a relative, in violation of DPM § 1806.3: not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(ddd) Engaging in any outside employment, private business activity, or other interest that is reasonably likely to interfere with the employee's ability to perform his or her job, or which may impair the efficient operation of the District government, in violation of DPM § 1807.1(a): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(eee) Gambling while on duty and while on District government owned or leased property (other than as permitted), in violation of DPM § 1807.1(b): not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) per violation;

(fff) Using District government time to raise money for a private cause, in violation of DPM § 1807.1(b): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(ggg) Using District government property to raise money for a private cause, in violation of DPM § 1807.1(b): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(hhh) Ordering, directing, or requesting subordinate officers or employees to perform during regular working hours any personal services not related to official District government functions and activities, in violation of DPM § 1807.1(c): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(iii) Maintaining financial or economic interest in or serving as an officer or director of an outside entity if there is any likelihood that such entity might be involved in an official government action or decision taken or recommended by the employee, in violation of DPM § 1807.1(d): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(jjj) Engaging in outside employment, private business activity, or other interest which permits an employee to capitalize on his or her official title or position, in violation of DPM § 1807.1(e): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(kkk) Engaging in outside employment, private business activity, or other interest which permits others to capitalize on his or her official title or position, in violation of DPM § 1807.1(e): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(lll) Divulging any official government information to any unauthorized person or in advance of its authorized issuance, or making use of or permitting others to make use of information not available to the general public, in violation of DPM § 1807.1(f): not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) per violation;

(mmm) Engaging in any outside employment, private business activity, or other interest which might impair an employee's mental or physical capacity that he can no longer carry out his duties and responsibilities in a proper and efficient manner, in violation of DPM § 1807.1(g): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(nnn) Serving in a representative capacity, agent, or attorney for any outside entity involving any matter before the District government, in violation of DPM § 1807.1(h): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(ooo) Contracting through an organization that the employee controls or substantially owns with the District government, in violation of DPM § 1807.1(h): not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation;

(ppp) Engaging in any outside employment, private business activity, or other interest which is in violation of federal or District law, in violation of DPM § 1807.1(i): not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per violation;

(qqq) Misusing District government property for other than authorized purposes, in violation of DPM § 1808.1: not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) per violation;

(rrr) Permitting others to misuse District government property for other than authorized purposes, in violation of DPM § 1808.1: not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) per violation;

(sss) Failure to comply with all applicable Financial Disclosure Statement filing requirements, in violation of DPM § 1810.4 (e) or Council Code of Conduct XI (c): not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per violation;

(ttt) Knowingly acting as an attorney, agent, or representative, at any time after leaving District employment, in any formal or informal appearance before an agency as to a particular matter involving a specific party or parties in which the employee personally and substantially worked on while a District government employee, in violation of DPM § 1811.3: not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation;

(uuu) Making any oral or written communication to an agency, at any time after leaving District employment, with the intent to influence that agency on behalf of another person as to a particular matter involving a specific party or parties on which the employee personally and substantially participated while a District government employee, in violation of DPM § 1811.4: not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation;

(vvv) Knowingly acting as an attorney, agent, or representative, within two years of leaving District employment, in any formal or informal matter before an agency if he or she previously had official responsibility for that matter during the last year the employee worked for the District, in violation of DPM § 1811.5: not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation; and

(www) Knowingly representing or aiding, counseling, advising, consulting, or assisting in representing any other person, within two years of leaving District employment, by personal appearance before an agency as to a particular government matter involving a specific party if the former employee participated personally and substantially in that matter during the last year the employee worked for the District, in violation of DPM § 1811.8: not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation.

(xxx) Failing to act impartially and giving preferential treatment to any private organization or individual in violation of DPM § 1800.3(h): not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) per violation.

5535.3 The aggregate set of the penalties imposed against each person under the Director's authority pursuant to §§ 5535.1 and 5535.2 may not exceed five thousand dollars ($5,000).

5535.4 Any fine imposed by the Director, pursuant to §§ 5535.1 and 5535.2, 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 § 5530.11.

5535.5 The Director may modify, rescind, dismiss, or suspend any fine imposed, pursuant to §§ 5535.1 and 5535.2, for good cause shown.

5535.6 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 Board of Ethics and Government Accountability, 441 4th Street N.W., Suite 830 South, Washington, D.C. 20001.

History

SOURCE: Final Rulemaking published at 65 DCR 7038 (June 29, 2018). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5535

3-57 FINANCIAL DISCLOSURES AND HONORARIA

3 DCMR § 5700 APPLICABILITY

5700.1 The provisions of this chapter shall establish the procedures for filing financial disclosure forms and the limitations on honoraria pursuant to the authority set forth in the Subtitle D of the Government Ethics Act of 2011 (Act), Title II of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01 et seq.).

5700.2 The Financial Disclosure Statement (FDS) form, prescribed by the Director of the Government Ethics (Director), shall be filed by the following public officials:

(a) [Repealed.]

(b) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under the Home Rule Act;

(d) A Representative or Senator elected pursuant to Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Official Code § 1-123);

(e) A member of the State Board of Education;

(f) A person serving as a subordinate agency head in a position designated as within the Executive Service;

(g) A member of a board or commission listed in Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(e));

(h) A District of Columbia employee, except an employee of the Council, paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest.

(i) An employee of the Council paid at a rate equal to or above the midpoint rate of pay for Excepted Service 9.

(j) Any additional employees designated by rule by the Board pursuant to DC Official Code § 1161.01(47)(I).

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 65 DCR 0904 (February 2, 2018); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019); as amended by Final Rulemaking published at 71 DCR 015873 (December 20, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5700

3 DCMR § 5701 DISCLOSURE REQUIREMENTS

5701.1 The public official shall list on the FDS the following:

(a) The name of each business entity, including sole proprietorships, partnerships, trusts, nonprofit organizations, and corporations, whether or not transacting any business with the District of Columbia government, in or from which the public official or his or her spouse, domestic partner, or dependent children:

(i) Has a beneficial interest, including, whether held in such person's own name, in trust, or in the name of a nominee, securities, stocks, stock options, bonds, or trusts, exceeding in the aggregate $1,000, or that produced income of $200 in a calendar year;

(ii) Receives honoraria and income earned for services rendered in excess of $200 during a calendar year, as well as the identity of any client for whom the official performed a service in connection with the official's outside income if the client has a contract with the government of the District of Columbia or the client stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year. The report required by this subtitle shall include a narrative description of the nature of the service performed in connection with the official’s outside income;

(iii) Serves as an officer, director, partner, employee, consultant, contractor, volunteer, or in any other formal capacity or affiliation; or

(iv) Has an agreement or arrangement for a leave of absence, future employment, including date of agreement, or continuation of payment by a former employer;

(b) Any outstanding individual liability in excess of $1,000 for borrowing by the public official or his or her spouse, domestic partner, or dependent children from anyone other than a federal or state insured or regulated financial institution, including any revolving credit and installment accounts from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts, or a member of the person’s immediate family;

(c) All real property located in the District (and its actual location) in which the public official or his or her spouse, domestic partner, or dependent children, has an interest with a fair market value in excess of $1,000, or that produced income of $200; provided, that this provision shall not apply to personal residences occupied by the public official, his or her spouse, or domestic partner;

(d) All professional or occupational licenses issued by the District of Columbia government held by a public official or his or her spouse, domestic partner, or dependent children; and

(e) All gifts received by a public official from a prohibited source in an aggregate value of $100 in a calendar year. The term “prohibited source” shall have the meaning ascribed to it in Section 101(46) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).

5701.2 The FDS shall include a signed affidavit from the public official stating that the public official has not caused title to property to be placed in another person or entity for the purposes of avoiding the disclosure requirements of the Act or these regulations.

5701.3 The FDS shall include a signed certification that the public official has:

(a) Filed and paid his or her income and property taxes;

(b) Diligently safeguarded the assets of the taxpayers and the District;

(d) Not been offered or accepted any bribes;

(e) Not directly or indirectly received government funds through illegal or improper means;

(f) Not raised or received funds in violation of federal or District law; and

(g) Not received or been given anything of value, including a gift, favor, service, loan, gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that the public official's official actions or judgment or vote would be influenced.

(h) Complied with all conflict of interest recusal and reporting requirements as set forth in Section 223 of the Ethics Act.

5701.4 Neither the Mayor, the Attorney General, the Chairman of the Council of the District of Columbia, any member of the Council, nor any member of the State Board of Education shall earn royalties in excess of ten thousand dollars ($10,000) during the year in which the right to receive the royalty accrues, except that any amounts paid to a charitable organization, on behalf of the public official, shall not be calculated as part of the aggregate total.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5701

3 DCMR § 5702 FILING, ELECTRONIC FILING WAIVER AND PUBLICATION REQUIREMENTS

5702.1 The FDS shall be filed electronically at the Board of Ethics and Government Accountability (Board) website. The FDS shall be deemed timely filed electronically as follows:

For public officials, except the Chairman and each member of the Council, no later than 11:59 pm May 15th of each year for the prior calendar year in which the public official served.

Reports required by this section for the Chairman and each member of the Council of the District of Columbia shall be filed semiannually no later than 11:59 pm on May 15th and November 15th of each year.

5702.2 A public official may request a waiver of the requirement to file electronically. Waiver requests shall be submitted in writing, to the Director, no later than midnight on May 5th of each year. The Director may grant a waiver of the requirement to file electronically on good cause shown as to why the public official is unable to file electronically as follows:

A waiver granted by the Director shall be in writing and provided to the requestor.

If the waiver is granted, the FDS shall be filed in hard copy, in person or by first class mail. The FDS shall be deemed timely filed if received in the Office of Government Ethics no later than 5:00 pm on May 15th.

A denial of the waiver of the requirement to file electronically is appealable to the Board. An appeal is timely filed if submitted to the Board Chairperson and the Director, in writing, in hard copy or electronically, no later than two (2) business days after the date of the Director’s decision. The decision of the Board is final and shall be provided in writing to the requestor.

Waiver requests must be submitted, in writing, to the Director of Government Ethics no later May 5th or, at least ten days before the applicable annual or semiannual financial disclosure filing deadline.

The request must contain language explicitly authorizing the Office of Government Ethics to manually enter the requestor’s responses to the Public Financial Disclosure Statement into the financial disclosure e-filing system.

The Board may consider the following good cause factors when deliberating on such matters:

(1) Physical impairment, combined with a lack of resources or assistance to complete the online form;

(2) Computer illiteracy, combined with a lack of resources or assistance to complete the online form;

(3) A complete lack of access to a computer or other technological device; or

(4) An inability to gain access to the e-filing web portal due to technological error caused by the Office of Government Ethics or its e-filing system vendors, or a permanent lack of log-in credential.

(5) Other factors or extenuating circumstances.

5702.3 A public official shall submit an amended FDS thirty (30) days after changes in any information represented on the FDS.

5702.4 A public official may request the Director, in writing, for an extension of up to thirty (30) days in which to submit the FDS.

5702.5 The Director may extend the deadline for submission of the FDS by a public official, for good cause shown.

5702.6 The Ethics Board shall publish, in the District of Columbia Register, before June 15th of each year, the name of each public official who has:

(a) Filed a report under this section;

(b) Sought and received an extension of the deadline filing requirement and the reason for the extension; and

5702.7 The Ethics Board shall publish, in the District of Columbia Register, before December 15th of each year, the name of each member of the Council who has:

Filed a report under this section;

Sought and received an extension of the deadline filing requirement and the reason for the extension; and

Not filed a report and the reason for not filing, if known.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 62 DCR 11866 (August 28, 2015); as amended by Final Rulemaking published at 65 DCR 0904 (February 2, 2018); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5702

3 DCMR § 5703 EXEMPTION

5703.1 The Board may, on a case by case basis, exempt a public official from this requirement or some portion of this requirement for good cause shown.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5703

3 DCMR § 5704 CONFIDENTIAL FINANCIAL DISCLOSURE FILINGS BY EMPLOYEES

5704.1 Confidential Financial Disclosure statements shall be filed as follows:

Any employee, other than a public official or Council employee, who advises, makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, policy-making, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interests, as determined by the appropriate agency head, shall file, before May 15th of each year, with the agency head, or the agency head’s designee, a report containing a full and complete statement of the information required by Section 5701.

