Chapter 11A. Ethics and Government Accountability.

Subchapter I. Definitions.

§ 1–1161.01. Definitions.

For the purposes of this chapter, the term:

(1) "Administrative decision" means any activity directly related to action by an executive agency or official in the executive branch to:

(A) Make any contract, grant, reprogramming, or procurement of goods or services;

(B) Issue a Mayor's order;

(C) Cause to be undertaken a rulemaking proceeding (which does not include a formal public hearing) under the Administrative Procedure Act; or

(D) Propose legislation or make nominations to the Council, the President, or Congress.

(2) “Administrative Procedure Act” means Chapter 5 of Title 2 [§ 2-501 et seq.].

(2A) “Affiliated entity” means each business entity that is related to an entity by virtue of one of the following relationships:

(A) One of the entities controls the other; or

(B) The entities share a controller, whether that controller is another entity or an individual.

(3) “Affiliated organization” means:

(A) An organization or entity:

(i) In which the employee serves as officer, director, trustee, general partner, or employee;

(ii) In which the employee or member of the employee’s household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value; or

(iii) That is a client of the employee or a member of the employee’s household; or

(B) A person with whom the employee is negotiating for or has an arrangement concerning prospective employment.

(3A) "Base amount" means the amounts a participating candidate is eligible to receive as lump-sum payments under § 1-1163.32d.

(3B) "Board" means the Board of Ethics and Government Accountability established by § 1-1162.02.

(3C) “Bundled” or “bundling” means to forward or arrange to forward two or more contributions from one or more persons by a person who is not acting with actual authority as an agent or principal of a committee. Hosting a fundraiser, by itself, shall not constitute bundling.

(4) “Business or business entity” means any corporation, partnership, sole proprietorship, firm, nonprofit corporation, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, and any legal entity through which business is conducted, whether for profit or not.

(4A) “Business contributor” means a business entity making a contribution and all of that entity's affiliated entities.

(5) “Business with which he or she is associated” means any business of which the person or member of his or her household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value, and any business that is a client of that person.

(5A) "Campaign Finance Board" means the Campaign Finance Board established by § 1-1163.02.

(6) "Candidate" means an individual who seeks election to public office, whether or not the individual is nominated or elected. An individual deemed to be a candidate for the purposes of this chapter shall not be deemed, solely by reason of that status, to be a candidate for the purposes of any other law. For the purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if the individual:

(A) Obtained or authorized any other person to obtain nominating petitions to qualify the individual for election to public office;

(B) Received contributions or made expenditures, or has given consent to any other person to receive contributions or make expenditures, with a view to bringing about the individual's election to public office; or

(C) Knows, or has reason to know, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose; provided, that an individual shall not be deemed to be a candidate if the individual notifies each person who has received contributions or made expenditures that the individual is only testing the waters, has not yet made any decision whether to seek election to public office.

(6A) "Candidate seeking certification" means a candidate for a covered office who:

(A) Has complied with § 1-1163.12; and

(B) Indicated on the registration statement that the candidate will seek certification as a participating candidate under § 1-1163.32c.

(7) “Code of Conduct” means those provisions contained in the following:

(A) For members and employees of the Council, the Code of Official Conduct of the Council of the District of Columbia, as adopted by the Council;

(B) Sections 1-618.01 through 1-618.02;

(D) Section 2-354.16;

(E) For employees and public officials who are not members or employees of the Council, Chapter 18 of Title 6B of the District of Columbia Municipal Regulations;

(E-i) Chapter 11B of this title [§ 1-1171.01 et seq.];

(F) Parts C, D, and E of subchapter II, and part F of subchapter III of this chapter for the purpose of enforcement by the Elections Board of violations of § 1-1163.38 that are subject to the penalty provisions of § 1-1162.21.

(G) Section 1-329.01, concerning gifts to the District of Columbia.

(8) “Commodity” means commodity as defined in section 1a of the Commodity Exchange Act, approved September 21, 1922 (42 Stat. 998; 7 U.S.C. § 1a).

(9) "Compensation", for the purposes of part E of subchapter II of this chapter, means any money or an exchange of value received, regardless of its form, by a person acting as a lobbyist.

(9A) "Contested election" means an election for a seat for a covered office for which there are at least 2 candidates, at least one of whom is a participating candidate.

(9B) For the purposes of a contract, as that term is defined in paragraph (10C)(A)(ii) of this section, "contracting authority" means:

(A) The Chief Procurement Officer, as defined in § 2-351.04(11) of the PPRA;

(B) Any agency listed in § 2-352.01(b) of the PPRA;

(D) The Council of the District of Columbia.

