Code of the District of Columbia

Part C-i. Fair Elections Program.


§ 1–1163.32a. Establishment of the Fair Elections Program.

There is established within the Office of Campaign Finance a Fair Elections Program to provide for publicly funded political campaigns.


(Apr. 27, 2012, D.C. Law 19-124, § 332a; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Mar. 13, 2019, D.C. Law 22-250, § 6(ii), 66 DCR 985.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(ii) of D.C. Law 22-250 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.

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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.


§ 1–1163.32b. Fair Elections Program contribution limitations and requirements.

(a) Neither a candidate seeking certification nor a participating candidate may accept a qualified small-dollar contribution or a contribution from a non-District resident individual, that, when aggregated with all other qualified small-dollar contributions received from that small-dollar contributor or contributions received from that non-District resident individual, exceeds, per election cycle:

(1) In the case of a qualified small-dollar contribution or contribution from a non-District resident individual in support of a candidate for Mayor, $200;

(2) In the case of a qualified small-dollar contribution or contribution from a non-District resident individual in support of a candidate for Chairman of the Council or Attorney General, $200;

(3) In the case of a qualified small-dollar contribution or contribution from a non-District resident individual in support of a candidate for member of the Council elected at-large, $100;

(4) In the case of a qualified small-dollar contribution or contribution from a non-District resident individual in support of a candidate for member of the Council elected from a ward or for member of the State Board of Education elected at-large, $50; and

(5) In the case of a qualified small-dollar contribution or contribution from a non-District resident individual in support of a candidate for member of the State Board of Education elected from a ward, $20.

(b) For each qualified small-dollar contribution and contribution from a non-District resident individual, the candidate shall collect and retain the following information:

(1) The contributor's physical or electronic signature or other indicia of identity (such as an affirmation checkbox), printed or typed name, address, occupation and principal place of business, if any, and the name of the candidate to whom the contribution is made; and

(2) An indication, including by clicking a checkbox or button, that the contributor has sworn or affirmed that the contributor:

(A) Is making the contribution in the contributor's own name and from the contributor's own funds;

(B) Is making the contribution voluntarily and has not received anything of value in return for the contribution;

(C) In the case of a small-dollar contributor, is a District resident;

(D) In the case of a contribution from a non-District resident individual, is a non-District resident individual; and

(E) Understands that a false statement is a violation of law.

(b-1) Notwithstanding subsection (b)(2) of this section:

(1) If a contributor agrees to make contributions to a candidate that recur automatically on a periodic basis, the contributor's initial indication made pursuant to subsection (b)(2) of this section or paragraph (2) of this subsection is sufficient to indicate continuous assent, and the contributor need not provide an indication pursuant to subsection (b)(2) of this section or paragraph (2) of this subsection for each recurring contribution.

(2) If a contributor makes a contribution to a candidate over the phone, the indication required by subsection (b)(2) of this section may be provided by the contributor orally.

(c) A candidate seeking certification and a participating candidate may accept qualified small-dollar contributions and contributions from non-District resident individuals made by means of personal check, credit card, cash, or electronic payment account; provided, that contributions in the form of cash cannot, in the aggregate, exceed $100 per small-dollar contributor or non-District resident individual per candidate per election cycle.


(Apr. 27, 2012, D.C. Law 19-124, § 332b; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, § 1002(c), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 1042(i), 66 DCR 8621.)

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 2(c) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

For temporary (90 days) amendment of this section, see § 1002(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1002(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(c) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32c. Certification as a participating candidate.

(a) To be certified by the Director of Campaign Finance as a participating candidate for a seat for a covered office in an election cycle, a candidate shall, during the qualifying period:

(1) Obtain the following:

(A) For a candidate for Mayor, qualified small-dollar contributions from at least 1,000 small-dollar contributors, which, in the aggregate, total $40,000 or more;

(B) For a candidate for Attorney General, qualified small-dollar contributions from at least 500 small-dollar contributors, which, in the aggregate, total $20,000 or more;

(C) For a candidate for Chairman of the Council, qualified small-dollar contributions from at least 300 small-dollar contributors, which, in the aggregate, total $15,000 or more;

(D) For a candidate for member of the Council elected at-large, qualified small-dollar contributions from at least 250 small-dollar contributors, which, in the aggregate, total $12,000 or more;

