Rule 11-04 Restrictions.

The following restrictions apply pursuant to §3-801 of the Code.

(a) An elected candidate shall not: (1) authorize or register a political committee to raise or spend funds for transition or inauguration into office; (2) use funds accepted by a political committee authorized by the candidate for transition or inauguration into office; (3) authorize or register a previously existing entity to raise or spend funds for transition or inauguration into office; (4) continue in existence an entity registered under Rule 11-02 after it has paid all liabilities it incurred for transition and inauguration into office and otherwise has disposed of all funds pursuant to paragraph (f) below; or (5) continue in existence an entity registered under Rule 11-02 after (i) April 30 in the year following the year of the election, or (ii) in the case of a special election, 60 days after inauguration.

(b) An entity authorized by an elected candidate to raise or spend funds for transition or inauguration into office shall not: (1) accept donations or other receipts from any political committee authorized by the elected candidate; (2) accept donations from a political committee that has not registered with the Board under §3-801(3) of the Code on a form that includes the information set forth in Rule 1-04(d)(1) (political committees registered for an election cycle pursuant to §3-707 of the Code shall be deemed registered for purposes of §3-801(3) of the Code with respect to transition and inauguration expenditures immediately following an election held in that cycle); (3) accept donations in excess of the donation limits set forth in §3-801(2)(b) of the Code; (4) incur liabilities or make expenditures for purposes other than transition or inauguration into office; (5) accept any donation in cash that exceeds $100 from a single donor; (6) incur liabilities or make expenditures after January thirty-first in the year following the election, except for (i) expenditures made to satisfy liabilities incurred prior to January thirty-first and (ii) routine and nominal expenditures associated with and necessary to satisfying such liabilities and terminating the entity, such as routine and nominal overhead costs, bank fees, taxes, and other reasonable expenses for compliance with applicable tax laws; or (7) accept any donations after all liabilities are paid; or (8) accept any donations from any corporation, limited liability company, limited liability partnership or partnership not permitted to contribute pursuant to §3-703(1)(l) of the Code or from any person whose name appears in the doing business database as of the date of such donation; provided, however, that this limitation on donations shall not apply to any donation made by a natural person who has business dealings with the city to a transition or inaugural committee where such donation is from the candidate-elect, or from the candidate-elect's parent, spouse, domestic partner, sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by marriage.

(c) In determining compliance with the donation limits of §§3-801(2)(b) and (d) of the Code, the Board shall total all donations from a single source to all transition and inauguration entities authorized by an elected candidate, using the standards for determining whether donations are from a single source that apply to contributions from a single source under Rule 1-04(h).

(d) Loans are deemed to be donations, subject to the limits and restrictions of the Code, to the extent the loan is not repaid by, or is made after, the date of the elected candidate’s inauguration into office.

(e) (i) Unless permitted by paragraphs (b)(6) and (7) above, any expenditure, liability, or other disbursement, and any donation, loan, or other receipt, made, incurred, or received after January thirty-first in the year following the date of a regularly scheduled general election (or after 30 days following the date of the elected candidate's inauguration, in the case of a special election), by an entity authorized pursuant to §3-801 of the Code, shall be presumed to be made, incurred, or received for the first election in which the elected candidate is a candidate following the day that it is made, incurred, or received, and not made, incurred, or received for the purposes of transition or inauguration.

(ii) Incumbent elected candidates shall be presumed to have no transition expenses.

(f) If the entity has funds remaining after all liabilities have been paid, it shall return such funds to one or more of its donors, or if that is impracticable, to the Fund.

(g) An elected candidate may donate to his or her entity registered under Rule 11-02 with his or her personal funds or property, make in-kind donations to his or her entities with his or her personal funds or property, and make advances to such entity with his or her personal funds or property, without regard to the donation limits of §3-801(2)(b) of the Code. An elected candidate’s personal funds or property shall include his or her funds or property jointly held with his or her spouse, domestic partner, or unemancipated children.