D.C. Law 23-192. Initiative and Referendum Process Improvement Amendment Act of 2020.

D.C. Law 23-192. Initiative and Referendum Process Improvement Amendment Act of 2020.

AN ACT

To amend the District of Columbia Elections Code of 1955 to include Vote Centers operated by the Board in the definition of polling place, to create a polling place for individuals incarcerated in the Department of Corrections' custody or care at the Central Detention Facility and Correctional Treatment Facility, to allow a person who has complied with the rules of the political party to be listed on the ballot by means other than gathering petition signatures, to allow District government employees to serve as election workers, regardless of their residency or where they are registered to vote, to require voter registration agencies to regularly promote election-related information on their social media platforms, to require petition sheets circulated in support of a candidate to be filed with the District of Columbia Board of Elections in hard copy but allow petition sheets to be made electronically available by the District of Columbia Board of Elections to the candidate and by the candidate to the qualified petition circulators, to extend the deadline for a write-in candidate to meet qualifications and submit a declaration of candidacy following an election, to prohibit individuals from intentionally removing or destroying campaign signs before the date that is 4 days after the election, to require the District of Columbia Board of Elections to request advisory opinions from the Attorney General and the General Counsel of the Council on whether a measure is a proper subject of initiative or referendum, to require the Attorney General and the General Counsel of the Council to provide advisory opinions within 15 business days or 5 business days for an initiative or referendum, respectively, to require the summary statement to be written in plain language, to require the District of Columbia Board of Elections to consult experts in legal drafting, including the Attorney General and General Counsel of the Council, to require the Office of the Chief Financial Officer to issue a fiscal impact statement for initiative measures within 15 business days after receipt of a request from the District of Columbia Board of Elections, to require the District of Columbia Board of Elections to, within 24 hours of adoption, notify the proposer, submit the measure to the D.C. Register and at least one newspaper, and publish the measure on its website, to require the District of Columbia Board of Elections to transmit the measure by e-mail to the proposer, to allow the proposer to print from the original blank petition sheets on paper that is not white, to allow the District of Columbia Board of Elections to provide petition sheets to candidates electronically and candidates to provide those sheets electronically to circulators, but require them to be filed in hard copy with the District of Columbia Board of Elections, to allow proponents of a recall to print from the original blank petition sheets on paper of good writing quality, and to make technical and conforming changes; and to amend the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 to allow the District of Columbia Board of Elections to change the dates by which public reports are required to be filed and by which the names of public officials are to be published during a period of time for which the Mayor has declared a public health emergency, to allow the District of Columbia Board of Elections to change the date by which confidential disclosure of financial interest reports are required to be filed and by which such reports are required to be reviewed during a period of time for which the Mayor has declared a public health emergency, to allow the District of Columbia Board of Elections to change the date by which lobbyists are required to file reports during a period of time for which the Mayor has declared a public health emergency, to permit the Director of Campaign Finance to conduct trainings online during a period of time for which the Mayor has declared a public health emergency, to clarify that, in order to be certified as a participating candidate in the Fair Elections Program, a candidate must submit a signed affidavit declaring that the candidate has paid any fines or penalties assessed for a violation of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 whether or not those fines or penalties are due or delinquent at the time of filing the affidavit, to allow the Director of Campaign Finance 5 business days to disburse half of the base amount under the Fair Elections Program, and to allow the Director of Campaign Finance 5 business days to disburse matching payments for small-dollar contributions under the Fair Elections Program.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Initiative and Referendum Process Improvement Amendment Act of 2020".

Sec. 2. The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.), is amended as follows:

Amend § 1-1001.02

(a) Section 2 (D.C. Official Code § 1-1001.02) is amended as follows:

(1) Paragraph (12) is amended by striking the phrase "his or her" and inserting the phrase "the elected official's" in its place.

(2) Paragraph (16) is amended as follows:

(A) Sub-subsection (A) is amended by striking the phrase "he or she" and inserting the phrase "a person" in its place.

(B) Sub-subsection (C) is amended by striking the phrase "his or her" both times it appears and inserting the phrase "the qualified elector's" in its place.

(C) Sub-subsection (D) is amended by striking the phrase "his or her permanent home, he or she" and inserting the phrase "the qualified elector's home, the qualified elector" in its place.

(D) Sub-subsection (E) is amended by striking the phrase "his or her residence. If a person is absent from the District, but intends to maintain residence in the District for voting purposes, he or she" and inserting the phrase "the person's residence. If a person is absent from the District, but intends to maintain residence in the District for voting purposes, the person" in its place.

