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DCMR Chapter 99


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.

(b) The Mayor of the District of Columbia, as provided for in DC Code §1-241, §1-242 (1992 Rep.

(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.