(10)(A) “Contribution” means:

(i) A gift, subscription (including any assessment, fee, or membership dues), loan (except a loan made in the regular course of business by a business engaged in the business of making loans), advance, or deposit of money or anything of value (including contributions in cash or in kind), made for the purpose of financing, directly or indirectly:

(I) The election of a candidate;

(II) Any operations of a political committee, political action committee, or independent expenditure committee; or

(III) The campaign to obtain signatures on any initiative, referendum, or recall measure, or to bring about the ratification or defeat of any initiative, referendum, or recall measure;

(ii) A transfer of funds between:

(I) Political committees;

(II) Political action committees;

(III) A political committee and a political action committee; or

(IV) Candidates;

(iii) The payment, by any person other than a candidate, a political committee, political action committee, or independent expenditure committee of compensation for the personal services of another person that are rendered to such candidate or committee without charge or for less than reasonable value, or the furnishing of goods, advertising, or services to a candidate's campaign without charge or at a rate which is less than the rate normally charged for such services; and

[(iv)] An expenditure that is coordinated with a public official, a political committee affiliated with a public official, or an agent of any person described in this sub-subparagraph.

(B) Notwithstanding subparagraph (A) of this paragraph, the term “contribution” does not include:

(i) Personal or other services provided without compensation by a person (including an accountant or an attorney) volunteering a portion or all of the person's time to or on behalf of a candidate, political committee, political action committee, or independent expenditure committee;

(ii) Communications by an organization other than a political party solely to its members and their families on any subject;

(iii) Communications (including advertisements) to any person on any subject by any organization that is organized solely as an issue-oriented organization, which communications neither support nor oppose any candidate for office;

(iv) Normal billing credit for a period not exceeding 30 days;

(v) Services of an informational or polling nature, designed to seek the opinion of voters concerning the possible candidacy of a qualified elector for public office, before such qualified elector becomes a candidate;

(vi) The use of real or personal property, and the costs of invitations, food, and beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the person's residential premises for related activities; provided, that expenses do not exceed $500 with respect to the candidate's election; and

(vii) The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if the charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor; provided, that expenses do not exceed $500 with respect to the candidate's election.

(10A) “Control” or “controlling interest” means the practical ability to direct or cause to be directed the financial management policies of an entity. An ownership interest of 51% shall constitute a rebuttable presumption of control.

(10B)(A) "Coordinate" or "coordination" means to take an action, including making a contribution or an expenditure:

(i) At the explicit or implicit direction, request, or suggestion of a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official; or

(ii) In cooperation, consultation, or concert with, or with other material involvement of a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official.

(B) There shall be a rebuttable presumption that a contribution or an expenditure is coordinated with a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official, if:

(i) The contribution or expenditure is made based on information that the public official, political committee affiliated with the public official, or an agent of a public official or a political committee affiliated with a public official, provided to the particular person making the contribution or expenditure about its needs or plans, including information about campaign messaging or planned expenditures;

(ii) The person making the contribution or expenditure retains the professional services of a person who also provides the public official, political committee affiliated with the public official, or an agent of a public official or a political committee affiliated with a public official, with professional services related to campaign or fundraising strategy;

(iii) The person making the contribution or expenditure is a political committee, political action committee, or independent expenditure committee that was established or is or was staffed in a leadership role by an individual who:

(I) Works or previously worked in a senior position or in an advisory capacity on the public official's staff or on the public official's principal campaign committee; or

(II) Who is a member of the public official's immediate family; or

(iv) The contribution or expenditure is made for the purpose of financing, directly or indirectly, the election of a candidate or a political committee affiliated with that candidate, and that candidate has fundraised for the person making the expenditure.

(10C)(A)(i) "Covered contractor" means any business entity, or a principal of a business entity, seeking or holding a contract or multiple contracts with the District government.

(ii) For the purposes of this paragraph, "contract" means agreements with an aggregate value of $250,000 or more, including the value of any option period or similar contract extension or modification, for:

(I) The rendition of services;

(II) The furnishing of any goods, materials, supplies, or equipment;

(III) The construction, alteration or repair of any District government-owned or District government-leased property;

(IV) The acquisition, sale, lease, or surplus and disposition of any land or building;

(V) A licensing arrangement;

(VI) A tax exemption or abatement; or

(VII) A loan or loan guarantee, not including loans made for non-commercial purposes, such as educational loans or residential mortgage loans.

(iii) For the purposes of this paragraph, the term "contract" shall not include a contract governing the employment of District government employees, including a collective bargaining agreement.

(B) Only contracts sought or held with overlapping contract periods shall be aggregated for the purposes of determining the aggregate value of multiple contracts under this paragraph.