(E) For a candidate for member of the Council elected from a ward or member of the State Board of Education elected at-large, qualified small-dollar contributions from at least 150 small-dollar contributors, which, in the aggregate, total $5,000 or more; or

(F) For a candidate for member of the State Board of Education elected from a ward, qualified small-dollar contributions from at least 50 small-dollar contributors, which, in the aggregate, total $1,000 or more; and

(2) File, with the Director of Campaign Finance, an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate:

(A) Has complied with and, if certified, will continue to comply with the Fair Elections Program's requirements;

(B) If certified, will only run in that election cycle as a participating candidate;

(C) If certified, will only run during that election cycle for the seat for the covered office for which the candidate is seeking certification, including in both the primary and general elections, as applicable;

(D) Has otherwise qualified, or will take steps to qualify, for ballot access in accordance with the procedures required by the Elections Board pursuant to § 1-1001.08, such as by filing a declaration of candidacy under 3 DCMR § 601 and a nominating petition containing the required number of valid signatures under 3 DCMR § 1605;

(E) Is current with respect to any fines or penalties owed for a violation of this chapter; and

(F) Has responded and will respond to all inquiries of the Elections Board and the Director of Campaign Finance in a timely manner.

(b) No later than 10 business days after a candidate complies with subsection (a) of this section, the Director of Campaign Finance shall determine whether the candidate meets the requirements for certification described in subsection (a) of this section as a participating candidate, and:

(1) If the requirements are met, certify the candidate as a participating candidate; or

(2) If the requirements are not met, provide an opportunity to:

(A) Cure any deficiencies in the filing; and

(B) Appeal the determination within 10 business days after the candidate receives the determination.

(c) The Director of Campaign Finance shall revoke a certification made under subsection (b) of this section if a participating candidate:

(1) Fails to qualify for ballot access pursuant to § 1-1001.08;

(2) Does not continue to run as a participating candidate in that election cycle;

(3) Does not run for the seat for the covered office for which the candidate was certified during that election cycle, including in both the primary and general elections, as applicable;

(4) Terminates his or her candidacy; or

(5) Fails to comply with the Fair Elections Program's requirements.

(d) If a certification is revoked under subsection (c) of this section, the Director of Campaign Finance shall provide the candidate with the opportunity to appeal the revocation within 10 business days.

(e) If a certification is revoked under subsection (c) of this section, the participating candidate whose certification has been revoked shall remit to the Fair Elections Fund the remaining funds in the participating candidate's campaign accounts pursuant to § 1-1163.32h.


(Apr. 27, 2012, D.C. Law 19-124, § 332c; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Mar. 13, 2019, D.C. Law 22-250, § 6(jj), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(j), 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(jj) of D.C. Law 22-250 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.

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(j) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(j) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(d) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(d) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32d. Base amount payments.

(a)(1)(A) Within 5 business days after a participating candidate is certified under § 1-1163.32c(b), the Director of Campaign Finance shall direct the Office of the Chief Financial Officer to disburse to the participating candidate half of the base amount described in paragraph (2) of this subsection. The Office of the Chief Financial Officer shall disburse the funds within 5 business days after receiving direction to do so from the Director of Campaign Finance.

(B) Within 5 business days after the participating candidate qualifies for the ballot, the Director of Campaign Finance shall direct the Office of the Chief Financial Officer to disburse to the participating candidate the other half of the base amount described in paragraph (2) of this subsection. The Office of the Chief Financial Officer shall disburse the funds within 5 business days after receiving direction to do so from the Director of Campaign Finance.

(2) The base amount shall be:

(A) $160,000 for the office of Mayor;

(B) $40,000 for the office of Attorney General;

(C) $40,000 for the office of Chairman of the Council;

(D) $40,000 for the office of Councilmember elected at-large and from a ward; and

(E) $10,000 for the office of State Board of Education elected at-large and from a ward.

(b)(1) In an uncontested election, the participating candidate shall:

(A) Not receive the base amount described in subsection (a) of this section, except as provided in paragraph (3) of this subsection; and

(B) Be eligible to receive matching payments for qualified small-dollar contributions pursuant to § 1-1163.32e.