Each Council employee who acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest, as determined by that employee’s personnel authority, shall file a confidential report containing a full and complete statement of the information required by Section 5701 of the Ethics Act with the General Counsel to the Council no later than May 15th of each year.

All confidential financial disclosure statements shall be filed electronically at the Board of Ethics and Government Accountability website using the electronic filing system and by submission of the completed e-filing to their agency Ethics Counselor. BEGA will provide confidential filers with instructions on how to file using the electronic filing system.

5704.2 Each personnel authority shall compile a list of all employees required to submit a confidential financial disclosure statement within its agency or the Council and shall supply the list to the Ethics Board by 1 1:59 p.m. on March I of each year. The list required by this subsection shall include the name, title, position, and grade level for each employee. Notice to and designation of required FDS filing employees shall be done in a manner consistent with 6 DCMR § 1810.

5704.3 Upon review of the confidential report, a personnel authority shall immediately forward to the Ethics Board any violation of the Code of Conduct whenever there is reason to believe that such a violation has occurred.

5704.4 [REPEALED].

5704.5 In addition to any sanctions that may be available for a violation of the Code of Conduct, the Director of Government Ethics may also impose a late fee at the rate of ten dollars ($10.00) per day (excluding Saturdays, Sundays, and holidays), up to a maximum of three hundred dollars ($300.00), on any filer who fails to timely file a true, accurate and fully completed report.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 61 DCR 6200 (June 20, 2014); as amended by Final Rulemaking published at 62 DCR 11866 (August 28, 2015); as amended by Final Rulemaking published at 64 DCR 5842 (June 23, 2017); as amended by Final Rulemaking published at 65 DCR 0904 (February 2, 2018); as amended by Final Rulemaking published at 71 DCR 011602 (September 27, 2024); as amended by Final Rulemaking published at 71 DCR 015873 (December 20, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5704

3 DCMR § 5705 FINANCIAL DISCLOSURE FILINGS BY ADVISORY NEIGHBORHOOD COMMISSIONERS AND CANDIDATES

5705.1 An Advisory Neighborhood Commissioner in office for at least thirty (30) days of the preceding year, or candidate as defined in D.C. Official Code § 1-1161.01(6), shall electronically file a public financial disclosure certification required by Section 224(a)(1)(G) of the Act for the preceding year.

(a) The certification shall be due no later than midnight of May 15th of each year;

(b) The certification shall be filed electronically with the Board at the Board website;

5705.2 An Advisory Neighborhood Commissioner, or candidate as defined in D.C. Official Code § 1-1161.01(6), may request a waiver of the requirement to file electronically. Waiver requests shall be submitted in writing, to the Director, no later than midnight on May 5th of each year. The Director may grant a waiver of the requirement to file electronically for good cause shown as to why the public official is unable to file electronically.

(a) A waiver granted by the Director shall be in writing and provided to the requestor.

(b) If the waiver is granted, the public financial disclosure certification shall be filed in hard copy, in person or by first class mail. The public financial disclosure certification shall be deemed timely filed if received in the Office of Government Ethics no later than 11:59 pm on May 15th.

(c) A denial of the waiver of the requirement to file electronically is appealable to the Board. An appeal is timely filed if submitted to the Board Chairperson and the Director, in writing, in hard copy or electronically, no later than two (2) business days after the date of the Director’s decision. The decision of the Board is final and shall be provided in writing to the requestor.

History

SOURCE: Final Rulemaking published at 62 DCR 22866 (August 28, 2015); as amended by Final Rulemaking published at 71 DCR 015873 (December 20, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5705

3 DCMR § 5707 FINANCIAL DISCLOSURE FILING WAIVER REQUESTS

The Ethics Board may, on a case-by-case basis, exempt a public official from the filing requirement or some portion of the filing requirement for good cause shown.

A Public Financial Disclosure Statement filer may submit a waiver request to the Board of Ethics and Government Accountability so that the Board may consider whether to withhold all or a portion of the filer’s form from the public.

A Public Financial Disclosure Statement filer must submit such a request within fifteen (15) days of receiving written notification of the annual filing requirement.

The Board may consider the following good cause factors when deliberating on such matters:

Personal or physical safety concerns;

Articulable identity theft or security breach concerns (a general fear of a possible breach without an articulable threat will not be considered);

Secret or sensitive government information concerns or competitive or secret financial or business concerns;

Undue burden; or

Other substantial or important matters of first impression

The Board shall issue a written Decision and Order for each waiver request at the Board meeting that occurs next in time to the partial waiver request.

A pending waiver request is not good cause for an extension of the Financial Disclosure filing deadline, except when the Office of Government of Ethics has caused delay in the processing of the pending request.

History

SOURCE: Final Rulemaking published at 66 DCR 10535 (August 16, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5707

3 DCMR § 5708 FINANCIAL DISCLOSURE FINE WAIVER REQUESTS

A Public or Confidential Financial Disclosure Statement filer may submit a fine waiver request to the Board of Ethics and Government Accountability so that the Board may consider whether to waive all or a portion of late or non-filer fines assessed to the filer.

The request shall be in writing and should include identifying information (name, contact information, title, position, and agency), the number of days late and the amount of the fine, the date the request is submitted, and good cause why the Board should not impose the fine.

The Board may consider the following good cause factors when deliberating on such matters:

The filer’s history of compliance regarding the timely filing of Financial Disclosure Statements in previous years;

Proof of technological failure or error by the Board of Ethics and Government Accountability’s Financial Disclosure e-filing web portal;

Proof that the filer was substantially misinformed about Financial Disclosure deadlines or procedures by the Office of Government Ethics;

A pending legal or ethical questions before the Board of Ethics and Government Accountability, the outcome of which may have a direct impact on the filer’s responses on the required filings;

Procedural or administrative error on the part of the Board of Ethics and Government Accountability;

Proof of serious physical impairment or a chronic medical condition during the time period immediately preceding the filing deadline;

Proof of extended leave, during which time the filer is not monitoring or is not required to monitor or respond to work correspondence; or

Other factors or extenuating circumstances.

Fine waiver requests shall be submitted for Board consideration within 15 business days of receiving the notice of the fine. Absent extenuating circumstances, as determined by the Director, the Board will not consider late-submitted requests. Any late-submitted request shall be deemed to be denied.

The submission of a fine waiver request for consideration by the Board does not relieve a Public or Confidential Financial Disclosure Statement filer of their obligation to file a Financial Disclosure Statement.

History

SOURCE: Final Rulemaking published at 66 DCR 10535 (August 16, 2019); as amended by Final Rulemaking published at 71 DCR 015873 (December 20, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5708

3 DCMR § 5709 FINANCIAL DISCLOSURE DESIGNATION APPEALS

5709.1 When an agency head questions whether a specific individual should be required to submit a public Financial Disclosure Statement or a confidential Financial Disclosure Statement pursuant to D.C. Official Code § 1-11062.24 (i), the matter shall be referred to the Director of Government Ethics for final resolution.

5709.2 Any individual designated by his/her agency head as being required to submit a public or confidential Financial Disclosure Statement may request a review of such designation by the agency head within five (5) business days, in accordance with DPM §1810.6, and this section.

5709.3 The agency head shall make a written decision on the request for review of the designation within (5) business days of the receipt of the request.

5709.4 Any such designated person who is adversely affected by and disagrees with the agency head’s redetermination decision issued pursuant to DPM §1810.7 (b) or this section may appeal that redetermination decision within five (5) business days of receipt of the agency head’s decision to the Director of Government Ethics as set forth in DPM §1810.7(c) or this section.

5709.5 Any such appeal must be submitted in writing, establishing that substantial evidence exists which would justify overturning the agency head’s redetermination decision unless successfully rebutted.

5709.6 If the Director of Government Ethics reviews the written appeal and determines that substantial evidence appears to exist which would justify overturning the agency head’s redetermination decision unless successfully rebutted, the Director shall order the agency to produce copies of all documents introduced into the record during the redetermination review process, as well as any additional evidence it believes would successfully rebut the evidence submitted by the appellant. Upon receipt of such written order, the agency must provide the Director with copies of all such documents and any rebuttal evidence within five (5) business days of receipt thereof.

5709.7 The Director shall issue a written decision on the appeal within five (5) business days of receipt of the record and rebuttal evidence from the agency. The decision of the Director of Government Ethics respecting the designation shall be final.

5709.8 [REPEALED]

5709.9 [REPEALED]

5709.10 [REPEALED]

5709.11 [REPEALED]

5709.12 [REPEALED]

5709.13 [REPEALED]

History

SOURCE: Final Rulemaking published at 66 DCR 10535 (August 16, 2019); as amended by Final Rulemaking published at 71 DCR 015873 (December 20, 2024). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5709

3 DCMR § 5710 ETHICS BOARD DESIGNATION OF CERTAIN BOARD, COMMISSION, COUNCIL, OR WORKING GROUP MEMBERS AS PUBLIC OFFICIALS

5710.1 As set forth in Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01(47)(I), the Board of Ethics and Government Accountability designates members of the following boards, commissions, councils, and working groups as public officials and Public Financial Disclosure Statements filers:

Board of Accountancy

Board of Acupuncture, Chiropractic, and Naturopathic Physicians

Board of Architecture, Interior Design, and Landscape Architecture

Board of Barber and Cosmetology

Board of Dentistry

Board of Dietetics & Nutrition

Board of Funeral Directors

Board of Industrial Trades

Board of Massage Therapy

Board of Medicine

Board of Nursing

Board of Optometry

Board of Pharmacy

Board of Podiatry

Board of Professional Counseling

Board of Professional Engineering

Board of Psychology

Board of Real Estate Appraisers

Board of Rehabilitative Therapies

Board of Respiratory Care

Board of Social Work

Board of Veterinary Medicine

Citizen Review Panel for Child Abuse and Neglect

Combat Sports Commission

Commission on Health Equity

Commission on Re-Entry and Returning Citizen Affairs

Construction Codes Coordinating Board

DC Retirement Board of Trustees

District of Columbia State Athletics Commission

Health Benefit Exchange Authority Executive Board

Health Information Exchange Policy Board

Higher Education Licensure Commission

Humanities Council of Washington, D.C.

Interagency Council on Homelessness

Interagency Working Group on Autonomous Vehicles

Interstate Commission on the Potomac River Basin

Interstate Medical Licensure Compact Commission

Metropolitan Washington Council of Governments

Opioid Abatement Advisory Commission

Police and Firefighter's Retirement and Relief Board

Public Defender Service Board of Trustees

Real Estate Commission

Washington Metropolitan Area Transit Commission

5710.2 When a board, commission, council, or working group has District of Columbia members and non-District members only the District of Columbia members must file a Public Financial Disclosure Statement with the Board of Ethics and Government Accountability.

History

SOURCE: Final Rulemaking published at 71 DCR 011602 (September 27, 2024); as amended by Final Rulemaking published at 73 DCR 00666 (January 23, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5710

3-58 REGISTRATION OF LOBBYISTS

3 DCMR § 5800 REGISTRATION REQUIREMENTS

5800.1 The provisions of this chapter shall establish the procedures for the filing of registration forms for lobbyists pursuant to the authority set forth in the Subtitle E of the Government Ethics Act of 2011 (Ethics Act), Title II of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).

5800.2 A person shall register as a lobbyist with the Director of Government Ethics (the Director) by filing the Lobbyist Registration Form, under the following circumstances:

Receives compensation of two hundred fifty dollars ($250) or more in any three (3) consecutive calendar month period for lobbying;

Receives compensation from more than one (1) source which totals two hundred fifty dollars ($250) or more in any three (3) consecutive month period for lobbying; or

Expends funds of two hundred fifty dollars ($250) or more in any three (3) consecutive calendar month period for lobbying.