(C) The term "seeking", for the purposes of a tax exemption or abatement, means that legislation authorizing that tax abatement or exemption is pending before the Council.

(10D) "Covered office" means the office of Mayor, Attorney General, Chairman of the Council, member of the Council elected at large, member of the Council elected by ward, member of the State Board of Education elected at large, and member of the State Board of Education elected by ward.

(10E) "Debate" means the public, moderated, reciprocal discussion of issues conducted by the Director of Campaign Finance pursuant to § 1-1163.32g.

(11) “Direct and predictable effect” means there is:

(A) A close causal link between any decision or action to be taken in the matter and any expected effect of the matter on the financial interest;

(B) A real, as opposed to a speculative possibility, that the matter will affect the financial interest; and

(12) “Director of Campaign Finance” means the Director of Campaign Finance of the Campaign Finance Board created by § 1-1163.02.

(13) “Director of Government Ethics” means the Director of Government Ethics created by § 1-1162.06.

(13A) "Director of Open Government" means the Director of Open Government created by § 1-1162.06.

(14) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(15) “Election” means a primary, general, or special election held in the District of Columbia for the purpose of nominating an individual to be a candidate for election to public office, or for the purpose of electing a candidate to public office, or for the purpose of deciding an initiative, referendum, or recall measure, and includes a convention or caucus of a political party held for the purpose of nominating such a candidate.

(16) “Election Code” means subchapter I of Chapter 10 of this title [§ 1-1001.01 et seq.].

(16A) "Election cycle" means:

(A) The period beginning on the day after the date of the most recent general election for a seat for a covered office and ending on the date of the next general election for that seat for the covered office; or

(B) In the case of a special election for a seat for a covered office, the period beginning on the day the special election is called and ending on the date of the special election for that seat for the covered office.

(17) “Elections Board” means the District of Columbia Board of Elections established under the Election Code, and redesignated by § 1-1163.05.

(18) “Employee” means, unless otherwise apparent from the context, a person who performs a function of the District government and who receives compensation for the performance of such services, or a member of a District government board or commission, whether or not for compensation.

(18A) “Entity” shall have the same meaning as provided in § 29-101.02.

(19) Repealed.

(20) “Executive agency” means:

(A) A department, agency, or office in the executive branch of the District government under the direct administrative control of the Mayor;

(B) The State Board of Education or any of its constituent elements;

(D) The Elections Board;

(E) Any District professional licensing and examining board under the administrative control of the executive branch; and

(F) The Campaign Finance Board.

(21)(A) “Expenditure” means:

(i) A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of financing, directly or indirectly:

(I) The election of a candidate;

(II) Any operations of a political committee, political action committee, or independent expenditure committee; or

(III) The campaign to obtain signatures on any initiative, referendum, or recall petition, or to bring about the ratification or defeat of any initiative, referendum, or recall measure;

(ii) A transfer of funds between:

(I) Political committees;

(II) Political action committees;

(III) A political committee and a political action committee; or

(IV) Candidates.

(B) Notwithstanding subparagraph (A) of this paragraph, the term “expenditure” does not include incidental expenses (as defined by the Campaign Finance Board or the Board of Ethics and Government Accountability) made by or on behalf of a person in the course of volunteering that person's time on behalf of a candidate, political committee, or political action committee or the use of real or personal property and the cost of invitations, food, or beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the person's residential premises for candidate-related activity; provided, that the aggregate value of such activities by such person on behalf of any candidate does not exceed $500 with respect to any election.

(22) "Exploratory committee" means any person, or group of persons, organized for the purpose of exploring the feasibility of an individual becoming a candidate for public office in the District.

(22A) "Fair elections committee" means a political committee that only accepts contributions from:

(A) Individuals who are District residents, which shall not exceed $250 per individual per election cycle; or

(B) A membership organization, if the contributions consist of membership dues paid by individuals who are District residents that do not exceed:

(i) The amount of membership dues actually paid per member per election cycle; and

(ii) $250 per member per election cycle.

(22B) "Fair Elections Fund" means the fund established by § 1-1163.32i.

(22C) "Fair Elections Program" means the program to provide for publicly funded campaigns, established by § 1-1163.32a.

(23) “Gift” means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received. The term “gift” shall not include:

(A) A contribution otherwise reported as required by law;

(B) A commercially reasonable loan made in the ordinary course of business; or

(24) “Home Rule Act” means Chapter 2 of this title [§ 1-201.01 et seq.].

(25) “Household” means a public official or employee and any member of his or her immediate family with whom the public official or employee resides.

(26) “Immediate family” means the spouse or domestic partner of a public official or employee and any parent, grandparent, brother, sister, or child of the public official or employee, and the spouse or domestic partner of any such parent, grandparent, brother, sister, or child.