(2) If an uncontested election becomes a contested election after a participating candidate is certified under § 1-1163.32c(b), the Director of Campaign Finance shall direct, no later than 5 business days after the uncontested election becomes a contested election, the Office of the Chief Financial Officer to disburse to the participating candidate, and the Office of the Chief Financial Officer shall disburse, within 5 business days after receiving direction to do so from the Director of Campaign Finance:

(3)(A) If a contested election becomes an uncontested election after the participating candidate has received the first, but not the second, half of the base amount, the participating candidate may retain any unspent base amount funds to repay:

(i) Any authorized expenditures or the proper debts that were incurred in connection with the participating candidate's campaign; and

(ii) Personal funds of the participating candidate or the participating candidate's immediate family contributed under § 1-1163.32f(a)(6).

(B) If a contested election becomes an uncontested election, a participating candidate who has not yet qualified for the ballot shall not receive the second half of the base amount upon ballot qualification.

(c) Funds shall be distributed to participating candidates under this section through the use of an electronic funds transfer or a debit card.


(Apr. 27, 2012, D.C. Law 19-124, § 332d; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Sept. 11, 2019, D.C. Law 23-16, § 1042(k), 66 DCR 8621; June 8, 2020, D.C. Act 23-328, § 803(b)(2), 67 DCR 7598.)

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(k) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(k) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(e) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(e) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32e. Matching payments for qualified small-dollar contributions.

(a) Qualified small-dollar contributions received in an election cycle before a candidate is certified as a participating candidate pursuant to § 1-1163.32c(b) shall not be matched until the candidate is certified.

(b) After the candidate is certified, the participating candidate shall receive matching payments from the Fair Elections Fund for the qualified small-dollar contributions that the participating candidate received in that election cycle before the participating candidate was certified and those qualified small-dollar contributions received after the participating candidate was certified, in an amount equal to 500% of the amount of the qualified small-dollar contributions, subject to subsection (d) of this section.

(c) Contributions from non-District resident individuals shall not be matched.

(d) The maximum amount participating candidates may receive under this section shall be:

(1) For candidates for Mayor and Chairman of the Council, 110% of the average expenditures of the winning candidates for that covered office, respectively, in the prior 4 election cycles (not including special elections);

(2) For candidates for Attorney General, 110% of the average expenditures of the winning candidates for that covered office in all prior election cycles, until such time as 4 election cycles for that covered office have been held, after which time, 110% of the average expenditures of the winning candidates for that covered office in the prior 4 election cycles (not including special elections); and

(3) For candidates for member of the Council elected at-large or by ward, and for candidates for member of the State Board of Education elected at-large or by ward, 110% of the average expenditures of all winning candidates for that covered office, respectively, in the prior 2 election cycles (not including special elections).

(e) Within 5 business days after the receipt of a report made under § 1-1163.09(a) and (b-1), the Director of Campaign Finance shall direct the Office of the Chief Financial Officer to disburse payments under this section. The Office of the Chief Financial Officer shall disburse the payments within 5 business days after receiving direction to do so from the Director of Campaign Finance.

(f) The Director of Campaign Finance shall provide a written explanation with respect to any denial of any payment under this section and shall provide an opportunity to appeal the denial within 10 business days.

(g) Funds shall be distributed to participating candidates under this section through the use of an electronic funds transfer or a debit card.


(Apr. 27, 2012, D.C. Law 19-124, § 332e; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Sept. 11, 2019, D.C. Law 23-16, § 1042(l), 66 DCR 8621; June 8, 2020, D.C. Act 23-328, § 803(b)(3), 67 DCR 7598.)

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(l) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(l) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(f) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(f) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32f. Limitations on contributions and expenditures.

(a) Except as provided in subsection (d)(2) of this section, a candidate seeking certification and a participating candidate shall not receive or expend any contribution in that election cycle other than:

(1) Qualified small-dollar contributions;

(2) Contributions from non-District resident individuals that comply with the limitations in § 1-1163.32b(a);

(3) Contributions from Fair Elections Committees that do not exceed $1,500 per Fair Elections Committee per election cycle; provided, that Fair Elections Committees established, financed, maintained, or controlled by substantially the same group of individuals shall be treated as a single Fair Elections Committee and their contributions aggregated;

(4) Base amount payments under § 1-1163.32d;

(5) Matching payments under § 1-1163.32e; and

(6) Personal funds of the candidate or the candidate's immediate family in the form of a contribution or loan that does not exceed, in the aggregate:

(A) For a candidate for Mayor, $5,000; or

(B) For a candidate for Attorney General, Chairman of the Council, member of the Council elected at-large or by ward, or member of the State Board of Education elected at-large or by ward, $2,500.