5800.3 The registration for lobbyists shall be three hundred fifty dollars ($350).

5800.4 The registration for lobbyists who lobby solely for nonprofit organizations shall be one hundred dollars ($100).

5800.5 The Lobbyist Registration Form shall include the following information:

(a) Registrant’s name, permanent address and temporary address, if any, while lobbying;

(b) Name and address of each person designated to lobby on behalf of the registrant;

(c) Name, address, and nature of the business of any person who compensates the registrant and the terms of the compensation;

(d) Identification, by formal designation if known, of matters on which the registrant expects to lobby; and

(e) Registrant’s verification under oath of the required information; provided, that if the registrant is not an individual, an authorized officer or agent of the registrant (other than the lobbyist retained by contract to provide lobbying services) shall sign the form.

5800.6 A lobbyist shall file a separate registration form for each person from whom he or she receives compensation for lobbying.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 60 DCR 11954 (August 16, 2013); as amended by Final Rulemaking published at 72 DCR 008211 (July 25, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5800

3 DCMR § 5801 EXEMPTION FROM REGISTRATION REQUIREMENTS

5801.1 A person shall be exempt from the registration requirements of § 5800 if that person is any of the following:

(a) A public official, or an employee of the United States acting in an official capacity;

(b) A publisher or working member of the press, radio, or television who, in the ordinary course of business, disseminates news or editorial comment to the general public;

(d) Any entity specified in D.C. Official Code § 47-1802.01(4) whose activities do not include lobbying, the result of which shall inure to the financial gain or benefit of the entity.

5801.2 Lobbying activities shall not include:

(a) Appearing or presenting written testimony, on his or her own behalf, or is represented by an attorney, in an informal or formal rule-making, rate making or adjudicatory hearing before an executive agency or the Tax Assessor;

(b) Providing information in response to written inquiries by an executive agency, the Council of the District of Columbia or any public official;

(c) Inquiries only as to the status of specific actions by an executive agency or the Council of the District of Columbia;

(d) Testifying before, or submitting written testimony to, a committee of the Council of the District of Columbia, or the Council, in a proceeding for which there is a public record or testimony submitted for inclusion in the public record;

(e) Communications through a newspaper, television, or radio of general circulation or a publication whose primary audience is the organization's membership; or

(f) Conveying communications, indirectly or directly, by a bona fide political party, as defined in Section 101 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).

5801.3 A person, who may be exempt from the registration requirements of this chapter, may be a registrant for other purposes pursuant to the Act; provided, that the activity of the person shall not constitute a conflict of interest as described in Section 223 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1162.23 (2012 Supp.)).

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 72 DCR 008211 (July 25, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5801

3 DCMR § 5802 ACTIVITY REPORTS

5802.1 Each registrant shall file an activity report, on a form prescribed by the Director, for each person from whom compensation is received during the reporting period.

5802.2 Each activity report shall include the following:

(a) A complete and current statement of the information required to be supplied pursuant to § 5800;

(b) Total expenditures on lobbying broken down into the following categories:

(i) Office expenses;

(ii) Advertising and publications;

(iii) Compensation to others;

(iv) Personal sustenance, lodging, and travel, if compensated; and

(v) Other expenses;

(c) Each expenditure of $50 or more shall also be itemized by the date, name, and address of the recipient, and the amount and purpose of the expenditure;

(d) Each political expenditure, loan, gift, honorarium, or contribution of $50 or more made by the registrant or anyone acting on behalf of the registrant to benefit an official in the legislative or executive branch, a member of his or her staff or household, or a campaign or testimonial committee established for the benefit of the official, shall be itemized by date, beneficiary, amount, and circumstances of the transaction, including the aggregate of all expenditures that are less than $50;

(e) Each official in the executive or legislative branch and any member of the official’s staff, including personal and committee staff, who has a business relationship or a professional services relationship with the registrant shall be identified by name and the nature of the business relationship with the registrant;

(f) Each official in the executive or legislative branch with whom the registrant has had written or oral communications, including electronic mail, text messages, or any other form of communication, during the reporting periods related to lobbying activities conducted by the registrant shall also be included in the report, identifying:

The official with whom the communication was made;

The specific date on which the communication was made to a specific official;

The type of communication; and

The nature and purpose of communication;

(g) Each person to whom the registrant has given compensation to lobby on his or her behalf shall also be listed in the report; and

(h) All bundled contributions, as defined in D.C. Official Code § 1-1161.01, forwarded or arranged to be forwarded from one or more persons, including:

The name of each contributor;

Address, and employer of each person from whom the contributions were received, and

The name of the candidate or committee for whom the contributions were collected.

A registrant shall file a termination statement to indicate that there will be no further lobbying activity. Failure to file a termination will result in the registrant remaining active and subject to activity reporting and registration renewal required by this section.

5802.3 Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the activity reports required to be made pursuant to this section for five (5) years from the date of filing of the report containing these items. These materials shall be made available for inspection upon requests by the Director after reasonable notice.

5802.4 Each registrant who does not file a report required by this section for a given period is presumed not to be receiving or expending funds that are required to be reported under this section.

5802.5 A registrant shall exclude from activity reports any transactions related to the registrant’s exempt status, if any, under § 5801.

5802.6 No later than ten (10) days after a registrant files a registration form with the Director he or she shall publish on the Board’s website a summary of all information required to be submitted under this section.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 62 DCR 11870 (August 28, 2015); as amended by Final Rulemaking published at 72 DCR 008211 (July 25, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5802

3 DCMR § 5803 LOBBYIST PROGRAM FILING DEADLINES

5803.1 Each registrant shall file a Lobbyist Registration Form at the following times:

(a) No later than fifteen (15) days after becoming a lobbyist; and

(b) On or before January 15th of each year thereafter.

5803.2 Each registrant shall file lobbyist Activity Reports for the previous three (3) month period each year on the following dates:

(a) January 15th, for the period covering October 1st through December 31st;

(b) April 15th, for the period covering January 1st through March 31st;

(d) October 15th, for the period covering July 1st through September 30th.

5803.3 Lobbyist Activity Reports shall be filed in electronic format at the Board website and shall be considered timely if filed by midnight on the date due.

5803.4 Lobbyist Registration forms filed on or before January 15th of each year shall be filed in electronic format on the Board website and will be considered timely if filed by midnight on the date due.

5803.5 First-time Lobbyist Registration forms filed pursuant to Subsection 5803.1(a) of this section shall be filed electronically at the Board website and shall be considered timely if filed by midnight on the date due.

5803.6 A lobbyist may request a waiver of the requirement to electronically file a Lobbyist Registration form or a Lobbyist Activity Report. Waiver requests shall be submitted in writing, to the Director, no later than midnight on January 1st for January Lobbyist Registration and January Lobbyist Activity report filings; no later than April 1st for April Lobbyist Activity Report filings, no later than July 1st for July Lobbyist Activity Report filings; and no later than October 1st for October Lobbyist Activity Report filings

5803.7 The Director may grant a waiver of the requirement to file electronically for good cause shown as to why the Lobbyist is unable to file electronically as follows:

A waiver granted by the Director shall be in writing and provided to the requester.

If the waiver is granted, the filings shall be filed in hard copy, in person or by first class mail. The filing shall be deemed timely filed if received in the office of the Board no later than 5:00 pm on the date due.

The Director may consider the following good cause factors when deliberating on such matters:

(1) Physical impairment, combined with a lack of resources or assistance to complete the online form;

(2) Computer illiteracy, combined with a lack of resources or assistance to complete the online form;

(3) Complete lack of access to a computer or other technological device; or

(4) Inability to gain access to the e-filing web portal due to technological error or a permanent lack of log-in credentials.

The Board may consider the following good cause factors when deliberating on such matters:

(1) Physical impairment, combined with a lack of resources or assistance to complete the online form;

(2) Computer illiteracy, combined with a lack of resources or assistance to complete the online form;

(3) Complete lack of access to a computer or other technological device;

(4) Inability to gain access to the e-filing web portal due to technological error or a permanent lack of log-in credentials; or

(5) Other factors or extenuating circumstances.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 62 DCR 11866 (August 28, 2015); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019); as amended by Final Rulemaking published at 72 DCR 012997 (November 21, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5803

3 DCMR § 5804 LIMITATIONS ON LOBBYING AND PROHIBITED ACTIVITY

5804.1 No registrant or their representative shall offer, give, or cause to be given a gift or service to an official in the legislative or executive branch or a member of his or her staff that exceeds $100 in value in the aggregate in any calendar year. This limitation shall not be construed to restrict in any manner contributions authorized in Sections 333, 334, and 338 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1163.33, 1-1163.34 and 1-1163.38 (2012 Supp.)).

5804.2 No legislative or executive branch official or staff shall solicit or accept anything of value in violation of Subsection (a) of this section.

5804.3 No person shall knowingly or willfully make or cause to be made any false or misleading statement or misrepresentation of the facts relating to pending administrative decisions or legislative actions to any official in the legislative or executive branch.

5804.4 No person shall, knowing a document to contain a false statement relating to pending administrative decisions or legislative actions, cause a copy of the document to be transmitted to an official in the legislative or executive branch without notifying the official in writing of the truth.

5804.5 No information copied from registration forms and activity reports required by this title or from lists compiled from such forms and reports shall be sold or utilized by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fundraising affair or for any commercial purpose.

5804.6 No public official shall be employed as a lobbyist while acting as a public official, except as provided in Section 228 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1162.28 (2012 Supp.)).

5804.7 No lobbyist or registrant or person acting on behalf of the lobbyist or registrant, shall provide legal representation, or other professional services, to a legislative or executive branch official, or their staff, below the cost that the lobbyist or registrant would routinely bill for the representation or service in the marketplace.

5804.8 Notwithstanding § 5804.7, a nonprofit organization that routinely provides legal representation or other services to clients at no cost may provide such representation or services to such client when doing so serves the purposes for which such services are routinely provided, and the representation and services are not provided by a lobbyist or registrant.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 72 DCR 008211 (July 25, 2025). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5804

3 DCMR § 5805 LOBBYIST FINES AND PENALTIES

5805.1 The Director of Government Ethics may refer to the United States Attorney for prosecution any person who willfully and knowingly violates Subtitle E of the Ethics Act. Penalties for violations include a fine of not more than five thousand dollars ($5,000), or imprisonment for not more than twelve (12) months, or both.

5805.2 In addition to any penalty available under § 5805.1, any person convicted of a violation under that Subsection may, at the discretion of the Board, be prohibited from serving as a lobbyist for a period of three years from the date of the conviction.

5805.3 Any person who files a lobbyist activity report or registration form in an untimely manner shall be assessed a civil penalty of one hundred dollars ($100) per day up to sixty (60) days (excluding Saturdays, Sundays, and holidays) that the report or registration form is late. This civil penalty shall be imposed as a ministerial matter by the Director of Government Ethics. Upon petition, the Ethics Board may waive the penalty for good cause shown.

(a) A District of Columbia registered lobbyist may request a waiver of fines imposed by the Board of Ethics and Government Accountability.

(b) Fine waiver requests should be submitted in writing to the Office of Government Ethics.

(1) The filer’s history of compliance regarding the timely filing of lobbyist registration forms and lobbyist activity reports in previous reporting periods;

(2) Proof of complete power or technological failure at the lobbyist’s office location;

(3) A destructive act of nature or extremely inclement weather, which prevents the lobbyist from accessing the information needed to complete such reports for a prolonged period of time or on the day of the submission deadline;

(4) Proof of technological failure or error on the Board of Ethics and Government Accountability’s lobbyist e-filing web portal;

(5) Proof that the lobbyist was substantially misinformed about lobbyist deadlines and/or procedures by the Office of Government Ethics;

(6) Pending legal or ethical question(s) before the Board of Ethics and Government Accountability, the outcome of which may have a direct impact on the lobbyist’s responses in the required filings;

(7) Procedural or administrative error on the part of the Board of Ethics and Government Accountability; or

(8) Other factors or extenuating circumstances.