(27) “Inaugural committee” means a person, or group of persons, organized for the purpose of soliciting, accepting, and expending funds and coordinating activities to celebrate the election of a new Mayor.

(28) “Income” means gross income as defined in section 61 of the Internal Revenue Code (26 U.S.C. § 61).

(28A) “Independent expenditure” means an expenditure that is:

(A) Made for the purpose of promoting or opposing:

(i) The nomination or election of a candidate;

(ii) A political party; or

(iii) Any initiative, referendum, or recall;

(B) Not controlled by or coordinated with:

(i) Any public official ;

(ii) Any agent of a public official, including a political committee; and

(28B) “Independent expenditure committee” means any committee, club, association, organization, or other group of individuals that:

(A) Is organized for the purpose of making independent expenditures;

(B) Is not controlled by or coordinated with:

(i) Any public official; or

(ii) An agent of a public official, including a political committee; and

(i) Political committees;

(ii) Political action committees; or

(iii) Candidates.

(28C) "Individual" means a natural person.

(29) “Internal Revenue Code” means the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 3; 26 U.S.C. § 1 et seq.), and the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.), as amended from time to time.

(30) “Legal defense committee” means a person or group of persons organized for the purpose of soliciting, accepting, and expending funds to defray the professional fees and costs for a public official's legal defense to one or more civil, criminal, or administrative proceedings arising directly out of the conduct of a campaign, the election process, or the performance of the public official's governmental activities and duties.

(31) “Legislative action” includes any activity conducted by an official in the legislative branch in the course of carrying out his or her duties as such an official, and relating to the introduction, passage, or defeat of any legislation in the Council, including measures that review or consider any contract, grant, reprogramming, or procurement decision.

(32)(A) “Lobbying” means communicating directly with any official in the legislative or executive branch of the District government with the purpose of influencing any legislative action or an administrative decision.

(B) The term “lobbying” shall not include:

(i) The appearance or presentation of written testimony by a person on his or her own behalf, or representation by an attorney on behalf of any such person in a rulemaking (which includes a formal public hearing), rate-making, or adjudicatory hearing before an executive agency or the Tax Assessor;

(ii) Information supplied in response to written inquiries by an executive agency, the Council, or any public official;

(iii) Inquiries concerning only the status of specific actions by an executive agency or the Council;

(iv) Testimony given before the Council or a committee of the Council, during which a public record is made of such proceedings or testimony submitted for inclusion in such a public record;

(v) A communication made through the instrumentality of a newspaper, television, or radio of general circulation, or a publication whose primary audience is the organization’s membership; and

(vi) Communications by a bona fide political party.

(33)(A) “Lobbyist” means any person who engages in lobbying.

(B) Public officials communicating directly or soliciting others to communicate with other public officials shall not be deemed lobbyists for the purposes of this chapter; provided, that a public official does not receive compensation in addition to his or her salary for such communication or solicitation and makes such communication and solicitation in his or her official capacity.

(33A) "Matching payments" means payments provided to a participating candidate for qualified small-dollar contributions under § 1-1163.32e.

(33B) "Material involvement" means, with respect to a contribution or expenditure, any communication to or from a public official, political committee affiliated with public official, or any agent of a public official or political committee affiliated with a public official, related to the contribution or expenditure. Material involvement includes devising or helping to devise the strategy, content, means of dissemination, or timing of the contribution or expenditure, or making any express or implied solicitation of the contribution or expenditure.

(33C) "Membership organization" means an organization that:

(A) Is tax-exempt under section 501(c) of the Internal Revenue Code;

(B) Is comprised of members who are individuals, whether or not the organization also has affiliated organizations; provided, that all of the members are required as a condition of membership to pay dues at least annually in amounts predetermined by the membership organization;

(D) Is neither a political committee nor otherwise organized for the principal purpose of promoting or opposing the nomination or election of a person to local, state, or federal public office.

(34) “Merit Personnel Act” means Chapter 6 of this title [§ 1-601.01 et seq.].

(34A) "Non-contribution account" means a financial account of a political action committee that is segregated from other accounts of the political action committee and is used for the sole purpose of making independent expenditures.

(35) “Office” means the office of Mayor, Attorney General, Chairman of the Council, member of the Council, member of the State Board of Education, or an official of a political party.

(36) “Official in the executive branch” means:

(A) The Mayor;

(B) Any officer or employee in the Executive Service;

(C) Persons employed under the authority of §§ 1-609.01 through 1-609.03 (except § 1-609.03(a)(3)) paid at a rate of DS-13 or above in the General Schedule or equivalent compensation under the provisions of subchapter XI of Chapter 6 of this title [§ 1-611.01 et seq.] or designated in § 1-609.08 (except paragraphs (9) and (10) of that section; or

(D) Members of boards and commissions designated in § 1-523.01(e).