(3) A new paragraph (31) is added to read as follows:

"(31) "Polling place" includes Vote Centers operated by the Board throughout the District.".

Amend § 1-1001.03

(b) Section 3 (D.C. Official Code § 1-1001.03) is amended as follows:

(1) Subsection (b) is amended by striking the phrase "he or she is" and inserting the phrase "the person is" in its place.

(2) Subsection (c) is amended by striking the phrase "until his successor" and inserting the phrase "until the member's successor" in its place.

Amend § 1-1001.04

(c) Section 4 (D.C. Official Code § 1-1001.04) is amended as follows:

(1) Subsection (a) is amended as follows:

(A) The lead-in language is amended by striking the phrase "unless he or she" and inserting the phrase "unless the individual" in its place.

(B) Paragraph (2) is amended by striking the phrase "he or she is" and inserting the phrase "the individual is" in its place.

(2) Subsection (b)(4) is amended by striking the phrase "in his or her" and inserting the phrase "in the person's" in its place.

(3) Subsection (d)(1) is amended by striking the phrase "he or she shall notify such member, in writing, of the charge against him or her" and inserting the phrase "the Mayor shall notify such member, in writing, of the charge against the member" in its place.

(d) Section 5 (D.C. Official Code § 1-1001.05) is amended as follows:

Amend § 1-1001.05

(1) Subsection (a)(9) is amended by striking the phrase "polling places" and inserting the phrase "polling places, including a polling place for individuals incarcerated in the Department of Corrections' custody or care at the Central Detention Facility and Correctional Treatment Facility" in its place.

Amend § 1-1001.05

(2) Subsection (b) is amended as follows:

(A) Paragraph (2) is amended to read as follows:

"(2) No person shall be listed on the ballot as a candidate for nomination for President in such presidential preference primary election unless:

"(A) No later than 90 days before the date of such presidential preference primary election, there shall have been filed with the Board a petition on behalf of the person signed by at least 1,000, or 1%, whichever is fewer, of the qualified electors of the District who are registered under section 7, and are of the same political party as the nominee; or

"(B) The person has complied with the rules of the political party to be listed on the ballot, and if the party rules provide for candidate qualification by means other than gathering petition signatures as described in subparagraph (A) of this paragraph, the political party shall certify to the Board no later than 24 hours after the date that is 90 days before the date of such presidential preference primary election the names of candidates for nomination who have qualified by such means.".

(B) Paragraph (3)(B) is amended by striking the phrase "his political party" and inserting the phrase "the candidate's political party" in its place.

(C) Paragraph (4)(A) is amended by striking the phrase "his or her choice" and inserting the phrase "the voter's choice" in its place.

(D) Paragraph (5) is amended to read as follows:

"(5) The delegates and alternates, of each political party in the District of Columbia to the national convention of that party convened for the nomination of that party for President, elected in accordance with this act, shall be obliged to vote only for the candidate whom the delegate or alternate has been selected to represent in accordance with properly promulgated rules of the political party, on the 1st ballot cast at the convention for nominees for President, or until such time as such candidate to whom the delegate is committed withdraws the candidate's candidacy, whichever 1st occurs.".

Amend § 1-1001.05

(3) Subsection (e) is amended as follows:

(A) Paragraph (1)(B) is amended by striking the phrase "his or her term" and inserting the phrase "the Executive Director's term" in its place.

(B) Paragraph (2) is amended by striking the phrase "elections, conflict of interest, or lobbying." and inserting the phrase "elections." in its place.

(C) Paragraph (3) is amended by striking the phrase "to him or her" and inserting the phrase "to the General Counsel" in its place.

(D) Paragraph (4) is amended as follows:

(i) Subparagraph (A) is amended by striking the phrase "The Board shall" and inserting the phrase "Except as provided in subparagraph (C) of this paragraph, the Board shall" in its place.

(ii) Subparagraph (B) is amended by striking the phrase "him or her to" and inserting the phrase "the polling place worker to" in its place.

(iii) A new subparagraph (C) is added to read as follows:

"(C) Election workers, including precinct captains and polling place workers, who are District government employees are not required to be District residents or qualified electors.".

Amend § 1-1001.05a

(e) Section 5a(b) (D.C. Official Code § 1-1001.05a(b)) is amended by striking the phrase "his or her" and inserting the phrase "the person's" in its place.