History

SOURCE: Final Rulemaking published at 60 DCR 2852 (March 8, 2013); as amended by Final Rulemaking published at 66 DCR 10535 (August 16, 2019); as amended by Final Rulemaking published at 72 DCR 008211 (July 25, 2025); as corrected by Errata Notice published at 73 DCR 005902 (April 10, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5805

3-59 NON-PUBLIC ADMONITIONS AND NEGOTIATED DISPOSITIONS

3 DCMR § 5900 APPLICABILITY

5900.1 The provisions of this chapter shall establish the procedures for non-public, informal admonitions and for negotiated dispositions, authorized by Section 221(a)(4) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective February 22, 2014 (D.C. Law 20-75; D.C. Official Code § 1-1162.21(a)(4)).

History

SOURCE: Final Rulemaking published at 61 DCR 12222 (November 28, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5900

3 DCMR § 5901 NON-PUBLIC ADMONITIONS

5901.1 The Director of Government Ethics may impose a non-public, informal admonition for low-level violations of the Code of Conduct, including or similar to the following:

(a) A one-time, minor misuse of government property;

(b) A time and leave issue, where it is not habitual and did not have a specific harmful impact;

(c) A non-uniform application of a regulation or policy by a supervisor, where it is not a regular occurrence and was not for an unlawful purpose;

(d) A relatively minor action based, at least in part, on advice or guidance sought in good faith from another, such as a supervisor, and given in good faith, though erroneous; or

(e) Any minor, incidental ethics violation where the person made amends and rectified the situation.

5901.2 Respondents who receive a non-public, informal admonition imposed by the Director of Government Ethics may request the Director to reconsider the imposition of a non-public, informal admonition by submitting a written application therefore within fifteen (15) days of being served with the admonition. Except for good cause shown, the Director shall not review any late-filed application.

5901.3 An application for reconsideration shall include the following items and information:

(a) A detailed statement that respondent did not commit the conduct at issue or a detailed statement explaining why the conduct at issue does not violate the Code of Conduct;

(b) Any evidence supporting respondent’s statement; and

(c) The names and contact information of any fact witnesses who may be able to provide relevant and material evidence regarding the conduct at issue or the circumstances surrounding the conduct.

5901.4 All the materials required by § 5901.3 shall be submitted with the application for reconsideration. The Director of Government Ethics is not required to accept materials submitted subsequent to the filing of the application except upon a showing of good cause by respondent. The decision of the Director not to review items and information submitted by respondent is not appealable to the Ethics Board.

5901.5 The Director of Government Ethics shall respond, in writing, with a determination

on the request for reconsideration within thirty (30) days of the receipt of the application; provided, that, if the Director accepts any late-filed item or piece of information as provided in § 5901.4, he or she shall determine the request for reconsideration within thirty (30) days of the receipt of the last-filed item or piece of information.

5901.6 If the Director of Government Ethics requires additional time to determine a request for reconsideration for any reason other than as provided in § 5901.5, he or she shall notify respondent, in writing, of the need for an additional thirty (30) to ninety (90) days to reach a determination of the request.

5901.7 Respondent may appeal the denial of a request for reconsideration to the Ethics Board. The appeal shall be in writing, set forth the specific reasons why the respondent disagrees with the denial, and shall be filed with the Ethics Board within fifteen (15) days of service of the denial on respondent.

5901.8 The Ethics Board shall consider on appeal only the items and information that were part of the Director of Government Ethic’s final determination of the request for reconsideration.

5901.9 Within sixty (60) days after the filing of the appeal, the Ethics Board shall render its decision, which shall set forth the reasons for the decision and, if the Director’s denial of reconsideration is upheld, shall also instruct respondent to refer to § 5404 to determine his or her right to appeal.

History

SOURCE: Final Rulemaking published at 61 DCR 12222 (November 28, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5901

3 DCMR § 5902 NEGOTIATED DISPOSITIONS

5902.1 A violation of the Code of Conduct may result in the negotiated disposition of a matter offered by the Director of Government Ethics, and accepted by respondent, subject to approval by the Ethics Board.

5902.2 The Director of Government Ethics or respondent can initiate a negotiated disposition at any point after an investigation has been opened by the Director and prior to the issuance of a final Order of the Ethics Board.

5902.3 A negotiated disposition shall be drafted by the Director of Government Ethics, who may, in his or her sole discretion, share the draft with respondent for any comments or suggested revisions. The decision of the Director of Government Ethics not to share a draft negotiated disposition with respondent for comments and changes is not appealable to the Ethics Board.

5902.4 The Director of Government Ethics and respondent may engage in discussions, including face-to-face meetings, telephone conversations, email exchanges, and other methods of communication, as often as necessary to negotiate a disposition.

5902.5 In the event that discussions between the Director of Government Ethics and respondent do not lead to a finalized negotiated disposition, the following shall be inadmissible as evidence in an open and adversarial hearing before the Ethics Board in the same matter:

(a) The fact that a negotiated disposition had been initiated or discussed; and

(b) Any oral statements of fact or admissions made by respondent to the Director solely during the discussions related to a negotiated disposition.

5902.6 In the event that discussions between the Director of Government Ethics and respondent do not lead to a finalized negotiated disposition, any documents provided by or on behalf of respondent to the Director shall not satisfy respondent’s discovery obligations in the event that a hearing notice is issued to respondent by the Ethics Board in the same matter.

5902.7 In the event that discussions between the Director of Government Ethics and respondent do not lead to a finalized negotiated disposition, any documents provided by or on behalf of respondent to the Director may be used by the Director in an open and adversarial hearing before the Ethics Board in the same matter.

5902.8 A negotiated disposition of a matter shall be subject to approval by the Ethics Board.

5902.9 Prior to the Ethics Board’s approval of a negotiated disposition, respondent shall not communicate with the Ethics Board ex parte on any substantive matters related to the negotiated disposition, or appear before the Ethics Board in closed session regarding the negotiated disposition without the express leave of the Ethics Board.

5902.10 Prior to the Ethics Board’s approval of a negotiated disposition, the Ethics Board may, in its sole discretion, grant respondent’s request to appear before it in open session on any substantive matter related to the negotiated disposition; provided, that respondent specify, in writing, the reason for the appearance request. The decision of the Ethics Board to deny respondent’s request to appear before it in an open session on any substantive matter related to the negotiated dispositions is not a final order of the Ethics Board and is not appealable to D.C. Superior Court.

5902.11 The document memorializing a negotiated disposition shall include the following:

(a) A summary of the facts that show, by substantial evidence, respondent’s violation of those provisions of the Code of Conduct set forth in the negotiated disposition;

(b) All penalties agreed upon by the Director of Government Ethics and respondent;

(c) A provision that any fine or restitution payable by respondent shall be due and owing at the time the negotiated disposition is approved by the Ethics Board; provided, that the Director of Government Ethics and respondent may agree that any fine or restitution be paid in certain installments over a period not to exceed one (1) year from the date of the Board’s approval; and

(d) The terms of any expungement provision; and

(e) Any other provisions as may be agreed upon by the Director of Government Ethics and respondent so as to fully and fairly reflect the terms of the negotiated disposition.

5902.12 A negotiated disposition may include, but not be limited to, one or more of the following sanctions:

(a) Fines of not more than $5,000 per violation or three (3) times the amount of an unlawful contribution, expenditure, gift, honorarium, or receipt of outside income for each violation;

(b) Fines of not more than $25,000 for a violation of the Code of Conduct that substantially threatens the public trust;

(d) Public reprimand;

(e) Public admonition;

(f) Non-public, informal admonition;

(g) Community service; provided, that the nature of the community service, the required number of service hours, the time period in which the required service hours are to be performed, and the location at (or the entity through which) the service is to be performed shall be specified in the negotiated disposition and that the information provided by respondent to show completion of the community service be verifiable by the Director of Government Ethics;

(h) Restitution; provided, that the amount of restitution, the identity of the recipient of the restitution, and the form of respondent’s proof of payment shall be specified in the negotiated disposition;

(i) Remediation; or

(j) Any other sanction or penalty, as agreed to by the Director of Government Ethics and respondent.

5902.13 Respondent may request the Director of Government Ethics to include a provision in the negotiated disposition that respondent may be eligible to apply for expungement of the negotiated disposition after a specified period of time.

5902.14 The decision to include an expungement provision in the negotiated disposition and the establishment of the period of time for respondent’s expungement application rest solely in the discretion of the Director of Government Ethics, is not appealable to the Ethics Board, and may be based upon one or more of the following factors:

(a) The seriousness of respondent’s conduct;

(b) The impact of respondent’s conduct on members of the public;

(d) Respondent’s prior and subsequent conduct;

(e) Respondent’s efforts at rehabilitation; or

(f) Any other factors, as determined by the Director of Government Ethics.

5902.15 Where an expungement provision is included in the negotiated disposition, the Director of Government Ethics shall specify a period between six (6) months and one (1) year from the effective date of the negotiated disposition as the time after which respondent may apply for expungement.

5902.16 After the specified period, respondent may apply, in writing, for the negotiated disposition to be expunged; provided, that respondent includes with the application a written certification, signed under oath, that all of the following have occurred:

(a) Respondent has satisfactorily fulfilled all the terms of the negotiated disposition;

(b) There are no new or pending allegations of ethical misconduct against respondent; and

(c) There have been no additional findings of ethical misconduct against respondent between the effective date of the negotiated disposition and the date of the expungement application.

5902.17 The Director of Government Ethics shall respond, in writing, to respondent’s expungement application within fifteen (15) days of its receipt. The Director shall specify the reasons for denying an expungement application.

5902.18 Respondent may appeal the decision of the Director of Government Ethics to deny the expungement request to the Ethics Board. The appeal shall be in writing, set forth the specific reasons why respondent disagrees with the denial, and shall be filed with the Board within fifteen (15) days of service of the denial on respondent.

5902.19 Within sixty (60) days after the filing of the appeal, the Ethics Board shall render its decision, which shall set forth the reasons for the decision and, if the Director’s denial of expungement is upheld, shall also instruct respondent to refer to § 5404 to determine his or her right to appeal.

5902.20 Where the Director of Government Ethics, or the Ethics Board on appeal, grants respondent’s expungement application, the document memorializing the negotiated disposition shall be removed from the Ethics Board’s website and, along with any other documents in the possession of the Director or the Board concerning the expunged matter, shall be retained by the Director of Government Ethics, but treated as non-public confidential documents.

5902.21 Except as provided in §§ 5902.22 and 5902.23, responses to inquiries for, or concerning the existence of, records that have been expunged will be: “No records are available.”

5902.22 Expunged records will be available, upon written request, to any court, prosecutor, or law enforcement agency for any lawful purpose concerning the investigation or prosecution of any offense.

5902.23 Expunged records will not be available to any person, entity, or government agency for the purpose of making employment decisions, unless the records are demanded by a lawfully issued administrative, grand jury, or court-ordered subpoena.

5902.24 The Director of Government Ethics will take no action to remove references to, or

records concerning, an expunged matter that are in the possession of other persons, entities, government agencies, or the news media, from private or public access.

5902.25 A negotiated disposition, except where the result is a non-public, informal disposition, shall be made available to the public by posting on the Ethics Board’s website within thirty (30) days after the Board’s approval.

5902.26 The Director of Government Ethics, in his or her sole discretion, may redact any negotiated disposition before posting to prevent the public disclosure of confidential or protected information, such as respondent’s home address, the full names of persons other than respondent, Social Security numbers, and medical information. The decisions of the Director of Government Ethics regarding redactions are not appealable to the Ethics Board.

5902.27 A negotiated disposition that has been approved by the Ethics Board shall operate as a final order of the Ethics Board.

5902.28 Respondent’s acceptance of a negotiated disposition shall be deemed a waiver of the right to appeal the negotiated disposition upon its approval by the Ethics Board.