(37) “Official in the legislative branch” means any candidate for Chairman or member of the Council in a primary, special, or general election, the Chairman or Chairman-elect or any member or member-elect of the Council, officers, and employees of the Council appointed under the authority of §§ 1-609.01 through 1-609.03 or designated in § 1-609.08.

(38) “Official of a political party” means:

(A) National committeemen and national committeewomen;

(B) Delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States;

(C) Alternates to the officials referred to in subparagraphs (A) and (B) of this paragraph, where permitted by political party rules; and

(D) Such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District.

(39) Repealed.

(40) “Open Meetings Act” means subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.].

(40A) "Participating candidate" means a candidate for a seat for a covered office who is certified under § 1-1163.32c.

(41) “Particular matter” is limited to meaning a deliberation, decision, or action that is focused upon the interests of specific persons, or a discrete and identifiable class of persons.

(42) “Person” means an individual, partnership, committee, corporation, labor organization, and any other organization.

(43) “Person closely affiliated with the employee” means a spouse, dependent child, general partner, a member of the employee’s household, or an affiliated organization.

(43A) “Political action committee” means any committee, club, association, organization, or other group of individuals that is:

(A) Organized for the purpose of promoting or opposing:

(i) The election of a person to public office;

(ii) A political party; or

(iii) Any initiative, referendum, or recall; and

(B) Not controlled by or coordinated with:

(i) Any public official or candidate; or

(ii) Any agent of a public official, including a political committee.

(44) “Political committee” means an committee, club, association, organization, or other group of individuals that is:

(A) Organized for the purpose of promoting or opposing:

(i) The election of a person to public office;

(ii) A political party; or

(iii) Any initiative, referendum, or recall; or

(B) An inaugural, transition, or legal defense committee; and

(45) “Political party” means an association, committee, or organization that nominates a candidate for election to any office and qualifies under subchapter I of Chapter 10 of this title [§ 1-1001.01 et seq.] to have the names of its nominees appear on the election ballot as the candidate of that association, committee, or organization.

(45A) "PPRA" means the Procurement Practices Reform Act of 2010 (Chapter 3A of Title 2).

(45B) "Principal" of a business entity, for purposes of paragraph (10C) of this section, means senior officers of that business entity, such as president, executive director, chief executive officer, chief operating officer, or chief financial officer. If a business entity is an educational institution, the term "principal" shall not include deans of that business entity.

(45C) "Prohibited period" means:

(A) For the types of contracts described in paragraph (10C)(A)(ii)(I), (II), (III), and (IV) (but not leases, or surpluses and dispositions) of this section, from the date of the solicitation or similar invitation or opportunity to contract to:

(i) If the covered contractor's response to the solicitation is unsuccessful, the termination of negotiations or notification by the District that the covered contractor's response was unsuccessful; or

(ii) If the covered contractor's response to the solicitation is successful, one year after the termination of the contract;

(B) For the types of contracts described in paragraphs (10C)(A)(ii)(IV) (only leases), (V), and (VII) of this section, from the date of the solicitation or similar invitation or opportunity to contract to:

(ii) If the covered contractor's response to the solicitation is successful, one year after the entrance into the contract;

(C) For the types of contracts described in paragraph (10C)(A)(ii)(IV) (only surpluses and dispositions) of this section, from the date of the solicitation or similar invitation or opportunity to contract to:

(i) If the covered contractor's response to the solicitation is unsuccessful before the introduction of legislation before the Council, the termination of negotiations or notification by the District that the covered contractor's response was unsuccessful; or

(ii) If the covered contractor's response to the solicitation is successful and legislation is introduced before the Council:

(I) If the legislation is not passed before the end of that Council Period or is disapproved, the end of that Council period; or

(II) If the legislation passes, one year after the effective date of the legislation; and

(D) For the types of contracts described in paragraph (10C)(A)(ii)(VI) of this section, from the introduction of legislation, or the inclusion of such a contract in pending legislation, before the Council to:

(i) If the legislation is not passed before the end of that Council Period or is disapproved, the end of that Council Period; or

(ii) If the legislation passes, one year after the effective date of the legislation.

