D.C. Code 1-1121 note. TITLE I-SHORT TITLE, DEFINITIONS SHORT TITLE SEC. 101. This Act may be cited as the "District of Columbia Campaign Finance Reform and Conflict of Interest Act." DEFINITIONS D.C. Code 1-1121. 88 STAT 447 88 STAT. 448 SEC. 102. When used in this Act, unless otherwise provided(a) The term "election" means a primary, runoff, general, or special election held in the District of Columbia for the purpose of nominating an individual to be a candidate for election to office or for the purpose of electing a candidate to office, and includes a convention or caucus of a political party held for the purpose of nominating such a candidate. (b) The term "candidate" means an individual who seeks nomination for election, or election, to office, whether or not such individual is nominated or elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if he has (1) obtained or authorized any other person to obtain nominating petitions to qualify himself for nomination for election, or election, to office, (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to office, or (3) reason to know, or knows, 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. A person who is deemed to be a candidate for the purposes of this Act shall not be deemed, solely by reason of that status, to be a candidate for the purposes of any other Federal law. (c) The term "office" means the office of Mayor of the District of Columbia, Chairman or member of the Council of the District of Columbia, member of the Board of Education of the District of Columbia, or an official of a political party. (d) The term "official of a political party" means— (1) national committeemen and national committeewomen; (2) delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States; (3) alternates to the officials referred to in clauses (1) and (2) above, where permitted by political party rules; and (4) such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District of Columbia. (e) The term "political committee" means any committee (including a principal campaign committee), club, association, organization. or other group of individuals organized for the purpose of, or engaged in, promoting or opposing a political party or the nomination or election of an individual to office. (f) The term "contribution" means (1) a gift, subscription (including any assessment, fee, or mem bership dues), loan, advance, or deposit of money or anything of value, made for the purpose of financing, directly or indirectly the election campaign of a candidate or any operations of a politi cal committee; (2) a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; (3) a transfer of funds between political committees; or (4) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge, or for less than reasonable value, for any such purpose or the furnishing of goods, advertising, or services to a candidate's campaign without charge, or at a rate which is less than the rate normally charged for such services. Notwithstanding the foregoing, such term shall not be construed to include (A) services provided without compensation, by individuals 88 STAT, 448 volunteering a portion or all of their time on behalf of a candidate or 88 STAT. 449 political committee, (B) personal services provided without compensation by individuals volunteering a portion or all of their time to a candidate or political committee, (C) communications by an organization, other than a political party, solely to its members and their families on any subject, (D) communications (including advertisements) to any person on any subject by any organization which is organized solely as an issue-oriented organization, which communications neither endorse nor oppose any candidate for office, or (E) normal billing credit for a period not exceeding thirty days. (g) The term "expenditure" means— (1) a purchase, payment, distribution, loan, advance, deposit, or gift of money of anything of value, made for the purpose of financing, directly or indirectly, the election campaign of a candidate or any operations of a political committee; (2) a contract, promise, or agreement, whether or not legally (3) a transfer of funds between political committees: and (h) The term "person" means an individual, partnership, committee, association, corporation, labor organization, and any other organization or group of persons. (i) The term "Director" means the Director of Campaign Finance of the District of Columbia Board of Elections and Ethics created by title III. (j) The term "political party" means an association, committee, or organization which nominates a candidate for election to any office and qualifies under the District of Columbia Election Act (D.C. Code, sec. 1-1101 et seq.), to have the names of its nominees appear on the 69 Stat. 699; election ballot as the candidate of that association, committee, or 87 Stat. 832. organization. (k) The term "Board" means the District of Columbia Board of Elections and Ethics established under the District of Columbia Election Act (D.C. Code, sec. 1-1101 et seq.) and redesignated by section 306. TITLE II-FINANCIAL DISCLOSURES ORGANIZATION OF POLITICAL COMMITTEES SEC. 201. (a) Every political committee shall have a chairman and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a political committee at a time when there is a vacancy in the office of treasurer thereof and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a political committee without the authorization of its chairman or treasurer, or their designated agents. Chairman and treasurer. D.C. Code 1-1131. 88 STAT. 450 Contributions. (b) Every person who receives a contribution of $10 or more for or on behalf of a political committee shall, on demand of the treasurer, and in any event within five days after receipt of such contribution, submit to the treasurer of such committee a detailed account thereof, including the amount, the name and address (including the occupation and the principal place of business, if any) of the person making such contribution, and the date on which such contribution was received. Commingled funds, All funds of a political committee shall be segregated from, and may not be commingled with, any personal funds of officers, members, or associates of such committee. prohibition. Contributions (c) Except for accounts of expenditures made out of the petty cash and expenditures, fund provided for under section 201(b), the treasurer of a political committee, and each candidate, shall keep a detailed and exact account of accounts. Records, preservation. D.C.Code 1-1132. (1) all contributions made to or for such political committee or candidate; (2) the full name and mailing address (including the occupation and the principal place of business, if any) of every person making a contribution of $10 or more, and the date and amount thereof; (3) all expenditures made by or on behalf of such committee or candidate; and (4) the full name and mailing address (including the occupation and the principal place of business, if any) of every person to whom any expenditure is made, the date and amount thereof and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made. (d) The treasurer or candidate shall obtain and preserve such receipted bills and records as may be required by the Board. (e) Each political committee and candidate shall include on the face or front page of all literature and advertisements soliciting funds the following notice: "A copy of our report is filed with the Director of Campaign Finance of the District of Columbia Board of Elections and Ethics.". PRINCIPAL CAMPAIGN COMMITTEE SEC. 202. (a) Each candidate for office shall designate in writing one political committee as his principal campaign committee. 