3801.1 A legal defense committee shall be deemed 'organized' when any person, or group of persons, formally agree, orally or in writing, to solicit, accept, or expend funds to defray the professional fees and costs for a public official's legal defense to one or more civil, criminal, or administrative proceedings.3801.2 Each legal defense committee shall file a Statement of Organization form, prescribed by the Director of the Office of Campaign Finance (the Director) (OCF), within ten (10) days of organization.3801.3 A legal defense committee shall amend its Statement of Organization within ten (10) days of any change in the information previously reported on its Statement of Organization.3801.4 If a legal defense committee that has filed at least one (1) Statement of Organization disbands or determines that it will no longer receive contributions or make expenditures during a calendar year, it must so notify the Director immediately and file a final Report of Receipts & Expenditures (R&E Report).3801.5 A legal defense committee shall have a chairperson and a treasurer, and may elect to list a designated agent, in the Statement of Organization filed pursuant to § 3801.2.3801.6 No person may simultaneously serve as the chairperson and treasurer of a legal defense committee.3801.7 A chairperson shall be required to file a Statement of Acceptance of Position of Chairperson form with the Director within five (5) days of assuming the office.3801.8 A chairperson shall be required to file a Statement of Withdrawal of Position of Chairperson form with the Director within five (5) days of vacating the office.3801.9 A treasurer shall be required to file a Statement of Acceptance of Position of Treasurer form with the Director within forty-eight (48) hours of assuming the office.3801.10 A treasurer shall be required to file a Statement of Withdrawal of Position of Treasurer form with the Director within forty-eight (48) hours of vacating the office.3801.11 When either the office of chairperson or treasurer is vacant, the legal defense committee shall:

1. (a) Designate a successor chairperson or treasurer within five (5) days of the vacancy; and
2. (b) Amend its Statement of Organization within ten (10) days of the designation of the successor; provided, that the successor officer agrees to accept the position.3801.12 The treasurer of a legal defense committee shall obtain and preserve receipted bills and records in accordance with Chapter 34 of this title.3801.13 A legal defense committee shall neither accept a contribution nor make an expenditure while the office of treasurer is vacant and no other person has been designated and agreed to perform the functions of treasurer.3801.14 Each expenditure made for, or on behalf of, a legal defense committee shall be authorized by either:- (a) The chairperson;
3. (b) The treasurer; or
4. (c) Their designated agent, as listed on the Statement of Organization filed under § 3801.3.3801.15 No expenditures may be made by a legal defense committee except by check drawn payable to the person to whom the expenditure is being made on the account at a bank designated by the legal defense committee as its depository in its Statement of Organization.3801.16 A detailed account of each contribution of fifty dollars (\$50) or more for or on behalf of a legal defense committee shall be submitted to the treasurer of such committee within five (5) days of the receipt of the contribution upon the treasurer's demand.3801.17 The detailed account submitted pursuant to § 3801.16 shall include:- (a) The amount of the contribution or expenditure;
5. (b) The name and address (including the occupation and principal place of business, if any) of the contributor or the person (including corporations) to whom the expenditure was made;
6. (c) The date of the contribution; and

(d) In the case of an expenditure, the office sought by the candidate on whose behalf the expenditure was made, if applicable.

3801.18 All funds of a legal defense committee shall be segregated from, and may not be commingled with, any campaign funds, or anyone’s personal funds.

SOURCE: Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013).