(b) The amounts described in subsection (a)(6) of this section shall be adjusted by the Director of Campaign Finance each election cycle, excluding election cycles for special elections, by the percentage increase in the Consumer Price Index for the Washington-Baltimore Metropolitan Statistical Area for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, or any successor index, for the prior calendar year.

(c)(1) A candidate seeking certification who accepted a contribution from sources other than those described in subsection (a) of this section before the date the candidate is certified may not participate in the Fair Elections Program, unless within 10 days after certification, the participating candidate:

(A) Returns the unexpended contribution to the contributor;

(B) Remits the unexpended contribution to the Fair Elections Fund; or

(C) If the contribution has been expended, and:

(i) The election is a contested election, subtracts the total amount of the expended contributions from the base amount to which the candidate would be eligible under § 1-1163.32d; or

(ii) The election is an uncontested election, subtracts the total amount of the expended contributions, up to the base amount to which the participating candidate would have been eligible under § 1-1163.32d if the election were a contested election, from the matching payments to which the candidate would be eligible under § 1-1163.32e.

(2) If the candidate expended contributions from sources other than those described in subsection (a) of this section in excess of the base amount to which a candidate for the seat for that covered office would be eligible under § 1-1163.32dif the election were a contested election, the candidate may not participate in the Fair Elections Program.

(d) A participating candidate shall not make expenditures for the following:

(1) Legal expenses not directly related to acts taken under this chapter or the Elections Code;

(2) Payment of any penalty or fine imposed pursuant to federal or District law;

(3) Compensation to the participating candidate or a member of the participating candidate's immediate family, except for reimbursement of out-of-pocket expenses incurred for campaign purposes;

(4) Clothing and other items or services related to the participating candidate's personal appearance;

(5) Contributions, loans, or transfers to another candidate's political committee or a political action committee;

(6) Gifts, which, for the purposes of this paragraph, shall not include printed campaign materials such as signs, brochures, buttons, or clothing; and

(7) Any other purpose that the Elections Board establishes through rules issued pursuant to § 1-1163.32l.


(Apr. 27, 2012, D.C. Law 19-124, § 332f; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, § 1002(d), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(kk), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(m), 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(kk) of D.C. Law 22-250 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.

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(m) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(m) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(g) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

For temporary (90 days) amendment of this section, see § 1002(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1002(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(g) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32g. Debate requirement.

(a) The Director of Campaign Finance shall conduct at least one debate for each contested primary, special, and general election in an election cycle for the covered offices of Mayor, Attorney General, Chairman of the Council, member of the Council elected at-large, and member of the State Board of Education elected at-large.

(b)(1) For a contested primary election for a covered office listed in subsection (a) of this section, all partisan participating candidates in that primary election shall participate in the debate.

(2) For a contested special election or general election for a covered office listed in subsection (a) of this section, all participating candidates shall participate in the debate.

(3) If there is no other participating candidate, or other candidate who is not a participating candidate who is willing to participate in a debate under this section, for a covered office, then the requirements of subsection (a) of this section shall be waived for that covered office.

(4) Any candidate who has qualified for ballot access for a covered office listed in paragraph (1) of this subsection, in accordance with the procedures required by the Elections Board pursuant to § 1-1001.08, and who is not a participating candidate, may participate in a debate for that covered office held pursuant to this section.


(Apr. 27, 2012, D.C. Law 19-124, § 332g; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Sept. 11, 2019, D.C. Law 23-16, § 1042(n), 66 DCR 8621.)

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(n) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(n) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(h) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(h) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32h. Remitting funds and donating equipment.