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 nomination for election, or election, of the candidate who designated it as his principal campaign committee. The principal committee may require additional reports to be made to it by any such political committee and may designate the time and number of all reports. No political committee may be designated as the principal campaign committee of more than one candidate, except a principal campaign committee supporting the nomination or election of a candidate as an official of a political party may support the nomination or election of more than one such candidate, but may not support the nomination or election of a candidate for any public office. (b) Each statement (including the statement of organization required under section 204) or report that a political committee is required to file with or furnish to the Director under the provisions of this Act shall also be furnished, if that political committee is not a principal campaign committee, to the campaign committee for the candidate on whose behalf that political committee is accepting or making, or intends to accept or make, contributions or expenditures. (c) The treasurer of each political committee which is a principal campaign committee, and each candidate, shall receive all reports and statements filed with or furnished to it or him by other political committees, consolidate, and furnish the reports and statements to the Director, together with the reports and statements of the principal campaign committee of which he is treasurer or which was designated by him, in accordance with the provisions of this title and regulations prescribed by the Board. DESIGNATION OF CAMPAIGN DEPOSITORY SEC. 203. (a) Each political committee, and each candidate accepting contributions or making expenditures, shall designate, in the registration statement required under section 204 or 205, one national bank located in the District of Columbia as the campaign depository of that political committee or candidate. Each such committee or candidate shall maintain a checking account at such depository and shall deposit any contributions received by the committee or candidate into that account. No expenditures may be made by such committee or candidate except by check drawn payable to the person to whom the expenditure is being made on that account, other than petty cash expenditures as provided in subsection (b). (b) A political committee or candidate may maintain a petty cash fund out of which may be made expenditures not in excess of $50 to any person in connection with a single purchase or transaction. A record of petty cash receipts and disbursements shall be kept in accordance with requirements established by the Board and such statements and reports thereof shall be furnished to the Director as it may require. Payments may be made into the petty cash fund only by check drawn on the checking account maintained at the campaign depository of such political committee or candidate. REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS SEC. 204. (a) Each political committee shall file with the Director a statement of organization within ten days after its organization. Each such committee in existence at the date of enactment of this Act shall file a statement of organization with the Director at such time as the Director may prescribe (b) The statement of organization shall include (1) the name and address of the political committee; (2) the names, addresses, and relationships of affiliated or connected organizations; (3) the area, scope, or jurisdiction of the political committee; (4) the name, address, and position of the custodian of books and accounts; (5) the name, address, and position of other principal officers, including officers and members of the finance committee, if any; (6) the name, address, office sought, and party affiliation of (A) each candidate whom the committee is supporting, and (B) any other individual, if any, whom the committee is supporting for nomination for election or election, to any public office whatever; or, if the committee is supporting the entire ticket of any party, the name of the party; (7) a statement whether the political committee is a continuing one; (8) the disposition of residual funds which will be made in the event of dissolution; (9) the name and address of the bank designated by the committee as the campaign depository, together with the title and number of each account and safety deposit box used by that com D.C. Code 1-1133. Petty cash fund. Recordkeeping Statement of organization. D.C. Code 1-1134. Contents. Filing. D.C. Code 1-1135. D.C. Code 1-1136. mittee at the depository, and the identification of each individual authorized to make withdrawals or payments out of each such account or box; and (10) such other information as shall be required by the Director. (c) Any change in information previously submitted in a statement of organization shall be reported to the Director within the ten-day period following the change. (d) Any political committee which, after having filed one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director. REGISTRATION OF CANDIDATES SEC. 205. (a) Each individual shall, within five days of becoming a candidate, or within five days of the day on which he, or any person authorized by him (pursuant to section 401 (d)) to do so, has received a contribution or made an expenditure in connection with his campaign or for the purposes of preparing to undertake his campaign, file with the Director a registration statement in such form as the Director may prescribe. (b) In addition, candidates shall provide the Director the name and address of the campaign depository designated by that candidate, together with the title and number of each account and safety deposit box used by that candidate at the depository, and the identification of each individual authorized to make withdrawals or payments out of such account or box, and such other information as shall be required by the Director. REPORTS BY POLITICAL COMMITTEES AND CANDIDATES SEC. 206. (a) The treasurer of each political committee supporting a candidate, and each candidate, required to register under this Act, shall file with the Director, and with the applicable principal campaign committee, reports of receipts and expenditures on forms to be Filing dates. prescribed or approved by the Director. Except for the first such report which shall be filed on the twenty-first day after the date of enactment of this Act, such reports shall be filed on the 10th day of March, June, August, October, and December in each year during which there is held an election for the office such candidate is seeking, and on the fifteenth and fifth days next preceding the date on which such election is held, and also by the 31st day of January of each year. In addition such reports shall be filed on the 31st day of July of each year in which there is no such election. Such reports shall be complete as of such date as the Director may prescribe, which shall not be more than five 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 prior to the election shall be reported within twenty-four hours after its receipt. (b) Each report under this section shall disclose Contents. (1) the amount of cash on hand at the beginning of the reporting period; (2) the full name and mailing address (including the occupation and the principal place of business, if any) of each person who has made one or more contributions to or for such committee or candidate (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 $50 or more, together with the amount and date of such contributions; |