Amend § 1-1001.07

(f) Section 7 (D.C. Official Code § 1-1001.07) is amended as follows:

(1) Subsection (d) is amended as follows:

(A) Paragraph (1)(B) is amended by striking the phrase "the Office on Aging" and inserting the phrase "the Department of Aging and Community Living" in its place.

(B) Paragraph (2) is amended as follows:

(i) Subparagraph (C) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(ii) Subparagraph (D) is amended by striking the period and inserting the phrase "; and" in its place.

(iii) A new subparagraph (E) is added to read as follows:

"(E) Regularly promote election-related information on the voter registration agencies' social media platforms, including by providing information about how to register to vote and vote.".

(C) Paragraph (14)(A) is amended by striking the phrase "District of Columbia Fire Department" and inserting the phrase "Fire and Emergency Medical Services Department" in its place.

Amend § 1-1001.08

(g) Section 8 (D.C. Official Code § 1-1001.08) is amended as follows:

(1) Subsection (b) is amended as follows:

(A) Paragraph (1)(A) is amended by striking the phrase "he or she has" and inserting the phrase "the person has" in its place.

(B) Paragraph (3)(C) is amended by striking the phrase "he or she is" and inserting the phrase "the signer is" in its place.

(C) A new paragraph (3A) is added to read as follows:

"(3A)(A) Petition sheets circulated in support of a candidate for elected office pursuant to this act must be filed with the Board in hard copy but may be electronically provided by the:

"(i) Board to the candidate;

"(ii) Candidate to qualified petition circulators; and

"(iii) Qualified petition circulator to the candidate.

"(B) Signatures on such petition sheets shall not be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.".

(D) Paragraph (4) is amended by striking the phrase "the Corporation Counsel" and inserting the phrase "the Attorney General" in its place.

(2) Subsection (g) is amended to read as follows:

"(g)(1) No person may be elected to the office of elector of President and Vice President pursuant to this act unless the person:

"(A) Is a registered voter in the District; and

"(B) Has been a bona fide resident of the District for a period of 3 years immediately preceding the date of the presidential election.

"(2) Each person elected as elector of President and Vice President shall, in the presence of the Board, take an oath or solemnly affirm that the person will vote for the candidates of the party the person has been nominated to represent, and it shall be the person's duty to vote in such manner in the electoral college.".

(3) Subsection (l)(1) is amended by striking the phrase "the chairman" and inserting the phrase "the chairperson" in its place.

(4) Subsection (r) is amended as follows:

(A) Paragraph (2) is amended as follows:

(i) Strike the phrase "his or her candidacy" and insert the phrase "the candidate's candidacy" in its place; and

(ii) Strike the phrase "on the day following the date of the election" and insert the phrase "on the third day immediately following the date of the election" in its place.

(B) Paragraph (3) is amended to read as follows:

"(3) To be eligible for election to public office, a write-in candidate shall be a duly registered elector and shall meet all of the other qualifications required for election to the office and shall declare the candidate's candidacy not later than 4:45 p.m. on the seventh day immediately following the date of the election in which the candidate was a candidate on a form or forms prescribed by the Board.".

Amend § 1-1001.09

(h) Section 9 (D.C. Official Code § 1-1001.09) is amended as follows:

(1) Subsection (b) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "his or her" both times it appears and inserting the phrase "the registered qualified elector's" in its place.

(B) Paragraph (3) is amended by striking the phrase "his or her current" and inserting the phrase "the registered qualified elector's current" in its place.

(2) Subsection (d) is amended as follows:

(A) Paragraph (1) is amended as follows:

(i) Strike the phrase "he or she believes" and insert the phrase "the challenger believes" in its place; and

(ii) Strike the phrase "challenge on his or her own initiative" and insert the work "challenge" in its place.

(B) Paragraph (3) is amended by striking the phrase "he or she finds" both times it appears and inserting the phrase "the precinct captain finds" in its place.

(C) Paragraph (4) is amended by striking the phrase "he or she shall" and inserting the phrase "the precinct captain shall" in its place.

(D) Paragraph (6) is amended by striking the phrase "his or her determination" and inserting the phrase "the hearing officer's determination" in its place.