5902.29 Upon a determination that respondent has breached the terms of a negotiated disposition, the Director of Government Ethics may do the following:

Allow respondent to cure the breach and continue with the terms of the negotiated disposition;

Recommend that the Ethics Board nullify the negotiated disposition and hold an open and adversarial hearing on the matter; or

Seek authorization from the Ethics Board to file, on the Board’s behalf, a petition in the Superior Court of the District of Columbia for enforcement of any civil penalty provided for in the negotiated disposition.

5902.30 The Director of Government Ethics’ determination that respondent has breached the terms of the negotiated disposition is appealable to the Ethics Board:

(a) Respondent shall file such appeal with the Ethics Board within 30 days of notification that Respondent is in breach of the negotiated disposition; and

(b) Respondent may provide any pertinent materials for review by the Ethics Board.

5902.31 Respondent’s acceptance of a negotiated disposition shall be deemed a waiver of any statute of limitation defenses in the event that the Ethics Board decides to hold an open and adversarial hearing on the matter as a result of respondent’s breach.

History

SOURCE: Final Rulemaking published at 61 DCR 12222 (November 28, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5902

3 DCMR § 5999 DEFINITIONS

5999.1 The terms and phrases used in this chapter shall have the meanings set forth in the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (“Ethics Act”), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01), and this section, unless the text or context of the particular section, subsection, or paragraph provides otherwise.

Ethics Board – the Board of Ethics and Government Accountability, established by Section 202 of the Ethics Act (D.C. Official Code § 1-1162.02).

Expunged - records of a particular matter retained by the Director of Government Ethics and that are closed against the inspection of their contents.

Document – writings, drawings, graphs, charts, photographs, electronic records, and any other data compilations from which information can be obtained or translated, if necessary, through detection devices into reasonably usable form.

Respondent – the person who is the subject of an investigation, enforcement action, non-public, informal admonition, or a negotiated disposition.

History

SOURCE: Final Rulemaking published at 61 DCR 12222 (November 28, 2014). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 5999

3-99 DEFINITIONS

3 DCMR § 9900 DEFINITIONS

9900.1 The terms and phrases used in this title shall have the meanings set forth in the Election Act, the Ethics Act, and this section unless the text or context of the particular chapter, section, subsection, or paragraph provides otherwise.

Activity - acts or functions of an agency or its authorized agent and the methods of performing them.

Address - personal residence, principal place of business, campaign office, political committee office, and constituent-service program office.

Administrative action – the execution of policies relating to persons or things as previously authorized, or required by official action of the agency, adopted at an open meeting of the agency. The term does not include the deliberation of agency business or taking official action. Examples of administrative action include the review of an agenda, setting witness testimony time limitations, and other such procedural discussions.

Adversely affected – harm caused by an administrative action for which redress is necessary or required.

Affidavit – a written statement sworn to by the affiant before a notary or officer authorized to administer oaths, which attests to the truth of the stated written matter.

Aggrieved party – one who has been directly and detrimentally harmed by the outcome of an administrative decision or action.

Anything of value - related to the monetary worth of something.

Authorized committee – a principal campaign committee or any other political committee designated and authorized by a candidate, on the Statement of Candidacy Form, to support the candidate for election, receive contributions, or make expenditures on behalf of such candidate.

Authorized officer or agent - one who has the actual or apparent authority to bind the principal.

Ballot - a sheet of paper, or electronic card, filmstrip, or other device on which votes are recorded and stored. See also, “official ballot.”

Ballot card – see “ballot.”

Ballot measure – a specific category of ballot question, including initiatives, referenda, and recalls.

Ballot question – a direct vote in which the electorate is asked to either accept or reject a particular proposal, including ballot measures (initiatives, referenda, and recalls) and Charter Amendments.

Base amount - means the amount a participating candidate in the Fair Elections Program is eligible to receive as a lump-sum payment.

Board - the District of Columbia Board of Elections, under Title III of the “Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011.”

Board Employee - as distinguished from an “election worker,” an individual who is employed by the District of Columbia Board of Elections to perform personal services for the Board as either a permanent, temporary, intermittent, or trainee employee and includes employees on leave, leave without pay, or on furlough or leave of absence for educational purposes.

Board’s office – the Board’s principal place of business, and for purposes of registration only, any voter registration agency (VRA) or early voting center location that the Board shall designate.

Bundling – the combining of one or more contributions by different donors to make a single contribution to a candidate for public office or to support an initiative, referendum, or recall measure in the District of Columbia.

Business - any corporation, partnership, sole proprietorship, firm, nonprofit corporation, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, or any legal entity through which business is conducted, whether for profit or not.

Campaign Finance Act – the Campaign Finance Act of 2011 under Title III of the “Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011,” as amended.

Candidate - an individual who seeks election to public office, whether or not the individual is nominated or elected:

Obtained or authorized any other person to obtain election to public office;

Received contributions or made expenditures, or has given consent to any other person to receive contributions or make expenditures, with a view to bringing about the individual's election to public office; or

Knows, or has reason to know, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose; provided, that an individual shall not be deemed a candidate if the individual notifies each person who has received contributions or made expenditures that the individual is only testing the waters, has not yet made any decision whether to seek election to public office.

Candidate for election - an individual who has won a party primary; or who has survived the challenge period (D.C. Official Code §§ 1-1001.08(o) and 1-1101.01(2) (2016 Repl. & 2019 Supp.)) after filing a petition to have his or her name printed directly on the general election ballot.

Candidate for nomination - an individual who is seeking to win a party primary; or an individual who is seeking ballot access in a general or special election by having registered voters sign a nominating petition to have the candidate’s name printed directly on the ballot.

Chairman – the Chairman of the District of Columbia Board of Elections.

Close of business - 4:45 p.m. Monday through Friday, excluding District of Columbia legal holidays, unless otherwise indicated in this title.

Commingling - the improper mixing of personal and campaign or other funds donated for a specific or limited purpose.

Committee – an organized group consisting of a chairman and treasurer engaged for one of the following purposes:

to nominate, elect, or defeat a candidate for public office;

to solicit, accept, and expend funds to defray the costs of attorney fees, on behalf of a public officer;

to solicit, accept and expend funds for the transition of the Mayor or Chairman of the Council;

to explore or test the feasibility of an individual’s viability as a candidate for public office in the District of Columbia;

to plan, raise, and expend funds for inaugural celebration for a new Mayor; or

to qualify an initiative, referendum, or recall measure for ballot access.

Complainant – one who alleges a violation of District of Columbia campaign finance law or regulation.

Constituent Service Fund – monetary resources authorized by law for use by the Mayor, Chairman and members of the DC Council to provide certain services to benefit the citizens of the District of Columbia.

Contest - the aggregate of candidates who run against each other among themselves for a particular nomination or number of nominations, or a particular office or number of offices. The write-in options for each of the positions to be filled by the election are also part of the contest.

Contested election – an election for a seat for a covered office for which there are at least two (2) candidates, at least one of whom is a participating candidate in the Fair Elections Program.

Contribution – means:

A gift, subscription (including any assessment, fee, or membership dues), loan (except a loan made in the regular course of business by a business engaged in the business of making loans), advance, or deposit of money or anything of value (including contributions in cash or in kind), made for the purpose of financing, directly or indirectly:

The election of a candidate;

Any operations of a political committee, political action committee or independent expenditure committee; or

The campaign to obtain signatures on any initiative, referendum, or recall measure, or to bring about the ratification or defeat of any initiative, referendum, or recall measure:

A transfer of funds between:

Political committees and political action committees;

A political committee and a political action committee; or

Candidates;

The payment, by any person other than a candidate, a political committee, political action committee, or independent expenditure committee of compensation for the personal; and

An expenditure that is coordinated with a public official, a political committee affiliated with a public official or an agent of any person described in this subparagraph.

Coordinate or coordination:

Means to take an action, including making a contribution or an expenditure:

At the explicit or implicit direction, request, or suggestion of a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official; or

In cooperation, consultation, or concert with, or with other material involvement of a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official.

There shall be a rebuttable presumption that a contribution or an expenditure is coordinated with a public official, a political committee affiliated with a public official, or an agent of a public official or the official’s political committee, if:

The contribution or expenditure is made based on information that the public official, the official’s political committee, or the official’s agent, provided to the particular person making the contribution or expenditure about its needs or plans, including information about campaign messaging or planned expenditures;

The person making the contribution or expenditure retains the professional services of a person who also provides the public official, the official’s political committee or agent with professional services related to campaign or fundraising strategy;

Works or previously worked in a senior position or in an advisory capacity on the public official’s staff or on the public official’s principal campaign committee; or

Who is a member of the public official’s immediate family; or

The contribution or expenditure is made for the purpose of financing, directly or indirectly, the election of a candidate or the candidate’s political committee and that candidate has fundraised for the person making the expenditure.

Coordinated expenditure – made in cooperation, consultation, or concert with a candidate or party based on certain conduct or interactions occurring between the candidate or political committee and spender. An expenditure is deemed coordinated if it meets at least one “conduct” standard and one “content” standard.

Council – the Council of the District of Columbia.

Covered office - the office of Mayor, Attorney General, Chairman of the Council, member of the Council, and member of the State Board of Education.

Days - calendar days, unless stated otherwise.

Debate - the public, moderated, reciprocal discussion of issues conducted by the Director of Campaign Finance.

Director – the Director of Campaign Finance of the Board of Elections.

D.C. Official Code - the 2001 Edition of the Code, as amended.

Directly related - immediately or approximately connected to, allied to, or affiliated with.

Domestic partner – the same meaning as provided in D.C. Official Code § 32-701(3).

Duly registered voter - a registered voter who resides at the address listed on the Board’s records.

Effective date (of registration) – the date from which a registered voter’s information is valid.

Elected officials - the following local public officials:

The Delegate to the United States House of Representatives from the District of Columbia, as provided for in the District of Columbia Delegate Act of 1970, effective September 22, 1970, as amended (84 Stat. 848, Pub. L. 91-405; D.C. Official Code §§ 1-401, et seq. (2016 Repl.));

The Mayor of the District of Columbia, as provided for in D.C. Official Code §§ 1-204.21 and 1-204.22 (2016 Repl.);

The Chairperson and Members of the Council of the District of Columbia, as provided for in D.C. Official Code § 1-204.01 (2016 Repl.);

The Members of the State Board of Education, as provided for in D.C. Official Code § 38-2651 (2019 Repl.);

Electors of President and Vice President of the United States and the officials of political parties as provided for in D.C. Official Code § 1-1001.01 (2016 Repl.); and

Members of Advisory Neighborhood Commissions, as provided for in D.C. Official Code § 1-309.06 (2016 Repl. & 2019 Supp.) and § 1-1001.02(13) (2016 Repl. & 2019 Supp.).

Election – means a primary, general, or special election held in the District of Columbia to nominate an individual as candidate for election to office, to elect a candidate for office, or to decide an initiative, referendum, or recall measure, including a convention or caucus of a political party held to nominate such candidate.

Election Act - the District of Columbia Election Act, effective August 12, 1955, as amended (69 Stat. 699; D.C. Official Code §§ 1-1001.01, et seq. (2016 Repl.)), which governs the administration of all elections in the District of Columbia.

Election cycle - means:

The period beginning on the day after the date of the most recent general election for a seat for a covered office and ending on the date of the next general election for that seat for the covered office; or

In the case of a special election for a seat for a covered office, the period beginning on the day the special election is called and ending on the date of the special election for that seat for the covered office.

Election observer – an individual who has received proper credentials from the Board to witness the administration of elections, including members of nonpartisan or bipartisan, domestic or international organizations, who are not affiliated with a candidate or ballot measure.

Election official – any Board employee or election worker.

Election worker – an individual who is employed by the District of Columbia Board of Elections on those dates when elections and early voting are conducted in the District of Columbia or any subsequent dates upon which the counting or recounting of ballots occurs and includes, but is not limited to site coordinators, election workers, counters, or area representatives.

