Rule 2-01 Certification.
(a) Contents. The candidate shall specify in the certification whether he or she is joining the Program as a participant pursuant to §3-703 of the Code or as a limited participant pursuant to §3-718 of the Code. The certification shall include all filer registration information required by Rule 1-11 and such other information as required by the Board, including all information necessary to receive payment by electronic funds transfer. In the certification, the participant or limited participant shall designate a principal committee. A candidate filing the certification as a limited participant shall affirm that he or she has a sufficient amount of personal funds to fund his or her own campaign. A 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.
(b) Legal effect. The participant shall comply fully with Program requirements in all elections for which the certification is submitted, regardless of the office sought and regardless whether the participant: (1) meets all the requirements of law to have his or her name on the ballot in the election; or (2) meets the Act's threshold for eligibility for public funds; or (3) accepts public funds; or (4) is otherwise not eligible to receive public funds in the election. The limited participant shall comply fully with the Program requirements in all elections for which the certification is submitted, regardless of the office sought and regardless whether the limited participant meets all the requirements of law to have his or her name on the ballot in the election. A candidate who does not file a timely certification or who rescinds his or her certification in a timely manner shall be deemed to be a non-participant pursuant to §3-719 of the Code. The certification applies to all elections for an office covered by the Act that are held in the same calendar year or to a special election to fill a vacancy in an office covered by the Act.
(c) Signatures. The certification shall contain any signatures and notarizations as may be required by the Board; provided, however, that to the extent the Board permits a candidate to submit a certification in a non-electronic format, such certification will only be accepted by the Board if it contains an original notarized signature from both the candidate and the principal committee treasurer.
(d) Amendments. The participant or limited participant shall notify the Board of any material change in the information submitted pursuant to this rule, including, but not limited to any new, or any change to any required information concerning any political committee, bank account, unique merchant account, candidate or treasurer employment, address, telephone number, or e-mail address, included in the filer registration information required by Rule 1-11, in such manner as may be provided by the Board and no later than the next deadline for filing a disclosure statement or, in the case of changes that occur after the deadline for the last disclosure statement required to be filed, no later than 30 days after the date of the change, provided, however, that if the participant or limited participant has extinguished all outstanding liabilities resulting from the election to which the certification relates, including payment of any penalties and/or repayment of public funds owed to the Board, the candidate need not notify the Board of any material change to the information required by Rule 1-11 after issuance of the candidate's final audit report, except as provided in Rule 4-03(b). If, based upon a reasonable belief that there has been a material change in the information submitted, the Board requests an amendment, the participant or limited participant shall submit promptly any amendment necessary in such manner as may be provided by the Board. Notification of any change to the candidate's or treasurer's information included in the certification must be made to the Board for six (6) years after the date of the last election to which the certification relates.
(e) Petition for extraordinary circumstances. (1) Pursuant to §3-703(1)(c) of the Code, a certification may be accepted no later than the seventh day after the occurrence of an extraordinary circumstance in an election, if: (i) prior to, or together with, the certification, a written petition is submitted to the Board, sworn to or affirmed by a candidate in such election seeking to join the Program as a participant or limited participant, which sets forth the facts alleged to present an extraordinary circumstance; and (ii) following review of the petition, the Board declares that an extraordinary circumstance has occurred in the election which permits or permitted the acceptance of additional certifications, as provided in §3-703(1)(c). The Board shall provide written notice to each participant and limited participant in an election of its declaration of an extraordinary circumstance in the election, which shall include the names of any additional candidates who have filed certifications in a timely manner in light of the extraordinary circumstance.
(2) Nothing in this rule shall be construed to: (i) require the Board to make a declaration of an extraordinary circumstance within seven days of its occurrence; or (ii) extend the deadline for joining the Program, in the event the Board does not declare that an extraordinary circumstance has occurred until more than seven days after its occurrence; or (iii) prohibit the acceptance of a certification filed by a candidate in an election within seven days after the occurrence of an extraordinary circumstance in that election, if the candidate did not file a petition under subparagraph (1)(i), provided that another candidate in such election has filed such a petition and the Board makes the declaration under subparagraph (1)(ii).
(3) An "extraordinary circumstance" includes: (i) the death of a candidate in an election, (ii) the resignation or removal of the person holding the office sought, and (iii) the submission to the Board of a written declaration, sworn to or affirmed by the holder of the office sought, terminating his or her campaign for reelection (which may be submitted together with a petition under subparagraph (1)(i)).