(E) Paragraph (7) is amended to read as follows:

"(7) The hearing officer shall notify the precinct captain of the hearing officer's decision on the appeal of the unsuccessful challenge, and the precinct captain shall notify each party of the hearing officer's decision. If the hearing officer affirms the precinct captain's decision to deny the challenge, the challenged voter shall cast a regular ballot. The precinct captain shall inform the challenger of the challenger's right to appeal the decision of the Board hearing officer to the Superior Court of the District of Columbia. If the hearing officer overturns the precinct captain's decision to deny the challenge, the challenged voter shall be allowed to vote only by casting a paper ballot marked "challenged" in accordance with the procedures set forth in paragraph (8) of this subsection.".

(F) Paragraph (8) is amended as follows:

(i) Strike the phrase "his or her right" and insert the phrase "the voter's right" in its place; and

(ii) Strike the phrase "he or she is a registered qualified elector" and insert the phrase "the voter is a qualified registered elector" in its place.

(3) Subsection (e) is amended as follows:

(A) Paragraph (2) is amended by striking the phrase "his or her ballot" and inserting the phrase "the person's ballot" in its place.

(B) Paragraph (3) is amended by striking the phrase "he or she may" and inserting the phrase "the voter may" in its place.

(C) Paragraph (4) is amended by striking the phrase "his or her special" and inserting the phrase "the voter's special" in its place.

(4) Subsection (f) is amended by striking the phrase "his or her vote" and inserting the phrase "the qualified elector's vote" in its place.

(5) Subsection (g)(1) is amended by striking the phrase "he or she has" and inserting the phrase "the person has" in its place.

Amend § 1-1001.10

(i) Section 10 (D.C. Official Code § 1-1001.10) is amended as follows:

(1) Subsection (c) is amended by striking the phrase "him or her or them" and inserting the phrase "the candidate or candidates" in its place.

(2) Subsection (d) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "his or her term" and inserting the phrase "the official's term" in its place.

(B) Paragraph (2)(A) is amended by striking the phrase "his or her election" and inserting the phrase "the person's election" in its place.

(3) Subsection (e)(1) is amended by striking the phrase "his or her election" and inserting the phrase "the person's election" in its place.

(4) Subsection (f) is amended by striking the phrase "his or her immediate" and inserting the phrase "the person's immediate" in its place.

Amend § 1-1001.14

(j) Section 14 (D.C. Official Code § 1-1001.14) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "his or her qualifications for registering or voting or for holding elective office, or be guilty of violating section 7(d)(2)(D), section 9, section 12, or section 13 or be guilty of bribery or intimidation of any voter at an election, or being registered, shall vote or attempt to vote more than once in any election so held, or shall purloin or secrete any of the votes cast in an election, or attempt to vote in an election held by a political party other than that to which he or she has" and inserting the phrase "the person's qualifications for registering or voting or for holding elective office, or be guilty of violating section 7(d)(2)(D), section 9, section 12, or section 13, or be guilty of bribery or intimidation of any voter at an election, or being registered, shall vote or attempt to vote more than once in any election so held, or shall purloin or secrete any of the votes cast in an election, or attempt to vote in an election held by a political party other than that to which the person has" in its place.

(2) Subsection (a-1)(1)(B) is amended to read as follows:

"(B) Give false information as to the person's name, address, or period of residence for the purpose of establishing the person's eligibility to register or vote, that is known by the person to be false;".

(3) Subsection (b) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "his or her own" and inserting the phrase "the person's own" in its place.

(B) Paragraph (3) is amended by striking the phrase "induce him or her to sign or not to sign, his or her signatures" and inserting the phrase "induce the person to sign or not to sign, the person's signatures" in its place.

(C) Paragraph (4) is amended by striking the phrase "the Corporation Counsel" and inserting the phrase "the Attorney General" in its place.

(4) Subsection (b-1) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "who, during the period beginning 30 days before any election or referendum, initiative, or recall and ending 4 days after the" and inserting the phrase "who, before the date that is 4 days after an" in its place.

(B) Paragraph (3)(F) is amended by striking the phrase "his or her authority" and inserting the phrase "the person's authority" in its place.

Amend § 1-1001.15

(k) Section 15 (D.C. Official Code § 1-1001.15) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "he or she shall, within 3 days after the Board has sent him notice that he or she has been so nominated, designate in writing the office for which he or she wishes to run, in which case he or she will" and inserting the phrase "the person shall, within 3 days after the Board has sent the person notice that the person has been so nominated, designate in writing the office for which the person wishes to run, in which case the person will" in its place.