Election year - the calendar year in which there is held an election, where a political committee is engaged in promoting or opposing a political party, nomination or election of an individual to office, or any initiative, referendum, or recall measure.

Electronic filing - as provided by the Office of Campaign Finance in Chapters 30-40, the procedure by which filers may process required forms online though the world wide web at www.ocf.dc.gov.

Eligible candidate - an individual who is not ineligible to be a candidate pursuant to D.C. Official Code § 1-1001.15(b) (2016 Repl.) and who meets or is capable of meeting those statutory requirements necessary to serve in a particular office by the date of the election in which he or she seeks the office.

Employee - unless otherwise apparent from the context, a person who performs a function of the District of Columbia government and who receives compensation for the performance of such services, or a member of a District of Columbia government board or commission, whether or not for compensation.

Entrusted position - an elective and public office which is a public trust in which the citizenry reposes special confidence in the officeholder for the execution of duties or services which inure to the benefit of the citizenry.

Executive agency - includes:

A department, agency, or office in the executive branch of the District of Columbia government under the direct administrative control of the Mayor;

The State Board of Education or any of its constituent elements;

The University of the District of Columbia or any of its constituent elements;

The Board of Elections; and

Any District of Columbia professional licensing and examining board under the administrative control of the executive branch.

Expenditure – is made in cooperation, consultation, or concert with a candidate or committee that includes:

A purchase, payment, distribution, loan, advance, deposit, or gift or money or anything of value, made for the purpose of financing, directly, or indirectly:

The election campaign of a candidate;

Any operations of a political, exploratory, inaugural, transition, or legal defense committee; or

The election campaign to obtain signatures in any initiative, referendum, or recall petition, or to bring about the ratification or defeat of any initiative, referendum, or recall measure, or any operations of a political committee involved in such a campaign.

A contract, promise, or agreement, whether legally enforceable, to make an expenditure; and

A transfer of funds between political committees or between an exploratory committee and a political committee.

Exploratory Committee – any person, or group of persons, organized for the purpose of exploring the feasibility of an individual becoming a candidate for public office in the District of Columbia.

Fair Elections Committee – a political committee that only accepts contributions from:

Individuals who are District residents, which shall not exceed two hundred fifty dollars ($250) per individual per calendar year; or

A membership organization, if the contribution consists of membership dues paid by individuals who are District residents that do not exceed;

The amount of membership dues actually paid per member per calendar year; and

$250 per member per calendar year.

Fair Election Fund – the fund established by D.C. Official Code § 1-1163.32i.

Fair Elections Program – the program to provide for publicly funded campaigns.

Fair market value - the fair and reasonable cash price for which the property can be sold in the market at the time of alleged violation, or at the time of filing of the financial statement.

Fictitious ballot – a ballot which shows the design and layout of a ballot in an upcoming election, and does not contain the names of nominees or candidates actually seeking office or ballot questions actually to appear on an official ballot.

File, filed, and filing – delivery in person, electronically or by mail to the OCF by 5:30 p.m. of the prescribed date.

FOIA - the District of Columbia Freedom of Information Act, which ensures disclosure of certain information relative to the conduct of the District of Columbia Government and its employees.

Gift - a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received.

Government photo identification – a card issued by the District of Columbia government that bears a photograph of the face of the voter and the voter’s current, District of Columbia residential address.

Household - a public official or employee and any member of his or her immediate family with whom the public official or employee resides.

Identification - in the case of an individual, the full name, including first name, middle name or initial, if available, last name of an individual, and full address of the principal place of residence; and in the case of partnership, committee, corporation, labor organization, and any other organization, full name and mailing address.

Immediate family - the spouse or domestic partner of a public official or employee and any parent, grandparent, brother, sister, or child of the public official or employee, and the spouse or domestic partner of any such parent, grandparent, brother, sister, or child.

Inaugural Committee – any person, or group of persons, organized for the purpose of soliciting, accepting, and expending funds and coordinating activities to celebrate the election of a new Mayor.

Incidental expenses - any unreimbursed payment from a volunteer’s personal funds for usual and normal local travel and subsistence expenses incident to volunteer activity.

Income - gross income as defined in Section 61 of the Internal Revenue Code (26 USC § 61).

Independent expenditures - an expenditure that is made for the purpose of promoting or opposing the nomination or election of a candidate; a political party, or any initiative, referendum, or recall that is not controlled by or coordinated with any public official, or any agent of a public official, including a political committee; and not a contribution to a political committee, political action committee, or candidate.

Independent Expenditure Committee – any committee, club, association, organization, or other group of individuals that is organized for the purpose of making independent expenditures that is not controlled or coordinated with any public official or an agent of a public official, including a political action committee; and does not transfer or contribute to a political committee, political action committee, or a candidate.

Individual – a natural person.

In-kind contribution - a contribution of goods, services, or property by the contributor to a campaign finance committee, candidate, constituent-service program, or Statehood Fund.

Interpretative Opinion – a legal opinion issued by the Director of Campaign Finance concerning a proposed transaction relative to District of Columbia campaign finance law or regulation.

Legal Defense Committee – a person or group of person organized for the purpose of soliciting, accepting, and expending funds to defray the professional fees and costs for a public official’s legal defense to one or civil, criminal, or administrative proceedings arising directly out of the conduct of a campaign, the election process, or the performance of the public official’s governmental activities and duties.

Legal tender - currency and coins of the United States; ready money.

Legislative action - includes any activity conducted by an official in the legislative branch in the course of carrying out his or her duties as such an official, and relating to the introduction, passage, or defeat of any legislation in the Council.

Limited Liability Company (LLC) – is an unincorporated association established pursuant to District of Columbia Code (2001 edition), Title 29, Chapter 8, with one or more members who have limited personal liability for the debts and actions of the LLC.

Logic and accuracy testing (“L&A testing”) – validation of the mathematical accuracy of vote recording and tabulation equipment for internal and external consistencies.

Made with cooperation or consultation with any candidate - any arrangement, coordination, or direction by the candidate or his or her agent prior to the publication, distribution, display, or broadcast of the communication. An expenditure will be presumed to be so made when it is as follows:

Based on information about the candidate’s plans, projects, or needs provided to the expending person by the candidate, or by candidate’s agent, with a view toward having an expenditure made; and

Made by or through any person who is, or has been, authorized to raise or expend funds; who is, or has been, an officer of an authorized committee; or who is, or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s committee or agent.

Mail-in ballot – a physical ballot received by a registered qualified elector via mail or alternative format ballot, such as a web-based ballot, that is accessible to registered qualified electors with disabilities and absent uniformed services and overseas voters.

Mass collections - the receipt of contributions by a committee, candidate, or individual, at dinners, luncheons, rallies, and other fundraising events organized by a committee, candidate, or individual.

Mass sales - to make available for purchase by a committee, candidate, or individual, at dinners, luncheons, rallies, and other fundraising events organized by such committee, candidate, or individual, items in bulk such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials.

Matching payments – payments provided to a participating candidate in the Fair Elections Program for qualified small-dollar contributions.

Material involvement – means, with respect to a contribution or expenditure, any communication to or from a public official, a public official’s affiliated political committee, or any agent of a public official or the public official’s affiliated political committee, related to the contribution or expenditure. Material involvement includes devising or helping to devise the strategy, content, means of dissemination, or timing of the contribution or expenditure, or making any express or implied solicitation of the contribution or expenditures.

Membership organization – an organization that:

Is tax-exempt under Section 501(c) of the Internal Revenue Code;

Is comprised or members who are individuals, whether or not the organization also has affiliated organizations; provided that all of the members are required as a conditions of membership to pay dues at least annually in amounts predetermined by the membership organization;

Expressly solicits individuals to become members and expressly acknowledges acceptance of membership; and

Is neither a political committee nor otherwise organized for the principal purpose of promoting or opposing the nomination or election of a person to local, state, or federal public office.

Non-postmarked – not bearing the postal cancellation imprint on letters flats and parcels that shows the date, name, state, and ZIP Code of the post office or sectional center facility that accepted the mail.

Non-support year - any calendar year in which a political committee is not engaged in promoting or opposing a political party, the nomination or election of an individual to office, or any initiative, referendum, or recall measure.

Occupation - the principal job title or position, and type of business, or whether self-employed for the purposes of the Campaign Finance Act.

Official ballot – a sheet of paper, an electronic card, or another device or medium that has been approved by the Board for use during an election on which votes are recorded and stored.

Official in the executive branch - includes:

The Mayor;

Any officer or employee in the Executive Service;

Persons employed under the authority of D.C. Official Code §§ 1-609.01 through 1-609.03 (except § 1-609.03(a)(3)) paid at a rate of DS-13 or above in the General Schedule or equivalent compensation under the provisions of Subchapter XI of Chapter 6 of this title designated in § 1-609.08 (except paragraphs (9) and (10) of that section; or

Members of boards and commissions designated in § 1-523.01(e).

Official in the legislative branch - any candidate for Chairman or member of the Council in a primary, special, or general election, the Chairman or Chairman-elect or any member or member-elect of the Council, officers, and employees of the Council appointed under the authority of §§ 1-609.01 through 1-609.03 or designated in § 1-609.08.

Official of a political party – national committeemen and committeewomen and their alternates; delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States and their alternates, where permitted by party rules; such members and officials of local committees of political parties as designated by duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District of Columbia.

Ordinary course of business - transacting business according to customary and reasonable business practices.

Overvote – an instance in which a voter casts a vote for a greater number of candidates or positions than the number for which he or she was lawfully entitled to vote and no vote shall be counted with respect to that office or question; provided that with respect to a ranked choice voting contest, an overvote means an instance in which a voter has ranked more than one candidate at the same ranking.

Participating candidate – a candidate for a seat for a covered office who is certified under § 4206.

Particular matter - a deliberation, decision, or action that is focused upon the interests of specific persons, or a discrete and identifiable class of persons.

Partnership – an association of two (2) or more persons acting as co-owners of a business for profit.

Party – a person or group of persons directly involved in, or having an interest at stake in the outcome of a transaction, which is the subject of a legal proceeding as a litigant.

Party affiliation status – for registration and registration update purposes, the elector’s choice of “Democratic Party,” “Republican Party,” “D.C. Statehood Green Party,” “Libertarian Party”, “no party (independent),” or any other minor party.

Person – an individual, partnership, committee, corporation, limited liability company, labor organization, or any other organization.

Political Committee – any proposer, individual, committee (including a principal campaign committee), club, organization, association, or other group of individuals organized for the purpose of, or engaged in promoting or opposing, the nomination or election of an individual to office, a political party, or any initiative, referendum, or recall measure.

Political Party – an association, committee, or other organized group of individuals who share a similar ideology concerning government policy, and which nominates a candidate for election to office in the District of Columbia.

Political Action Committee (PAC) – any committee, organization, or other group of individuals organized for the purpose to promote or oppose the election of a person to public office, a political party; or any initiative, referendum, or recall that is not controlled by or coordinated with any public official or any agent of a public official, including a political action committee.

Poll watcher – a qualified elector who has received proper credentials from the Board to monitor voting or ballot counting activity on behalf of a qualified candidate, or proponent or opponent of a proposed initiative, referendum, recall measure, or Charter amendment.

Postmarked – bearing the postal cancellation imprint on letters flats and parcels that shows the date, name, state, and ZIP Code of the post office or sectional center facility that accepted the mail.

Principal – of a business means senior officers of that business, such as president, executive director, chief executive officer, chief operating officer, or chief financial officer. If a business is an educational institution, the term “principal” shall not include deans of that business.

Principal Campaign Committee (PCC) – an organized group of individuals, whose name includes the name of a clearly identified candidate, which is authorized by a candidate to cause his or her nomination or election to office in the District of Columbia.

Principal place of business - full name under which the business is conducted and the addresses, city, and state in which the person is employed or conducts business.

Prohibited source - any person that:

Has or is seeking to obtain contractual or other business or financial relations with the District of Columbia government;

Conducts operations or activities that are subject to regulation by the District of Columbia government; or

Has an interest that may be favorably affected by the performance or non-performance of the employee's official responsibilities.