(45D) "Prohibited recipient" means:

(A) If the covered contractor is seeking or holding a contract, as defined in paragraph (10C)(A)(ii) of this section, with, or for which the procurement process would be overseen by, a District agency subordinate to the Mayor:

(i) The Mayor;

(ii) Any candidate for Mayor;

(iii) Any political committee affiliated with the Mayor or a candidate for Mayor; and

(iv) Any constituent-service program affiliated with the Mayor;

(B) If the covered contractor is seeking or holding a contract, as defined in paragraph (10C)(A)(ii) of this section, with the Office of the Attorney General:

(i) The Attorney General;

(ii) Any candidate for Attorney General; and

(iii) Any political committee affiliated with the Attorney General or a candidate for Attorney General; and

(C) If the covered contractor is seeking or holding a contract, as defined in paragraph (10C)(A)(ii) of this section, with the Council, that must come before the Council for its approval pursuant to § 1-204.51, or which must otherwise be approved by the Council legislatively to take effect (such as tax abatements or exemptions, or surpluses and dispositions of District property):

(i) Any Councilmember;

(ii) Any candidate for Councilmember;

(iii) Any political committee affiliated with a Councilmember or a candidate for Councilmember; and

(iv) Any constituent-service program affiliated with a Councilmember.

(46) “Prohibited source” means any person that:

(A) Has or is seeking to obtain contractual or other business or financial relations with the District government;

(B) Conducts operations or activities that are subject to regulation by the District government; or

(C) Has an interest that may be favorably affected by the performance or non-performance of the employee’s official responsibilities.

(47) “Public official” means:

(A) A candidate;

(B) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title;

(D) A Representative or Senator elected pursuant to § 1-123;

(E) An Advisory Neighborhood Commissioner;

(F) A member of the State Board of Education;

(G) A person serving as a subordinate agency head in a position designated as within the Executive Service;

(G-i) Members of the Washington Metropolitan Area Transit Authority Board of Directors appointed appointed by the Council pursuant to § 9-1107.01(5)(a);

(G-ii) A Member or Alternate Member of the Washington Metrorail Safety Commission appointed by the District of Columbia pursuant to Article III.B. of the Metrorail Safety Commission Interstate Compact [§ 9-1109.11(III)(B)];

(H) A member of a board or commission listed in § 1-523.01(e);

(I) A District of Columbia Excepted Service employee, except an employee of the Council, paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and any additional employees designated by rule by the Board of Ethics and Government Accountability who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and

(J) An employee of the Council paid at a rate equal to or above the midpoint rate of pay for Excepted Service 9.

(47A) "Qualified small-dollar contribution" means a deposit of money, including in cash or in kind, with a value of $5 or more that:

(A) Is made for the purpose of financing the nomination or election of a candidate or any operations of a political committee;

(B) Meets the requirements of § 1-1163.32b; and

(47B) "Qualifying period" means:

(A) For a candidate running in a primary election, the period beginning on the day after the most recent general election for the seat for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the primary election for the seat for the covered office sought;

(B) For a candidate not running in a primary election, the period beginning on the day after the most recent general election for the seat for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the general election for the seat for the covered office sought; or

(C) For a candidate running in a special election, the period beginning on the day the special election is called and ending on the last day to file nominating petitions for the covered office sought.

(48) “Registrant” means a person who is required to register as a lobbyist under the provisions of § 1-1162.27.

(49) “Security” means a security as defined in section 2(1) of the Securities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. § 77b(1)).

(49A) "Small-dollar contributor" means an individual who:

(A) Is a District resident; and

(B) Contributes a qualified small-dollar contribution to a candidate seeking certification or a participating candidate.

(50) “Tax” means the taxes imposed under Chapter 1 of the Internal Revenue Code, under Chapter 18 of Title 47, and under the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; D.C. Official Code § 34-2101passim); and any other provision of law relating to the taxation of property within the District.

(51) “Transactions in securities or commodities” means any acquisition, holding, withholding, use, transfer, or other disposition involving any security or commodity.

(52) “Transition committee” means any person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds for office and personnel transition on behalf of the Mayor, Attorney General, or Chairman of the Council.

(53) "Uncontested election" means an election for a seat for a covered office for which there is only one participating candidate and no other candidate.

(Apr. 27, 2012, D.C. Law 19-124, § 101, 59 DCR 1862; Apr. 27, 2013, D.C. Law 19-286, § 3(a), 60 DCR 2319; Feb. 22, 2014, D.C. Law 20-79, § 2(a), 61 DCR 153; Feb. 22, 2014, D.C. Law 20-80, § 2(g), 61 DCR 169; July 15, 2014, DC. Law 20-122, § 2(a), 61 DCR 5688; Apr. 7, 2017, D.C. Law 21-240, § 2(a), 64 DCR 1598; May 5, 2018, D.C. Law 22-94, § 2(a), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, §§ 1002(a), 1083(a), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(b), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(a), 66 DCR 8621; Nov. 13, 2021, D.C. Law 24-45, § 1022(a), 68 DCR 010163; July 12, 2022, D.C. Law 24-147, §§ 154(a)(1), 169, 69 DCR 003386.)

