9900.1 The terms and phrases used in this title shall have the meanings set
forth in the Election Act, the Campaign Finance 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 citizen-service program office.
Anything of Value - gift, favor, service, loan gratuity, discount, hospitality,
political contribution, reward, or promise of future employment based on any
understanding that a public official’s official actions or judgement or vote
would be influenced, or if it could be reasonably be inferred that the thing
of value would influence the public official in the discharge or his or her
duties.
Authorized Officer or Agent - one who has the actual or apparent authority
to bind the principal.
Ballot - one or more ballot cards on which is printed the voting choices
in all contests for a particular election in which a particular voter is entitled
to vote.
Ballot Card - a standard computer tabulating card, to which is attached
a perforated stub and on which ballot information is printed. That information
shall include, but not be limited to, candidate names, initiate, referendum
and recall measures. The card shall provide a space for voting opposite each
candidate’s name, write-in position, and measure presented where the voter may
indicate his or her voting choice by punching a hole.
Beneficial Interest - a present or future financial interest. The term
includes interests held in the person’s own name, in trust, or in the name of
a nominee.
Board - the District of Columbia Board of Elections and Ethics , as
established under section 3 of the District of Columbia Election Act, approved
August 12, 1995 (69 Stat. 699;
DC Code §1-1301 et seq. (1992 Repl. Vol.),
and redesignated by
DC Code §1-14354 (a) (1992 Repl. Vol.)).
Campaign Finance Act - the District of Columbia Campaign Finance Reform
and Conflict of Interest Act (
DC Code §1-1401 et seq. (1992 Repl. Vol.)),
which shall be the governing law as to how candidates finance their campaigns
for elective office and as to whether public officials disclose their financial
assets and liabilities.
Candidate for Election - an individual who has won a party primary;
or who has survived the challenge period (
DC Code §1-1312(o) (1992 Repl.
Vol.)), 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.
Citizen-Service Program - constituent services fund.
Close of Business - 4:30 p.m. Monday through Friday, excluding District
of Columbia legal holidays, unless where otherwise indicated in this title.
Communication Directly - any oral or written communication by a lobbyist
to an official or an agent or representative in the legislative or executive
branch of the Government of the District of Columbia for the purpose of lobbying.
Compensation - anything of value regardless of services rendered.
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.
DC Code - the 1981 edition of the Code, as amended.
Days - calendar days, unless stated otherwise.
de minimis - financial gain no greater than one thousand dollars ($1,000)
per year from any one (1) source.
Directly Related - immediately or approximately connected to, allied
to, or affiliated with.
Effort to Realize Personal Gain - any attempt by a public official to
profit or obtain an advantage or an addition to that which official lawfully
receives in his or her official capacity. No actual gain is necessary.
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
(
DC Code §1-401, §1-402 (1992 Repl.
Vol.));
(b) The Mayor of the District of Columbia, as provided for in
DC Code §1-241,
§1-242 (1992 Rep.
Vol.);
(c ) The Chairperson and Members of the Council of the District of Columbia,
as provided for in
DC Code §1-221 through §1-225 (1992 Repl. Vol.);
(d) The Members of the Board of Education, as provided for in
DC Code §31-101
(1992 Repl. Vol.);
(e) Electors of President and Vice President of the United States and the officials
of political parties as provided for in
DC Code §1-1301 (1992 Repl. Vol.);
and
(f) Members of Advisory Neighborhood Commissions, as provided for in
DC Code
§1-251 (1992 Repl. Vol.).
Election Act - the District of Columbia Election Act, as amended (
DC
Code §1-1301 et seq. (1992 Repl. Vol.)) which governs the administration
of all elections in the District of Columbia.
Election Day Worker - an individual who is employed by the District
of Columbia Board of Elections and Ethics to perform services for the Board
on those dates when elections 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.
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.
Eligible Candidate - and individual who is not ineligible to be a candidate
pursuant to
DC Code §1-1319(b) (1992 Repl. Vol.); and who meets or his
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 (of the Board) - as distinguished from an "Election Day Worker,"
is an individual who is employed by the District of Columbia Board of Elections
and Ethics to perform personal services for the Board either as a permanent,
temporary, intermittent or trainee and includes employees on leave, leave without
pay, or on furlough or leave of absence for educational purposes.
Employer - any person who compensates the registrant.
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.
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.
File, Filed and Filing - delivery in person or by mail to the OCF by
5:30 p.m. of the prescribed date.
Financial Interest - any monetary advantage or claim.
Honorarium - any monetary fee paid for services rendered when there
is no legal obligation for payment.
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.
Incidental Expenses - any unreimbursed payment from a volunteer’s personal
funds for usual and normal local travel and subsistence expenses incident to
volunteer activity pursuant to
DC Code §1-1401(7)(D) (1992 Repl. Vol.).
[39 DCR 3277]
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 pursuant to
DC Code §1-1441(
c) (1992 Repl. Vol). See "Made with Cooperation or Consultation with any Candidate."
In-Kind Contribution - a contribution of goods, services or property
by the contributor to a political committee, candidate, citizen-service program,
or Statehood fund. [39 DCR 3277]
Legal Tender - currency and coins of the United States; ready money.
Made with Cooperation or Consultation with any Candidate - any arrangement,
coordination, or direction by the candidate or his 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. [39 DCR 3277]
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, or referendum, or recall
measure.
Occupation - the principal job title or position, and type of business,
or whether self-employed for the purposes of
DC Code §1-1416 (1992 Repl.
Vol.). [39 DCR 3277]
Ordinary Course Of Business - Transacting business according to customary
and reasonable business practices.
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.
Punching Device - a mechanism designed and constructed for use by voters
to punch holes in ballot cards to indicate electoral choices.
Surplus Funds - residual or unexpended monies remaining in a candidate,
citizen-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.
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.
To Obtain Financial Gain - to realize any monetary profit, or any benefit
on which a monetary value can be fixed, by the public official, any member of
his or her household, or any business with which the official or a member of
the official’s household is associated other than that compensation provided
by law for that public official.
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.
Write-In Nominee - an individual whose name is placed upon or 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.
