Code of the District of Columbia

§ 1–1163.04. Duties of Director of Campaign Finance.

The Director of Campaign Finance shall:

(1) Develop and furnish prescribed forms, materials, and electronic formats or mediums, including electronic or digital signatures, for the making of the reports and statements required to be filed with him or her pursuant to this subchapter;

(1A) Require that all reports filed with the Elections Board pursuant to this subchapter be submitted online, provided that reasonable accommodations shall be made where an actual hardship in complying with this paragraph is demonstrated to the Elections Board. The Elections Board shall issue regulations governing the online submission of reports, pursuant to this paragraph;

(1B) Publish all information submitted by recipients and agencies pursuant to sections of this subchapter online in a publicly accessible, widely accepted, nonproprietary, searchable, platform-independent, sortable, computer-readable format within 24 hours of filing. The database of electronic filings and other data within the portal shall be available via bulk download from the portal website;

(2) Develop a filing, coding, and cross-indexing system consonant with the purposes of this subchapter;

(3) Make the reports and statements filed with him or her available for public inspection and copying, commencing as soon as practicable, but not later than the end of the 2nd day following the day during which it was received, and to permit and facilitate copying of any report or statement by hand and by duplicating machine, as requested by any person, at reasonable cost to the person, except any information copied from the reports and statements shall not be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose;

(4) Preserve reports and statements for a period of 10 years from date of receipt;

(5) Compile and maintain a current list of all statements or parts of statements on file pertaining to each candidate;

(6) Prepare and publish other reports as he or she may consider appropriate;

(7) Ensure dissemination of statistics, summaries, and reports prepared under this subchapter, including a biennial report summarizing the receipts and expenditures of candidates in the prior 2-year period and the receipts and expenditures of political committees, political action committees, and independent expenditures during the prior 2-year period. The Director of Campaign Finance shall make available to the Mayor, Council, and general public the first biennial report by January 31, 2013, and shall present the summary report on the same date every 2 years thereafter. The report shall describe the receipts and expenditures of candidates for Mayor, Attorney General, Chairman and members of the Council, President and members of the State Board of Education, shadow Senator, and shadow Representative, but shall exclude candidates for Advisory Neighborhood Commissioner. The report shall provide, at a minimum, the following information, as well as other information that the Director of Campaign Finance considers appropriate:

(A) A summary of each candidate’s receipts, in dollar amount and percentage terms, by donor categories that the Director of Campaign Finance considers appropriate, such as the candidate himself or herself, individuals, political party committees, other political committees, corporations, partnerships, and labor organizations;

(B) A summary of each candidate’s receipts, in dollar amount and percentage terms, by the size of the donation, including donations of $500 or more; donations of $250 or more but less than $500; donations of $100 or more but less than $250; and donations of less than $100;

(C) The total amount of a candidate’s receipts and expenditures for primary and general elections, respectively, when applicable;

(D) A summary of each candidate’s expenditures, in dollar amount and percentage terms, by operating expenditures, transfers to other authorized committees, loan repayments, and refunds of contributions; and

(E) A summary of the receipts and expenditures of political committees and political action committees using categories considered appropriate by the Director of Campaign Finance;

(7A) Require a candidate for public office and the treasurer of any political committee, political action committee, or independent expenditure committee to attend a training program conducted by the Director of Campaign Finance concerning compliance with this subchapter. Such training shall:

(A) Be conducted in person, although online materials may be used to supplement the training;

(B) Be completed in accordance with a schedule to be published by the Director of Campaign Finance, or by individual request as the Director of Campaign Finance deems appropriate; and

(C) Upon completion, result in the completion of an oath or affirmation to follow the District's campaign finance laws, to be developed by the Director of Campaign Finance. The names of the participants shall be posted on the website of the Office of Campaign Finance;

(8) Make audits and field investigations with respect to reports and statements filed under this subchapter, and with respect to alleged failures to file any report or statement required under the provisions of this subchapter;

(8A) Administer the Fair Elections Program established by § 1-1163.32a; and

(9) Perform such other duties as the Elections Board may require.


(Apr. 27, 2012, D.C. Law 19-124, § 304, 59 DCR 1862; Dec. 13, 2013, D.C. Law 20-60, § 302(b), 60 DCR 15487; Feb. 22, 2014, D.C. Law 20-79, § 2(f), 61 DCR 153; May 5, 2018, D.C. Law 22-94, § 2(b)(1), 65 DCR 2847.)

Section References

This section is referenced in § 1-1163.02.

Effect of Amendments

The 2013 amendment by D.C. Law 20-60, in the introductory paragraph of (7), substituted “the Council, Mayor, Attorney General” for “the Mayor, Council” and substituted “candidates for the Chairman and members of the Council, Mayor, and Attorney General” for “candidates for Mayor, the Chairman and members of the Council.”

The 2014 amendment by D.C. Law 20-79 added (1A), (1B) and (7A); and rewrote (7).

Applicability

Section 3 of D.C. Law 22-168 amended section 3 of D.C. Law 22-94, removing the applicability restriction impacting this section. Therefore the amendment of this section by section 2(b)(1) of D.C. Law 22-94 has been implemented as of November 7, 2018.

Applicability of D.C. Law 22-94: § 3 of D.C. Law 22-94 provided that the change made to this section by § 2(b)(1) of D.C. Law 22-94 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b) of the Election Code Conforming Emergency Act of 2013 (D.C. Act 20-143, July 31, 2013, 60 DCR 11799, 20 DCSTAT 1990).

Editor's Notes

Section 7009 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-79. Therefore the changes made to this section by D.C. Law 20-79 have been given effect.

Applicability of D.C. Law 20-60: Section 401(b) of 20-60 provided that § 302 of the act shall apply as of December 13, 2013.

Applicability of D.C. Law 20-79: Section 3 of D.C. Law 20-79 provided that the act shall apply upon the latest of: (1) The inclusion of the fiscal effect of the act in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register; or (2) January 31, 2015.

A certification dated February 4, 2015, that the fiscal effect of the Campaign Finance Reform and Transparency Amendment Act of 2013, D.C. Law 20-79, has been included in an approved budget and financial plan was published in the D.C. Register on March 13, 2015 (62 DCR 2988).