Section References

This section is referenced in § 1-1001.02, § 1-1001.05, and § 1-1171.04.

Effect of Amendments

The 2013 amendment by D.C. Law 19-286 added (47)(G-1).

The 2014 amendment by D.C. Law 20-79 added (2A), (3A), (4A), (10A), (10B), (18A), (28A), (28B), (33A), and (43A); substituted “‘Business or business entity’” for “‘Business’” in (4); rewrote (6), (10), (21) and (44); substituted “of an individual’s becoming” for “of becoming” in (22); substituted “A contribution” for “A political contribution” in (23)(A); and, in (30), deleted the comma following “persons” and substituted “spending” for “expending”.

The 2014 amendment by D.C. Law 20-80 added D.C. Law 18-335, § 7a, which added (7)(E-i).

The 2014 amendment by D.C. Law 20-122 substituted “For members and employees of the Council, the” for “The” in (7)(A); added “For employees and public officials who are not members or employees of the Council” in (7)(E); and added (7)(G).

Applicability

Section 2 of D.C. Law 24-328 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 25-33 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 24-676 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Law 24-45 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 10(b) of D.C. Law 22-250 required that the new paragraphs (9B), (10C), (45A), (45B), (45C), and (45D), added to this section by D.C. Law 22-250, (1) Apply as of November 4, 2020; and (2) Not apply to contracts, as defined in D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 4, 2020.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(b) 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 amendment of this section by section 2(a) 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(a) 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.

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 20-79: 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).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1022(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 2(a) of Fair Elections Clarification Emergency Amendment Act of 2021 (D.C. Act 24-129, July 29, 2021, 68 DCR 007672).

For temporary (90 days) amendment of this section, see § 1042(a) 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(a) 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(a) 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 § 1083(a) 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(a) 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 § 1083(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

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

For temporary (90 days) amendment of this section, see § 2(a) of Council Financial Disclosure Emergency Amendment Act of 2016 (D.C. Act 21-641, Jan. 25, 2017, 64 DCR 931).

For temporary (90 days) addition of D.C. Law 18-335, § 7a, amending subdivision (7) of this section, see § 2(g) of the Prohibition on Government Employee Engagement in Political Activity Emergency Amendment Act of 2013 (D.C. Act 20-25, March 7, 2013, 60 DCR 3986, 20 DCSTAT 485).

For temporary (90 days) addition of D.C. Law 18-335, § 7a, amending subdivision (7) of this section, see § 2(g) of the Prohibition on Government Employee Engagement in Political Activity Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-231, December 20, 2013, 61 DCR 3, 20 DCSTAT 2633).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Fair Elections Clarification Temporary Amendment Act of 2021 (D.C. Law 24-32, Sept. 22, 2021, 68 DCR 007983).

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

For temporary (225 days) addition of D.C. Law 18-335, § 7a, see § 2(g) of the Prohibition on Government Employee Engagement in Political Activity Temporary Amendment Act of 2013 (D.C. Law 20-4, May 18, 2013, 60 DCR 4624, 20 DCSTAT 1268).

For temporary (90 days) amendment of section, see § 2(a) of the Comprehensive Code of Conduct and BEGA Emergency Amendment Act of 2014, (D.C. Act 20-323, Apr. 28, 2014, 61 DCR 4681).

References in Text

The District of Columbia Public Works Act of 1954, referenced in paragraph (50) of this section, is primarily codified at § 9-101.16, subchapter I of Chapter 21 of Title 34, Chapter 23 of Title 34, §§ 34-2401.04, 34-2401.25, and 34-2405.02, subchapter IV of Chapter 24 of Title 34, and § 50-1501.02 and 50-1501.03.

Editor's Notes

Section 169 of D.C. Law 24-147 attempted to change "[(iv)]" found in subparagraph (A) of paragragh (10) of this section, but failed.

Subchapter II. Ethics Act.

Part A. Board of Ethics and Government Accountability.

§ 1–1162.01. Short title.

This subchapter may be cited as the “Government Ethics Act of 2011”.

§ 1–1162.01a. Comprehensive applicability to employees and public officials.

This chapter and the Code of Conduct shall apply to all employees and public officials serving the District of Columbia, its instrumentalities, subordinate and independent agencies, the Council of the District of Columbia, boards and commissions, and Advisory Neighborhood Commissions, but excluding the courts.

§ 1–1162.02. Establishment of the Board of Ethics and Government Accountability.

