131452 Amendments to Office of Campaign Finance regulations, chapter 34, "Campaign Finance Recordkeeping."
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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Official Code § 1-1103.01 (b-1) (1) (2001 Edition), hereby gives notice of its intent to adopt the following amendments to Chapter 34, “Campaign Finance Recordkeeping”, of Title 3 of the District of Columbia Municipal Regulations in not less than thirty (30) days from the date of the publication of this Notice in the D.C. Register.
The proposed amendments represent updates to the rules of the Board’s Office of Campaign Finance (OCF). Specifically, the majority of the rules augments and clarifies the record keeping procedures to provide the general public and OCF filers with a better understanding of the agency processes, and to correct technical and typographical errors.
Section 3400 of Chapter 34 of 3 DCMR, “Recordkeeping Procedures”, shall be amended to read as follows:
3400 RECORDKEEPING PROCEDURES
3400.1 To ensure financial accountability, this Chapter governs the recordkeeping procedures for the following:
(a) Candidates, including candidates seeking election to an Advisory Neighborhood Commission (ANC);
(b) Political Committees;
(c) Lobbyists;
(d) Citizen-service programs; and
(e) Statehood funds.
3400.2 Each required filer, 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;
(c) Canceled checks;
(d) Contributor cards and copies of donor checks;
(e) Deposit slips;
(f) Invoices;
(g) Receipts;
(h) Contracts;
(i) Payroll records;
(j) Tax records;
(k) Lease agreements;
(l) Petty cash journals;
(m) Ledgers;
(n) Vouchers; and
(o) Loan documents.
3400.3 Bank statements may be submitted in lieu of canceled checks to show financial transactions, where the bank statements include photocopies of canceled checks, required under § 3400.2.
3400.4 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.
3400.5 Each filer, with the exception of lobbyists, shall maintain the required records, 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.
3400.6 Each lobbyist shall maintain the required records, under § 3400.2, for a period of five (5) years from the date of the filing of the Activity Report, under § 3102.”
Section 3401 of Chapter 34 of 3 DCMR, “Expenditures”, shall be amended to read as follows:
“3401 EXPENDITURES
3401.1 With the exception of petty cash disbursements, each expenditure shall be made by utilization of the following:
(a) Serially pre-numbered checks, which identify the required filer on the face of the check; and
(b) A commercial-business type of checkbook, which 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 in the following manner:
(a) Consecutive numerical order; and
(b) Out of the depository account.
3401.3 Checks shall be recorded in the following:
(a) A cash disbursement journal; and
(b) The check stub, as provided.
3401.4 Voided or stale-dated checks shall be handled in the following method:
(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, 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.”
Section 3402 of Chapter 34 of 3 DCMR, “Receipt”, shall be amended to read as follows:
“3402 RECEIPT
3402.1 To fully identify the donor of a contribution, each receipt shall contain the following information:
(a) Full name;
(b) Mailing address;
(c) Occupation and principal place of business, if any;
(d) Date of Contribution; and
(e) The amount.
3402.2 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.
3402.3 Records of receipts and contributions shall be maintained to show the following:
(a) Cumulative totals, with the exception of receipts for sales or collections; and
(b) For sales or collections, a detailed record of receipts and expenditures.
3402.4 Each filer shall separately identify undesignated receipts from designated receipts.”
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, Board of Elections and Ethics, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. Copies of the proposed rules may be obtained at cost from the above address, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.