(a)(1) No later than 60 days after a primary election in an election cycle for which a losing participating candidate was on the ballot, the losing participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate's campaign accounts. The losing participating candidate shall also donate any equipment purchased by the campaign to a non-profit organization, within the meaning of section 501(c)(3) of the Internal Revenue Code and operating in good standing in the District for a minimum of one calendar year before the date of any donation, that is unaffiliated with the candidate, the candidate's immediate family, the principal campaign committee, the principal campaign committee chair and treasurer, the immediate family of the principal campaign committee chair and treasurer, and any board of directors or similar governing body on which sits the candidate, the candidate's immediately family, or the principal campaign committee chair or treasurer.

(2) No later than 60 days after a special or general election in an election cycle for which a participating candidate was on the ballot, the participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate's campaign accounts. The losing participating candidate shall also donate any equipment purchased by the campaign to a non-profit organization, within the meaning of section 501(c)(3) of the Internal Revenue Code and operating in good standing in the District for a minimum of one calendar year before the date of any donation, that is unaffiliated with the candidate, the candidate's immediate family, the principal campaign committee, the principal campaign committee chair and treasurer, the immediate family of the principal campaign committee chair and treasurer, and any board of directors or similar governing body on which sits the candidate, the candidate's immediately family, or the principal campaign committee chair or treasurer.

(b)(1) No later than 60 days after a participating candidate's certification is revoked pursuant to § 1-1163.32c(c), the participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate's campaign accounts. The participating candidate whose certification has been revoked pursuant to § 1-1163.32c(c) shall also donate any equipment purchased by the campaign to a non-profit organization, within the meaning of section 501(c)(3) of the Internal Revenue Code and operating in good standing in the District for a minimum of one calendar year before the date of any donation, that is unaffiliated with the candidate, the candidate's immediate family, the principal campaign committee, the principal campaign committee chair and treasurer, the immediate family of the principal campaign committee chair and treasurer, and any board of directors or similar governing body on which sits the candidate, the candidate's immediately family, or the principal campaign committee chair or treasurer.

(2) If a participating candidate's certification is revoked pursuant to section 332c(c)(2), (3), or, due to fraudulent activities, (5), the participating candidate shall be personally liable for any expended base amount or matching payments.

(c) Notwithstanding subsections (a) and (b) of this section, a participating candidate may withhold funds from the amount required to be remitted for an additional 180 days after the 60-day periods in subsections (a) and (b) of this section if the participating candidate submits documentation of the funds to the Director of Campaign Finance no later than the last day of the 60-day period. The withheld funds shall only be used for the following purposes:

(1) To repay any authorized expenditures or retire the proper debts that were incurred in connection with the participating candidate's campaign; and

(2) To repay personal funds of the participating candidate or the participating candidate's immediate family contributed under § 1-1163.32f(a)(6).

(d) Repealed.

(e) For the purposes of this section, the term "equipment" means any furniture or electronic or battery-powered equipment purchased by a participating candidate's campaign that costs at least $50.


(Apr. 27, 2012, D.C. Law 19-124, § 332h; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Mar. 13, 2019, D.C. Law 22-250, § 6(ll), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(o), 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(ll) of D.C. Law 22-250 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.

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(o) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(o) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(i) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(i) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32i. Fair Elections Fund.

(a) There is established as a special fund the Fair Elections Fund ("Fund"), which shall be administered by the Director of Campaign Finance in accordance with subsection (c) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Annual appropriations for the Fair Elections Program;

(2) Funds remitted by a participating candidate pursuant to § 1-1163.32h; and

(3) Revenue from fines levied for violations of [this part].

(c) Money in the Fund shall only be used for the purpose of providing public financing for political campaigns of participating candidates and administering the Fair Elections Program.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(e)(1) In time for inclusion in the Mayor's budget and financial plan each year, and at other times as the Director of Campaign Finance deems necessary, the Director of Campaign Finance shall submit an estimate of the amount of public funds that will be necessary to provide for the following:

(A) Administration of the Fair Elections Program; and

(B) Elections in the next year in which elections are scheduled.

(C) Repealed.

(D) Repealed.

(2) The estimates shall be submitted in a manner and at such times as to ensure that appropriations are allocated in full by the beginning of the fiscal year before the year in which elections are scheduled and to allow additional amounts to be appropriated if necessary.


(Apr. 27, 2012, D.C. Law 19-124, § 332i; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, § 1002(e), 65 DCR 9388.)