(2) Subsection (b) is amended by striking the phrase "he or she is a candidate, that person shall, within 24 hours of the date that the Board certifies said person's election, pursuant to subsection (a)(11) of section 5, either resign from the office that person currently holds or shall decline to accept the office for which he or she was a candidate. In the event that said person elects to resign, said resignation shall be effective not later than 24 hours before the date upon which that person would assume the office to which he or she" and inserting the phrase "the person is a candidate, that person shall, within 24 hours of the date that the Board certifies said person's election, pursuant to section 5(a)(11), either resign from the office that person currently holds or shall decline to accept the office for which the person was a candidate. In the event that said person elects to resign, said resignation shall be effective not later than 24 hours before the date upon which that person would assume the office to which the person" in its place.

Amend § 1-1001.16

(l) Section 16 (D.C. Official Code § 1-1001.16) is amended as follows:

(1) Subsection (a)(2) is amended as follows:

(A) Sub-subsection (A) is amended by striking the word "and".

(B) Sub-subsection (B) is amended by striking the punctuation "." and inserting the phrase "; and" in its place.

(C) A new sub-subsection (C) is added to read as follows:

"(C) A copy of the verified statement of contributions that the proposer has filed with the Director of Campaign Finance.".

(2) Subsection (b) is amended by adding a new paragraph (1A) to read as follows:

"(1A)(A) Within one business day after the proposed initiative or referendum measure is received by the Board, the Board shall request advisory opinions from the Attorney General and the General Counsel of the Council on whether the measure is a proper subject of initiative or referendum.

"(B) If the measure is a proposed:

"(i) Initiative measure, the Attorney General and the General Counsel of the Council shall provide advisory opinions to the Board within 15 business days after the Board's request is received; or

"(ii) Referendum measure, the Attorney General and the General Counsel of the Council shall provide advisory opinions to the Board within 5 business days after the Board's request is received.".

(3) Subsection (c) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "statement, not" and inserting the phrase "statement, written in plain language, not" in its place.

(B) Paragraph (2) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(C) Paragraph (3) is amended to read as follows:

"(3) Prepare, in the proper legislative form, the proposed initiative or referendum measure, where applicable, which shall conform to the legislative drafting style of acts of the Council, and consult experts in legislative drafting, including the Attorney General and the General Counsel of the Council; and".

(D) A new paragraph (4) is added to read as follows:

"(4) If the measure is an initiative measure, request a fiscal impact statement from the Office of the Chief Financial Officer, who shall issue a fiscal impact statement within 15 business days after receipt of the request from the Board.".

(4) Subsection (d) is amended to read as follows:

"(d)(1) After preparing an initiative or referendum measure, the Board shall call a public meeting to adopt the summary statement, short title, and legislative form of the measure.

"(2) Within 24 hours after adoption, the Board shall:

"(A) Notify the proposer of the measure, via email, of the exact language of the summary statement, short title, and legislative form;

"(B) Submit the summary statement, short title, legislative form, and, if the measure is an initiative measure, the fiscal impact statement, to:

"(i) The District of Columbia Register for publication; and

"(ii) At least one newspaper of general circulation in the District; and

"(C) Publish the summary statement, short title, legislative form, and, if the measure is an initiative measure, the fiscal impact statement, on the Board's website.".

(5) Subsection (f) is amended to read as follows:

"(f)(1) When the summary statement, short title, and legislative form of an initiative or referendum measure have been established pursuant to subsection (e) of this section, the Board shall certify their establishment and transmit a copy by certified mail and e-mail to the proposer.

"(2) The established short title shall be the title of the measure in all petitions, ballots, and other related proceedings.

"(3) The Board shall, upon the request of any person, make single copies of the approved short title, summary statement, and full legislative text available at no charge. Additional copies shall be made available at a nominal cost.".

(6) Subsection (g) is amended by striking the phrase "white paper of good writing quality of the same size as the original or shall utilize the mobile application made available under section 5(a)(19). Each initiative or referendum petition sheet shall consist of one double-sided sheet providing numbered lines for 20 printed" and inserting the phrase "paper of good writing quality or shall utilize the mobile application made available under section 5(a)(19). Each initiative or referendum petition sheet shall consist of one sheet providing numbered lines for printed" in its place.

(7) A new subsection (g-1) is added to read as follows:

"(g-1)(1) Petition sheets of proposers shall be filed with the Board in hard copy but may be electronically made available by the:

"(A) Board to the proposers; and

"(B) Proposers to qualified petition circulators.

"(2) Signatures on petition sheets shall not be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.".

(8) Subsection (h)(5) is amended by striking the period and inserting the phrase "; and" in its place.