Public official - includes:

A candidate for election to public office;

Mayor, Attorney General, or Chairman of the Council;

A Representative or Senator elected pursuant to D.C. Official Code § 1-123;

An Advisory Neighborhood Commissioner;

A member of the State Board of Education;

A person serving as a subordinate agency head in a position designated as within the Executive Service;

A member of a board or commission listed in D.C. Official Code § 1-523.01(e); and

A District of Columbia Excepted Service employee paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and any additional employees designated by rule by the Ethics Board who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest.

Qualified elector – a registered voter who resides at the address listed on the Board’s records.

Qualified petition circulator - a person who is at least 17 years of age and who will be 18 years of age on or before the next general election and is either:

A District resident; or

A resident of another jurisdiction who has registered with the Board as a petition circulator and consented to being subject to the subpoena power of the Board and the jurisdiction of the Superior Court of the District of Columbia for the enforcement of subpoenas without respect to the individual’s place of residence.

Qualified registered elector – a registered voter who resides at the address listed on the Board’s records.

Qualified small-dollar contribution – a deposit of money that:

Is made for the purpose of financing the nomination or election of a candidate or any operations of a political committee;

Meets the requirements of § 4205; and

Is contributed by a small-dollar contributor to a candidate seeking certification or a participating candidate in the Fair Elections Program.

Qualifying period – means:

For a candidate running in a primary election, the period beginning on the date after the most recent general election for a seat for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the primary election for the seat for the covered office sought;

For a candidate not running in a primary election, the period beginning on the day after the most recent general election for the seat for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the covered office sought; or

For a candidate running in a special election, the period beginning on the day the special election is called and ending on the last to file nominating petitions for the covered office sought.

Registered qualified elector - a registered voter who resides at the address listed on the Board’s records

Respondent – a party to a contested matter in an administrative proceeding.

Sample/specimen ballot – a representation of an original official ballot used for demonstration purposes only.

Small-dollar contributor – an individual who:

Is a District resident; and

Contributes a qualified small-dollar contribution to a candidate seeking certification or a participating candidate in the Fair Elections Program.

Statement of Candidacy - a written statement, filed with the Director, declaring one’s intention of becoming a candidate for election, made "under penalty of perjury" and signed by the candidate.

Statement of Organization – a prescribed form that identifies the name of any group of individuals, proposer, individual, club, organization, or association organized for the purpose of promoting or opposing the nomination or election of an individual to office, or promoting or opposing a political party or any initiative, referendum or recall measure, made "under penalty of perjury" and signed by the Treasurer or a designated agent.

Submission – the voter’s act of returning a voted ballot to the Board.

Surplus funds - residual or unexpended monies remaining in a candidate, constituent-service program, Statehood Fund, or political committee account in excess of the amount necessary to defray expenses.

Testimonial committee - any committee, association, or organization organized and operated exclusively for the purpose of publicly acknowledging an official’s services, character, attainments, conduct, qualifications, or contributions while holding office. A testimonial committee is not a political committee.

Timely completed – the information given and signature made on or prior to the date required pursuant to the D.C. Official Code and the D.C. Municipal Regulations, Title 3.

To cause to be undertaken - an actual writing, drawn up by an executive agency, intended to initiate a rulemaking proceeding. The phrase is not intended to include discussion among members of the agency or the public prior to their submission of the writing.

Transition Committee – any person or group of persons organized for the purpose of soliciting, accepting or expending funds for office and personnel transition on behalf of the Mayor, Attorney General, or the Chairman of the Council.

Transmission – the Board’s act of sending a ballot to the voter.

To propose legislation - an actual written proposal signed by the head of a proposing agency and submitted to the Mayor, Council, President of the United States, or the United States Congress. It does not refer to discussion among members of the proposing agency before submission of the written request, nor does it refer to oral communications between the proposing agency and the Mayor, President, or members of the Council or the U. S. Congress.

Treasurer – an official of a political campaign or other committee, who is required to file a Statement of Acceptance of Treasurer with the Director of Campaign Finance, and authorized to receive contributions, to make expenditures and to file financial reports on behalf of a candidate or other committee.

Unauthorized committee – any organized political committee that has not been designated by a candidate for election.

Uncontested election – an election for a seat for a covered office for which there is only one participating candidate.

Undervote – an instance in which a voter casts a vote for a lesser number of candidates or positions than the number for which he was lawfully entitled to vote; provided that with respect to a ranked choice voting contest, an undervote is a ballot that does not contain any candidates at any ranking in a particular contest.

Vote center – a centralized polling place at which registered qualified electors may vote, regardless of their address within the District, provided that only registered qualified electors in the care and custody of the Department of Corrections may vote at Vote Centers located in Department of Corrections facilities.

Voter registration application – a Board-approved form that meets federal requirements pursuant to the National Voter Registration Act (“NVRA”) (42 USC §§ 1973gg, et seq.) and the Help America Vote Act (“HAVA”) (42 USC §§ 15301 – 15545) that a qualified elector uses to register to vote or to update voter registration information.

Voting system – any equipment or software used to tabulate ballots.

Write-in nominee - an individual whose name is written on or imprinted upon the ballot by a voter, in a primary, general, or special election and whose eligibility as a candidate in the election has not been determined by the Executive Director.

Write-in candidate (“qualified write-in candidate”) – as distinguished from a “write-in nominee,” an individual who is seeking nomination or election by the electorate and whose eligibility as a candidate in the election has been determined by the Executive Director.

History

SOURCE: Final Rulemaking published at 45 DCR 3161, 3214 (May 22, 1998); as amended at Final Rulemaking 53 DCR 3243-3244 (April 21, 2006); as amended by Emergency and Proposed Rulemaking published at 57 DCR 7725 (August 20, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 11169 (November 26, 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); as amended by Final Rulemaking published at 61 DCR 6201 (June 20, 2014); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 69 DCR 005226 (May 13, 2022); as amended by Final Rulemaking published at 69 DCR 009504 (July 29, 2022); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 73 DCR 008498 (June 12, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 9900

3-104 OFFICE OF OPEN GOVERNMENT

3 DCMR § 10400 FILING AND PRESENTATION OF COMPLAINTS

10400.1 Any person who does not receive proper notice of any open meeting and or records of open meetings of a Public Body in accordance with the provisions of the Open Meetings Act (D.C. Law 18-350; D.C. Official Code §§ 2-571 et seq.) may submit a complaint under the provisions of this chapter. If a meeting is timely published and posted as set forth in the Open Meetings Act, the Public Body has given proper notice of a meeting.

10400.2 A Complainant shall submit a complaint to the Director within sixty (60) days following the date that the Complainant knew or reasonably should have known of the alleged violation. A complaint may refer to one or more open meetings.

10400.3 The Director may accept a Prospective Complaint that alleges the future action of a Public Body appears, to a Complainant, likely to violate the Open Meetings Act.

10400.4 The Director shall take reasonable steps to reach prompt conclusions on a Prospective Complaint and to minimize future violations of the Open Meetings Act.

10400.5 Complaints may be submitted in writing or in person at the Office of Open Government, Board of Ethics and Government Accountability by mail at 441 4th Street, N.W., Suite 830 South, Washington D.C. 20001; or by electronic means at opengovoffice@dc.gov. When submitting complaints by mail, the Complainant shall write “Open Meetings Act Complaint” on the outside of the envelope. Electronic complaints shall state “Open Meetings Act Complaint” in the subject line or heading of the communication. A Complainant may access and submit a complaint form on the Office of Open Government’s website, OPEN.DC.GOV.

10400.6 Complaints may be submitted anonymously. If the Complainant requests anonymity, the Director shall honor Complainant’s request to remain anonymous.

10400.7 A complaint shall include the Complainant’s name, and at least one of the following: mailing address, email address, or phone number.

10400.8 Complaints shall include the following details regarding the meeting complained of:

(a) The name of the Public Body;

(b) The date of the open meeting, and

If there are record(s) to substantiate the complaint, the complaint shall identify the supporting record(s) and the location of the record(s). Relevant timestamp information shall accompany audio and video records.

10400.9 The Director shall confirm receipt of a complaint within five (5) businesses days of the Director’s receipt of the complaint.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019); as amended by Final Rulemaking published at 73 DCR 008927 (June 26, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10400

3 DCMR § 10401 PROCESSING OF COMPLAINTS

10401.1 The Director shall review a complaint within fourteen (14) business days and may take one or more of the following actions:

(a) Request additional information from the Complainant or Public Body to investigate the complaint;

(b) Dismiss the complaint;

(d) Initiate the issuance of an Advisory Opinion.

10401.2 A Complainant may withdraw a complaint at any time prior to the Director’s issuance of an advisory opinion. A request to withdraw the complaint shall be made in writing with “Open Meetings Act Complaint Withdrawal” on the envelope or in the subject line or heading of electronic correspondence sent to opengovoffice@dc.gov.

10401.3 Prospective Complaints shall be processed in the same general manner as other complaints, with reasonable modifications of deadlines to provide a timely response.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10401

3 DCMR § 10402 REVIEWS OF COMPLAINTS

10402.1 The Director shall consider, at a minimum, the following factors when issuing findings, determinations, and conclusions under this chapter:

(a) The nature, content, language or subject matter of the complaint;

(b) The nature, content, language or subject matter of prior or contemporaneous complaints by the person making the complaint; and

(c) The nature, content, language or subject matter of other verbal and written communications to any Public Body or any official of a Public Body from the person making the complaint.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10402

3 DCMR § 10403 DISMISSALS OF COMPLAINTS

10403.1 The Director may dismiss a complaint on one or more of the following grounds:

(a) The complaint does not raise issues within the Director’s authority under the Open Meetings Act;

(b) The action complained of does not violate the Open Meetings Act;

(c) The Complainant declined to provide information the Director reasonably believed necessary to evaluate the complaint (or failed to respond within thirty (30) days to such a request);

(d) The Complainant’s failure to cooperate with the investigation;

(e) The violation committed is a technical violation of the Open Meetings Act that constitutes a harmless error that does not infringe upon the Complainant’s rights under the Open Meetings Act; and

(f) The complaint becomes moot due to action taken by the Public Body.

10403.2 The Director shall return a dismissed complaint to the Complainant with an explanation of the reason(s) for dismissal.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10403

3 DCMR § 10404 CONCILIATIONS OF COMPLAINTS

10404.1 Upon receipt of a complaint, the Director may first seek to resolve disputes through conciliation.

10404.2 The goal of conciliation is to arrive at an acceptable resolution of the complaint through discussion and exchange of views. The Director may only issue an Advisory Opinion on a complaint resolved through conciliation with the consent of the parties and for the sole purpose of instructing the public on the issue in dispute.

10404.3 In the conciliation discussion, the Director (or the Director’s designee) serves as facilitator.

10404.4 If conciliation is not successful, the Director may dismiss the complaint, investigate further, issue an Advisory Opinion or take any other step permitted by the Open Meetings Act and in these regulations.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10404

3 DCMR § 10405 INVESTIGATIONS OF COMPLAINTS

10405.1 The Director shall complete the investigation of a complaint within a reasonable time after the Director’s receipt of the complaint and any subsequent requests for information from the Complainant or Public Body.

10405.2 The Director shall transmit a complaint to the Public Body named in the complaint. The Public Body shall respond to the complaint within thirty (30) days of receiving notice of the complaint from the Director. If the Public Body does not respond within thirty (30) days, the Director may issue an Advisory Opinion based on the information available from the complaint and any other relevant sources. In the case of Prospective Complaints, the Director may request an earlier deadline for a response from the Public Body.

10405.3 The Director may grant the Public Body one extension of up to five (5) business days in which to respond to the complaint. Any subsequent extensions may only be granted with the agreement of the Complainant.

10405.4 The response from the Public Body shall address the complaint and any other questions raised by the Director. A response that denies one or more violations of the Open Meetings Act shall include an explanation. A response that admits one or more violations of the Open Meetings Act shall include a plan of corrective action. An individual (officer, counsel, staff) with authorization to represent the Public Body shall sign the response.

