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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
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Chapter 3-99. DEFINITIONS |
Section 3-9900. DEFINITIONS
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9900.1The 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.
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 a "polling place official,” an individual who is employed by the District of Columbia Board of Elections to perform personal services for the Board either as 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 – one who qualifies and seeks election for public office in the District of Columbia.
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) (2011 Repl. & 2012 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:
(a) to nominate, elect, or defeat a candidate for public office;
(b) to solicit, accept, and expend funds to defray the costs of attorney fees, on behalf of a public officer;
(c) to solicit, accept and expend funds for the transition of the Mayor or Chairman of the Council;
(d) to explore or test the feasibility of an individual’s viability as a candidate for public office in the District of Columbia;
(e) to plan, raise, and expend funds for inaugural celebration for a new Mayor of the Council; or
(f) 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.
Contribution – the meaning provided in D.C. Official Code § 1161.01(10)(A).
Council – the Council of the District of Columbia.
Days - calendar days, unless stated otherwise.
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.
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.
Elected officials - the following local public officials:
(a) 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. (2006 Repl.));
(b) The Mayor of the District of Columbia, as provided for in D.C. Official Code §§ 1-204.21 and 1-204.22 (2006 Repl.);
(c) The Chairperson and Members of the Council of the District of Columbia, as provided for in D.C. Official Code § 1-204.01 (2006 Repl.);
(d) The Members of the State Board of Education, as provided for in D.C. Official Code § 38-2651 (2012 Supp.);
(e) 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 (2011 Repl.); and
(f) Members of Advisory Neighborhood Commissions, as provided for in D.C. Official Code § 1-309.06 (2006 Repl. & 2012 Supp.) and § 1-1001.02(13) (2011 Repl. & 2012 Supp.).
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. (2011 Repl.)), which governs the administration of all elections in the District of Columbia.
Election Day worker – see “polling place official.”
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 employees of the Board and polling place officials, excluding poll watchers and election observers.
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) (2006 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) A department, agency, or office in the executive branch of the District of Columbia government under the direct administrative control of the Mayor;
(b) The State Board of Education or any of its constituent elements;
(c) The University of the District of Columbia or any of its constituent elements;
(d) The Board of Elections; and
(e) Any District of Columbia professional licensing and examining board under the administrative control of the executive branch.
Expenditure – the meaning provided in D.C. Official Code § 1161.01(21)(A).
Exploratory Committee – any person, or group of persons, organized for the purpose of examining the feasibility of becoming a candidate for an elective office in the District of Columbia.
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 spending 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 U.S.C. § 61).
Independent expenditures - an expenditure for communications by a person expressly advocating the election or defeat of a clearly identified candidate, which is made without cooperation or consultation with any candidate or any authorized committee or agent of the candidate.
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 – any person, or group of persons, organized for the purpose of soliciting, accepting, and spending funds to defray attorney and other related costs for a public official’s legal defense in civil, criminal, or administrative proceedings. Such funds shall not be used for fundraising, media or political consulting fees, mass mailing or advertising, payment or reimbursement for a fine, penalty, judgment, or settlement, or a payment to reimburse or to disgorge contributions from any other committee controlled by the public official.
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:
(a) 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
(b) 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.
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.
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.
Office – the Office of Mayor, Attorney General, Chairman or member of the Council, President or member of the Board of Education, or an official of a political party in the District of Columbia.
Official ballot – 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 direct-recording electronic (“DRE”) machines, the official ballot shall be the electronic card that records and stores the elector’s votes, except that the voter-verified paper audit trail (“VVPAT”) shall be the official ballot of record during all occurrences of manual tabulation, including audits and recounts.
Official in the executive branch - includes:
(a) The Mayor;
(b) Any officer or employee in the Executive Service;
(c) 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
(d) 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 – 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.
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) – an organized group of individuals not authorized by a candidate to act on his or her behalf, but may operate independently of the candidate for purposes of supporting or opposing a clearly identified candidate for office, political party, or may be solely issues-oriented.
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.
Polling place official - 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, precinct captains, precinct workers, counters, or area representatives.
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 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:
(a) Has or is seeking to obtain contractual or other business or financial relations with the District of Columbia government;
(b) Conducts operations or activities that are subject to regulation by the District of Columbia government; or
(c) Has an interest that may be favorably affected by the performance or non-performance of the employee's official responsibilities.
Public official - includes:
(a) A candidate for nomination for election, or election, to public office;
(b) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title;
(c) The Attorney General;
(d) A Representative or Senator elected pursuant to D.C. Official Code § 1-123;
(e) An Advisory Neighborhood Commissioner;
(f) A member of the State Board of Education;
(g) A person serving as a subordinate agency head in a position designated as within the Executive Service;
(h) A member of a board or commission listed in D.C. Official Code § 1-523.01(e); and
(i) 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.
(j)A District of Columbia employee paid, regardless of pay schedule, at a rate equivalent to an Excepted Service employee paid at a rate of Excepted Service 9 or above, 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.
Qualified elector – a registered voter who resides at the address listed on the Board’s records.
Qualified registered elector – a registered voter who resides at the address listed on the Board’s records.
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.
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 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.
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.
Voter registration application – a Board-approved form that meets federal requirements pursuant to the National Voter Registration Act (“NVRA”) (42 U.S.C. § 1973gg, et seq.) and the Help America Vote Act (“HAVA”) (42 U.S.C. § 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.