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Frequently Asked
Questions
Q: Is there a Notary at the Office of Campaign
Finance?
The notary public
is generally in the Office between the hours of 8:30 am and 5:00
pm, Monday through Friday.
Q:
What is the filing deadline for Financial Disclosure Statements
(FDS)?
The filing deadline
for FDS is May 15th of each year for the previous calendar year.
Q:
Who determines whether I am required to file a Financial Disclosure
Statement?
By statute,
you are required to file a Financial Disclosure Statement (FDS)
if you are in the Excepted, Legal Services and Management Supervisory
Services and are paid at the rate of DS-13 and above. Your agency
head must notify the Office of Campaign Finance if you are in
either service. Others required to file the FDS are candidates
for political office, except Advisory Neighborhood Commission
(ANC) candidates; the Mayor; the Chairman and members of the
District of Columbia Council; District Senators/Representative
to the US Congress; President and members of the District of
Columbia Board of Education; and members of certain Boards and
Commissions.
Q:
What kinds of investigations does the Office of Campaign Finance
conduct?
The OCF conducts
investigations concerning alleged violations of the DC Campaign
Finance Act, its implementing regulations, and the Districts
Standards of Conduct for certain employees under the jurisdiction
of the Office.
Q:
After picking up nominating petitions, how many days do I have before
I am required to file my candidacy with the Office of Campaign Finance?
You are required
to file candidacy five days after picking up nominating petitions.
Q:
Are lobbyists who lobby the Congress and Capitol Hill required to
register with the DC Office of Campaign Finance?
Lobbyists who
lobby Congress and Capitol Hill are not required to register with
OCF. However, lobbyists must register with the Office of Campaign
Finance when lobbying activity involves officials of either the
Executive or Legislative branches of the District of Columbia Government.
Q:
May I obtain a copy of the financial reports filed by the Mayor
and members of the Council?
The OCF maintains financial reports for the Mayor and councilmembers,
and these are public records.
Q:
Are campaign contributions tax deductible?
Campaign contributions
are not tax deductible. For further information, contact the Internal
Revenue Service.
Q:
Does the Office of Campaign Finance regulate the removal of campaign
posters in the city?
The Department
of Public Works regulates the removal of campaign posters.
Q:
Does a campaign treasurer need a Federal Tax Identification Number
to open a bank account for a campaign?
A treasurer
does not need a Federal Tax ID to open a bank account for a campaign.
For further information, contact the Internal Revenue Service.
Q:
How may I obtain an OCF Interpretative Opinion on a matter?
You must address a written request, listing your full name and address,
to Cecily E. Collier-Montgomery, Director, Office of Campaign Finance,
The Reeves Building, 2000 14th Street, NW, Suite 433, Washington,
DC, 20009. Your request must pertain to your specific or general
transaction or activity under statutes or regulations administered
by OCF.
Q:
How may I initiate an OCF investigation?
You must submit
a written, signed and sworn complaint, which includes your full
name and address and that of the respondent, a clear and concise
statement of facts alleged to constitute a violation of statutes
or regulations administered by OCF, and supporting documentation,
if any.
Q:
Does OCF have the authority to conduct audits of candidates and/or
political committee?
The Director
of the Office of Campaign Finance has the authority under DC
Code §1-1103.03 (8) to conduct audits of all campaign related
activities.
Q:
Does a partnership have a contribution limitation for election campaigns
and citizen-service programs?
A partnerships
contribution is attributed to each partner in direct proportion
to his or her share of the partnership profits, according to the
instructions which shall be provided by the partnership to the political
committee or candidate. (DC
Code §1-1131.02).
Q:
Does a closely-held and/or limited liability corporation have a
contribution limitation for election campaigns and citizen-service
programs?
A closely-held
and/or limited liability corporation regardless of its size, purpose
and/or structure may contribute in support of, or opposition to,
election campaigns and citizen-service programs, to the maximum
amount allowable by law. The test concerning corporateness is whether
or not recognition of the corporate structure would produce unjust
or undesirable consequences inconsistent with the concept. Therefore,
where a determination is made that the corporate structure has been
used to circumvent the Districts campaign finance laws, a
single contribution limit will apply to the corporation and its
individual incorporator(s). (DC
Code §s 1-1101.01 (8); 1-1131.01 (a) (1); 1-1104.03 (a);
1-1104.03 (c); 3 DCMR §§3011.9
and 3011.12).
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Q:
Does a loan or advance made by a candidate or member of the immediate
family of a candidate to a campaign constitutes a loan
where there is no evidence of a written instruction which fully
discloses the terms, conditions and parties to the loan or advance?
When there is
no evidence of a loan agreement, any amount given to the candidates
campaign by the candidate or by an immediate family member is considered
to be a contribution to the campaign, thereby necessitating no repayment
to the candidate and/or his or her immediate family member. (DC
Code §s 1-1101 (6) (A); 1-1131.01 (h) (1); 3 DCMR
§§3011.7 and 3011.8.)
Q:
How long reports and statements other than lobbyist activity reports
should be maintained?
All reports
and statements should be preserved for a period of 10 years from
the date of receipt (DC
Code §1-1103.03 (4)). A lobbyist activity report along
the supporting documentation should be maintained for 5 years from
the date of filing the report containing such information (DC
Code §1-110506(b).
Q:
Are there limitations on the use of surplus campaign funds?
Any surplus,
residual, or unexpended campaign funds received by or on behalf
of an individual who seeks nomination for election, or election
to office shall be contributed to a political party for political
purposes, used to retire the proper debts of his or her political
committee which received such funds, or returned to the donors within
6 months of defeat in an election, or an election to office or the
individual ceasing to be a candidate (DC
Code §1-1107.02 (a)).
If an individual
defeated or elected to office as a member of the Board of education
or a political committee formed to collect signatures or advocate
the ratification or defeat of any initiative, referendum, or recall
measure shall be authorized to transfer any surplus, residue, or
unexpended campaign funds to any charitable, scientific, literary,
or educational organization or organizations which meet the requirements
of DC Code
§47-1803.03(a) (8). (DC
Code §1-1107.02 (b)).
An individual
elected to an office and authorized to establish a program of constituent
services under DC
Code §1-1104.03 shall be authorized to transfer any surplus,
residue, or unexpended campaign funds to his or her program of constituent
services (DC Code
§1-1107.02 (c)).
Q:
Is there an over-all campaign contributions limitation?
Other than the
contribution limitation applicable to the individual offices, no
person shall make any contribution in any 1 (one) election for Mayor,
Chairman of the Council, each member of the Council, and each member
of the Board of Education (including primary and general elections,
but excluding special elections), which when combined with all other
contributions made by that person in that election to candidates
and political committees exceed $8,500 (DC
Code §1-1131.01 (b) (1)).
No person shall
make contributions to any 1 (one) political committee in any one
lection (including primary and general elections, but excluding
special elections), that, in the aggregate, exceeds $5,000 (DC
Code §1-1131.01 (d) (1)).
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