3015 USE OF SURPLUS FUNDS

3015.1 Surplus funds of a constituent-service program or a Statehood Fund shall be disbursed within one hundred twenty (120) days of the date that the elected official:

1. (a) Vacates the public office held; or
2. (b) Notifies the Director in writing of any determination that the constituent-service program or Statehood Fund shall no longer receive contributions or make expenditures.

3015.2 Surplus funds of a constituent-service program shall be disbursed only for the following purposes:

1. (a) To retire the debts of the program; and/or
2. (b) To donate to a not-for-profit organization, within the meaning of the federal tax laws, that is in good standing in the District of Columbia for a minimum of one (1) calendar year prior to the date of donation.

3015.3 Surplus funds of a Statehood Fund shall be disbursed by a U.S. Senator or Representative to retire debts and obligations for the following:

1. (a) Salaries;
2. (b) Office expenses; and
3. (c) Other expenses necessary to support the purposes and operations of the public office.

3015.4 Upon retirement of debts and obligations, a U.S. Senator or Representative shall donate any remaining funds to a not-for-profit organization within the meaning of the federal tax laws.

3015.5 Surplus funds of a candidate or candidate-elect shall be:

1. (a) Used to retire the debts of the political committee that received the funds;
2. (b) Returned to donors;
3. (c) Contributed to a political party for political purposes; and/or
4. (d) Transferred to a political committee, a charitable organization that meets the requirements of the tax laws of the District of Columbia, or an established constituent-services fund.

3015.6 Surplus funds of a candidate or candidate-elect shall be disbursed under § 3015.5 within six (6) months of one (1) of the following events:

(a) Defeat in an election;

(b) Election to office; or

(c) Withdrawal as a candidate.

3015.7 Surplus funds of a political committee formed to collect signatures or advocate the ratification or defeat of any initiative, referendum, or recall measure may be transferred to any charitable, scientific, literary, or educational organization or any other organization that meets the requirements of the tax laws of the District of Columbia.

3015.8 A campaign committee shall continue to function after the election for which the committee was organized, as an authorized committee, until all debts and obligations are extinguished.

3015.9 A campaign committee, pursuant to § 3015.8, shall:

(a) Dispose of all surplus funds in accordance with § 3015;

(b) Refrain from collecting or spending money to support a candidate in a future election;

(c) Adhere to contributions limitations in accordance with § 3011; and

(d) File R&E Reports in accordance with § 3008.

3015.10 A constituent-service program or a Statehood Fund shall continue to file R&E Reports, pursuant to §§ 3008 and 3017, until all debts are satisfied.

SOURCE: Final Rulemaking published at 45 DCR 3161, 3178-80 (May 20, 1998); as amended by Final Rulemaking published at 47 DCR 2171, 2182-83 (March 24, 2000); as amended by Final Rulemaking published at 57 DCR 2229, 2247 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013).