10405.5 The Director shall maintain the confidentiality of records of a closed meeting of a Public Body, provided they are submitted with clear markings of the portions to be kept sealed.

10405.6 The Public Body shall provide a copy of its response to the Director and the Complainant at the same time. The copy of the response provided to the Complainant shall omit records of a closed meeting.

10405.7 The Director may request further information from either the Public Body or the Complainant, to be provided within a reasonable time, and in no event less than five (5) business days from the date of the request for further information. The Director may request representatives of the Public Body and the Complainant to attend an informal conference to discuss the complaint.

10405.8 If it is determined after investigation that a Public Body has violated or intends to violate the provisions of the Open Meetings Act, the Director may bring a lawsuit in the Superior Court of the District of Columbia for injunctive or declarative relief pursuant to D.C. Official Code § 2-579, without first issuing an Advisory Opinion.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10405

3 DCMR § 10406 ADVISORY OPINIONS

10406.1 Based on results of the investigation, the Director shall issue an Advisory Opinion addressing the complaint that a Public Body violated the Open Meetings Act. The Director shall issue an Advisory Opinion within thirty (30) days of the later of the following: receipt of the response from the Public Body, the last due date for any additional information requested, or the date of any informal conference.

10406.2 An Advisory Opinion shall explain the Director’s findings of fact and understanding of the law. Where the Director concludes there was a violation, the Advisory Opinion shall set forth corrective actions that the Public Body shall complete to avoid further legal action as set forth in an Advisory Opinion.

10406.3 If the corrective actions set forth in an Advisory Opinion are not taken or not completed in a timely matter, the Director may bring a lawsuit in the Superior Court of the District of Columbia for injunctive or declaratory relief pursuant to D.C. Official Code § 2-579.

10406.4 The Director shall provide copies of the Advisory Opinion to the Complainant and the Public Body and shall make it available to the public by posting it on the Office of Open Government Website and by publication in the District of Columbia Register.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10406

3 DCMR § 10407 PUBLIC BODY REQUESTS FOR ADVISORY OPINIONS

10407.1 The Director may issue an Advisory Opinion on compliance with the Open Meetings Act on the Director’s own initiative or at the request of a Public Official or employee, pursuant to D.C. Official Code §§ 2-579(g) and 1-1162.05(c)(1).

10407.2 A request for an Advisory Opinion by a Public Official or employee may be submitted in writing to the Office of Open Government, Board of Ethics and Government Accountability by mail at 441 4th Street, N.W., Suite 830 South, Washington D.C. 20001 or by electronic mail to opengovoffice@dc.gov. Requests for Advisory Opinions submitted by mail shall include the phrase “Advisory Opinion Request” on the outside envelope. Electronic mail requests shall state “Advisory Opinion Request” in the subject line or heading of the communication.

10407.3 The Director may publish an Advisory Opinion upon approval of the requesting Public Official or employee. When publishing an advisory opinion, the Director shall make appropriate redactions to ensure confidentiality.

10407.4 The Director shall review requests from Public Officials or employees and provide notice of the Director’s intent to issue an Advisory Opinion to the requester within ten (10) business days of receiving the request. Once the Director provides notice of the intent to issue an Advisory Opinion, the Director shall issue the Advisory Opinion within thirty (30) days.

10407.5 A Public Official requester, employee requester, or any person aggrieved by an Advisory Opinion issued by the Director on his or her own initiative may appeal the Advisory Opinion to the Board for its consideration.

10407.6 The Board shall receive the request to appeal the opinion for consideration within ten (10) business days of the Director’s issuance of an Advisory Opinion. The Advisory Opinion is final and not appealable after ten (10) business days.

10407.7 An appeal of an Advisory Opinion to the Board for consideration shall be in writing, signed by the party making the appeal, and shall include:

(a) A copy of the Advisory Opinion;

(b) A statement of circumstances, reasons or legal arguments in support of the request for consideration by the Board;

(d) A draft Board Order.

10407.8 A request to appeal an Advisory Opinion to the Board for consideration shall be submitted in writing to the Board of Ethics and Government Accountability. The request for reconsideration may be sent by U.S. mail to 441 4th Street, N.W., Suite 830 South, Washington D.C. 20001 or by electronic mail to bega@dc.gov. Requests for reconsideration by the Board submitted by mail shall include the phrase “OMA Advisory Opinion Appeal” on the outside envelope. Electronic mail requests for reconsideration by the Board shall state “OMA Advisory Opinion Appeal” in the subject line or heading of the communication. The requester shall send a copy of the request for reconsideration of an Advisory Opinion by the Board to the Director at the same time it is sent to the Board.

10407.9 If the Director elects to file a response to a request to appeal an Advisory Opinion to the Board for consideration, the Director shall file the response to the Board within ten (10) business days of the Director’s receipt of a copy of the appeal.

10407.10 The Director may request an extension of time to file the response required by Subsection 1047.9, by sending a written request for extension of time to respond to the Board with a copy to the Public Official, employee, or party aggrieved by an Advisory Opinion that the Director has issued on his or her own initiative. The request for extension of time shall state the length of the extension and the reasons for the extension. The Board shall receive the request for extension of time within seven (7) business days of the Board’s receipt of a request for reconsideration of an Advisory Opinion. The Board (or its designee) shall respond to the Director’s request for an extension of time within seven (7) business days and provide a copy of the response to the Public Body member, employee, or aggrieved party.

10407.11 The Board shall issue a written decision on the appeal as soon as practicable. The Advisory Opinion is binding unless and until the Board disapproves of it in writing. If the Board does not issue a written decision on the appeal within six months of the Board’s receipt of the request for reconsideration of an Advisory Opinion, the Advisory Opinion is deemed approved. The Board’s decision is final and not subject to further appeal.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10407

3 DCMR § 10408 RULES OF PARLIAMENTARY PROCEDURE

10408.1 Unless otherwise provided by law or its own by-laws, a public body, except for the District of Columbia Council, may conduct public meetings using the rules of parliamentary procedure set forth in the latest edition of Robert’s Rules of Order. A Public Body shall be clear and simple in its procedures and avoid invoking the finer points of parliamentary procedure when doing so would obscure the issues and confuse the public.

10408.2 The Director may provide advice and training on parliamentary procedure upon request.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10408

3 DCMR § 10409 PUBLIC MEETING RECORDS

10409.1 The records for all regular, special, and emergency meetings shall contain a draft and final meeting agenda and a recording of the meeting in electronic form. The records of all closed/executive sessions shall include an electronic recording of the meeting.

10409.2 A Public Body’s agenda shall contain the order of business for the meeting. The final agenda shall contain any changes adopted by the Public Body. The Public Body shall include the following statement at the end of all draft and final meeting agenda: “This meeting is governed by the Open Meetings Act. Please address any questions or complaints arising under this meeting to the Office of Open Government at opengovoffice@dc.gov.”

10409.3 A Public Body shall make electronic meeting records available to the public upon request within seven (7) business days after the meeting.

10409.4 A Public Body may post transcripts in lieu of posting detailed meeting minutes. When posting transcripts in lieu of meeting minutes, transcripts of meetings shall be posted to the Public Body’s website or the District of Columbia’s website within seven (7) business days after the meeting. If transcripts will not be available within this time-frame, a Public Body shall post detailed meeting minutes within three (3) business days after the meeting, with a notation at the top of the document that full meeting minutes shall be posted on the next meeting date of the Public Body.

10409.5 A draft of the detailed meeting minutes shall be posted on the Public Body’s website or the District government’s website within three (3) business days of a meeting, with a notation at the top of the document that full meeting minutes shall be posted on the next meeting date of the Public Body.

10409.6 Detailed meeting minutes shall contain the following information:

(a) The date, time, and place of the meeting or session;

(b) The names of members of the Public Body recorded as either present or absent; and

(c) Any motions, and amendments thereto, a record of all votes taken, and general description of all matters considered during the meeting.

10409.7 A Public Body conducting a meeting by electronic means shall ensure the meeting complies with the Open Meetings Act and take the following actions:

Provide a dial-in number for the public to participate in the meeting if the meeting is held by teleconference;

Provide login information if the meeting is held by web-conference;

Record the meeting my electronic means; and

Take all votes by roll call.

10409.8 A Public Body shall retain all electronic recordings of meetings and written minutes pursuant to District law and shall comply with the District of Columbia General Records Schedules concerning the disposition of its electronic meeting recordings and written meeting minutes.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10409

3 DCMR § 10410 TRAINING

10410.1 Pursuant to D.C. Official Code § 2-580, the Mayor, in coordination with the Office of Open Government, shall:

(a) Develop an Open Meetings Act training manual, within nine months of the adoption of these rules, for Public Body members and their assigned administrative points of contact; and

(b) Annually advise all Public Body members and their assigned administrative points of contact of their responsibilities under the Opening Meetings Act and related regulations.

10410.2 The Director shall establish procedures for Public Body members and their assigned administrative points of contact to complete training on the Open Meetings Act within sixty (60) days of assuming their office or role.

History

SOURCE: Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10410

3 DCMR § 10411 CLOSED MEETINGS

10411.1 Public bodies, as defined in D.C. Official Code § 2-574(3), may close a meeting or portion of a meeting for the purposes described in Section 405(b) of the Open Meetings Act.

10411.2 Before a meeting or portion of a meeting may be closed, the public body shall meet in a public, open session at which a majority of the members of the public body present vote in favor of closure.

10411.3 The public vote in favor of closure shall immediately precede the closed meeting or closed portion of a meeting.

10411.4 (a) Prior to entering closed session pursuant to D.C. Official Code § 2-575(b), the presiding officer shall:

Publicly identify the specific statutory exemption authorizing closure; and

Provide a general description of the specific subject matter to be discussed.

(b) The description required under subsection (a)(ii) shall:

Be stated in general terms sufficient to inform the public of the nature of the matter under consideration;

Avoid disclosure of confidential, privileged, or otherwise protected information; and

Identify the particular issue, proceeding, or category of matter within the applicable exemption, where feasible.

Merely reciting or tracking the statutory language of the exemption, without additional description of the specific matter to be discussed, shall not, by itself, satisfy the requirement to state the subjects to be discussed.

(d) Nothing in this section shall be construed to require disclosure of information that is privileged, confidential, or exempt from public disclosure under District or federal law.

(e) A copy of the vote to enter into closed session and the statement shall be provided in writing and made available to the public.

10411.5 A public body that meets in closed session shall not discuss or consider matters other than those matters listed under D.C. Official Code § 2-575(b) for which the presiding officer gave the public notice of prior to closure.

10411.6 Upon conclusion of the closed session, the public body shall reconvene in open session to put on the record any official action taken during the closed session.

History

SOURCE: Final Rulemaking published at 73 DCR 008927 (June 26, 2026). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10411

3 DCMR § 10499 DEFINITIONS

10499.1

“Advisory Opinion” means (i) an opinion issued by the Director upon investigation of a complaint alleging violation of the Open Meetings Act; (ii) an opinion issued by the Director following a request from a Public Official or employee regarding its compliance with the Open Meetings Act; or (iii) an opinion issued by the Director on his or her own initiative.

“Board” means the Board of Ethics and Government Accountability established by D.C. Official Code § 1-1162.02(a).

“Director” means the head of the Office of Open Government as provided in D.C. Official Code § 1-1162.05b.

“Prospective Complaint” means a complaint about a future action of a Public Body that appears, to a Complainant, likely to violate the Open Meetings Act.

“Public Body” has the meaning given in D.C. Official Code § 2-574(3) and includes for the purposes of requesting an Advisory Opinion or appeal for consideration by the Board of an Advisory Opinion, a Public Body member or employee.

History

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014); as amended by Final Rulemaking published at 66 DCR 6673 (May 31, 2019). District of Columbia Municipal Regulations Elections and Ethics 3 DCMR § 10499