(9) Subsection (i) is amended to read as follows:

"(i)(1) In order for any initiative measure or referendum measure to qualify for the ballot for consideration by the electors of the District, the proposer of the initiative measure or referendum measure shall secure the valid signatures of registered qualified electors upon the initiative or referendum measure equal in number to 5% of the registered qualified electors in the District; provided, that the total signatures submitted include 5% of the registered qualified electors in each of 5 or more of the 8 wards.

"(2) The number of registered qualified electors that is used for computing the requirements described in paragraph (1) of this subsection shall be consistent with the latest official count of registered qualified electors made by the Board 30 days prior to the submission of the signatures for the particular initiative or referendum petition.".

(10) Subsection (j) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "subsection (h)" and inserting the phrase "subsection (f)" in its place.

(B) Paragraph (3) is amended by striking the phrase "subsection (h)" and inserting the phrase "subsection (f)" in its place.

(11) Subsection (m) is amended by striking the phrase "Congress for review" and inserting the period "Congress for any remaining period of review" in its place.

Amend § 1-1001.17

(m) Section 17 (D.C. Official Code § 1-1001.17) is amended as follows:

(1) Subsection (c) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "his term" and inserting the phrase "the elected officer's term" in its place.

(B) Paragraph (2) is amended by striking the phrase "his or her favor" and inserting the phrase "the elected officer's favor" in its place.

(2) Subsection (e) is amended as follows:

(A) The lead-in language is amended by striking the phrase "his or her own form. The proponent shall print from the original blank petition sheets on white paper of good writing quality of the same size as the original or" and inserting the phrase "the proponent's own form. The proponent shall print from the original blank petition sheets on paper of good writing quality or" in its place.

(B) Paragraph (2) is amended by striking the phrase "he or she holds" and inserting the phrase "the elected officer holds" in its place.

(3) Subsection (g) is amended by striking the phrase "his or her own" and inserting the phrase "the proponent's own" in its place.

(4) The lead-in language of subsection (l) is amended by striking the phrase "his or her office" and inserting the phrase "the elected officer's office" in its place.

(5) Subsection (n) is amended by striking the phrase "remove him or her" and inserting the phrase "remove the elected officer" in its place.

Sec. 3. The Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.), is amended as follows:

Amend § 1-1162.24

(a) Section 224 (D.C. Official Code § 1-1162.24) is amended by adding a new subsection (c-2) to read as follows:

"(c-2) Notwithstanding any other provision of this section, during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), the Board may change the dates by which:

"(1) Reports required by this section are to be filed; and

"(2) The names of public officials are to be published pursuant to subsection (c-1) of this section.".

Amend § 1-1162.25

(b) Section 225 (D.C. Official Code § 1-1162.25) is amended by adding a new subsection (b-1) to read as follows:

"(b-1) Notwithstanding any other provision of this section, during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), the Board may change the dates by which:

"(1) Reports required by subsection (a) of this section are to be filed; and

"(2) Reports filed pursuant to subsection (a) of this section shall be reviewed pursuant to subsection (b) of this section.".

Amend § 1-1162.30

(c) Section 230 (D.C. Official Code § 1-1162.30) is amended by adding a new subsection (a-1) to read as follows:

"(a-1) Notwithstanding any other provision of this section, during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), the Board may change the dates by which reports required by subsection (a) of this section shall be filed.".

Amend § 1-1163.04

(d) Section 304(7A)(A) (D.C. Official Code § 1-1163.04(7A)(A)) is amended by striking the phrase "in person" and inserting the phrase "in person, or, during a period of time for which the Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), online" in its place.

Amend § 1-1163.32c

(e) Section 332c(a)(2)(E) (D.C. Official Code § 1-1163.32c(a)(2)(E)) is amended to read as follows:

"(E) Has paid any fines or penalties assessed for a violation of this act, whether or not those fines or penalties are due or delinquent at the time of filing the affidavit; and".

Amend § 1-1163.32d

(f) Section 332d (D.C. Official Code § 1-1163.32d) is amended by striking the phrase "5 days after" wherever it appears and inserting the phrase "5 business days after" in its place.

Amend § 1-1163.32e

(g) Section 332e(e) (D.C. Official Code § 1-1163.32e(e)) is amended by striking the phrase "Within 5 days after" and inserting the phrase "Within 5 business days after" in its place.

Sec. 4. Applicability.

(a) Section 2(d)(1) shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of the provision identified in subsection (a) of this section.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.