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1002(e) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1002(e) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).


§ 1–1163.32j. Reporting.

(a) The Director of Campaign Finance shall publish on the Office of Campaign Finance's website and submit a report to the Mayor and the Council no later than 9 months after the end of each election cycle. The report shall include, at a minimum, the following:

(1) For that election cycle:

(A) The names of all candidates, including:

(i) Whether, and if applicable, when the candidate was certified as a participating candidate; and

(ii) Whether, and if applicable, when and why a participating candidate's certification was revoked;

(B) The number of, aggregate total value of, and date on which qualified small-dollar contributions were submitted by the participating candidate for certification;

(C) The total base amount payments and matching payments provided to each participating candidate;

(D) Listed by participating candidate, a description of each qualified-small-dollar contribution received, including:

(i) The amount of each qualified-small-dollar contribution;

(ii) The small-dollar contributor's name, home address, occupation, and principal place of business, if any; and

(iii) The date on which the qualified small-dollar contribution was received;

(E) Listed by non-participating candidate, the total number of qualified small-dollar contributions received by that candidate;

(F) Listed by participating candidate, a description of each expenditure, including:

(i) The amount of the expenditure;

(ii) The purpose for the expenditure; and

(iii) The date on which the expenditure was made;

(G) Listed by participating candidate, a description of any funds remitted to the Fair Elections Fund;

(H) Listed by participating candidate, the total amount of personal funds that the participating candidate or the participating candidate's immediate family contributed to the participating candidate; and

(I) A review and evaluation of the effect of the Fair Elections Program on District elections and campaigns, including the Fair Elections Program's effect on:

(i) The sources and amounts of non-qualified small-dollar contributions;

(ii) Campaign expenditures; and

(iii) Participation of candidates and small-dollar contributors in the Fair Elections Program.

(2) A review of national best practices relating to the public financing of campaigns and recommendations for changes or enhancements to the Fair Elections Program, including proposed adjustments to:

(A) The qualified small-dollar contribution limits;

(B) The number of qualified small-dollar contributions required to be certified as a participating candidate;

(C) The base amounts;

(D) The matching payments match ratio; and

(E) The personal funds of a participating candidate or a participating candidate's immediate family that may be contributed to the participating candidate.

(b) No later than December 31, 2021, the District of Columbia Auditor shall prepare and submit to the Mayor and Council a report on the Fair Elections Program's operations during the election cycle beginning on November 7, 2018, and ending on November 3, 2020. The report shall include:

(1) An evaluation of the extent to which the Fair Elections Program and participating candidates met the requirements of the Fair Elections Amendment Act of 2018, effective May 5, 2018 (D.C. Law 22-94; 65 DCR 2847);

(2) A financial audit of the Fair Elections Program; and

(3) Recommendations for improving the Fair Elections Program.


(Apr. 27, 2012, D.C. Law 19-124, § 332j; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, § 1002(f), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(mm), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(p), 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(mm) of D.C. Law 22-250 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.

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(p) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(p) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(j) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

For temporary (90 days) amendment of this section, see § 1002(f) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1002(f) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(j) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).


§ 1–1163.32k. 2020 election cycle report by the District of Columbia Auditor. [Repealed]

Repealed.


(Apr. 27, 2012, D.C. Law 19-124, § 332k; Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, § 1002(g), 65 DCR 9388.)

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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) repeal of this section, see § 1002(g) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) repeal of this section, see § 1002(g) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).


§ 1–1163.32l. Rules.

(a) The Elections Board, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of [this part], including:

(1) Procedures for verifying and auditing qualified small-dollar contributions; and

(2) Rules relating to the donation of equipment.

([b]) For the purposes of this section, the term "equipment" shall have the same meaning as provided in § 1-1163.32h(e).


(Apr. 27, 2012, D.C. Law 19-124, § 332l; as added May 5, 2018, D.C. Law 22-94, § 2(b)(5), 65 DCR 2847; Mar. 13, 2019, D.C. Law 22-250, § 6(nn), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(q), 66 DCR 8621.)

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(nn) of D.C. Law 22-250 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.

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 creation of this section by section 2(b)(5) 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 creation of this section by § 2(b)(5) 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 § 1042(q) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(q) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(k) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(k) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).