(a) There is established, as an independent agency of the District government, a Board of Ethics and Government Accountability, whose purpose shall be to:

(1) Administer and enforce the Code of Conduct;

(2) Appoint a Director of Open Government;

(3) Appoint a Director of Government Ethics;

(4) Receive, investigate, and adjudicate violations of the Code of Conduct;

(5) Conduct mandatory training on the Code of Conduct;

(6) Produce ethics training materials, including summary guidelines for all applicable laws and regulations;

(7) Produce a plain-language ethics guide;

(8) Issue rules and regulations governing the ethical conduct of employees and public officials; and

(9) Establish an anonymous and confidential telephone hotline for the purpose of receiving information related to violations of the Code of Conduct or other information with regard to the administration or enforcement of the Code of Conduct.

(b) By December 31 of each year, the Board shall submit a report to the Mayor and Council with recommendations on improving the District's government ethics and open government and transparency laws, including:

(1) An assessment of ethical guidelines and requirements for employees and public officials;

(2) A review of national and state best practices in open government and transparency; and

(3) Amendments to the Code of Conduct, the Open Meetings Act, and the Freedom of Information Act of 1976.

(Apr. 27, 2012, D.C. Law 19-124, § 202, 59 DCR 1862; Oct. 30, 2018, D.C. Law 22-168, § 1083(b), 65 DCR 9388.)

Section References

This section is referenced in § 1-1161.01, § 1-1162.21, and § 1-1171.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1083(b) 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 § 1083(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) addition of section, see § 1073 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 1073 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 1073 of Law 19-168 provided that any matter arising after January 29, 2012, from a violation of Title I, Subtitle C of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012, effective January 29, 2012 (D.C. Act 19-298; 59 DCR 683), or Title II, Subtitle C of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2012, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.), may be enforced by the Elections Board until October 1, 2012, after which pending matters shall be transferred to the Ethics Board for enforcement.

§ 1–1162.03. Composition; term; qualifications; removal.

(a) The Board shall consist of 5 members, no more than 3 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 6 years, except the members first appointed. Of the members first appointed, one member shall be appointed to serve for a 2-year term, 2 members shall be appointed to serve for a 4-year term, and 2 members shall be appointed to serve for a 6-year term, as designated by the Mayor. The terms of the 5 initial members shall begin on July 1, 2012.

(b)(1) The Mayor shall submit a nomination for membership on the Board to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination, by resolution, within the 90-day review period, the nomination shall be deemed disapproved.

(2) Within 45 days of April 27, 2012, the Mayor shall submit to the Council for its review pursuant to paragraph (1) of this subsection the nominations for initial appointment to the Board.

(d) Any person appointed to fill a vacancy on the Board shall be appointed only for the unexpired term of the member whose vacancy he or she is filling. The terms of the 5 initial members shall begin on July 1, 2012.

(e) A vacancy shall be noticed in the District of Columbia Register.

(f) A member may be reappointed, and, if not reappointed, the member may serve until the member’s successor has been appointed and approved.

(g)(1) When appointing and confirming a member of the Board, the Mayor and Council shall consider whether the individual:

(A) Possesses demonstrated integrity, independence, and public credibility; and

(B) Has particular knowledge, training, or experience in government ethics or in open government and transparency.

(2) At least one member of the Board shall have particular experience in open government and transparency.

(h) A person shall not be a member of the Board unless he or she:

(1) Is a duly registered voter;

(2) Has resided in the District continuously since the beginning of the one-year period ending on the day he or she is appointed; and

(3) Holds no other office or employment in the District government.

(i) A Board member shall not:

(1) Act as a leader or hold any office in a District political organization;

(2) Make speeches for a District political organization or candidate, or publicly endorse or oppose a District of Columbia candidate for public office;

(3) Solicit funds for, pay an assessment to, or make a contribution to a District political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a District of Columbia political organization or candidate;

(4) Be a lobbyist;

(5) Use his or her status as a member to directly or indirectly attempt to influence any decision of the District government relating to any action that is not within the Board’s purview; or

(6) During the member’s tenure on the Board, be convicted of having committed a felony in the District of Columbia, or if the crime is committed elsewhere, convicted of an offense that would have been a felony if it had been committed in the District of Columbia.

(j) A member of the Board may be removed for good cause, including engaging in any activity prohibited by subsections (h) or (i) of this section, in accordance with the following procedure:

(1) When the Mayor believes that there is good cause to remove a member, the Mayor shall notify the member in writing by personal service or by certified or registered mail, setting out the alleged cause and advising the member that he or she has 7 days in which to request a hearing before the Council.

(2) If the member fails to request a hearing within 7 days after receiving the notice, the Mayor may remove the member and appoint a new member to serve until the expiration of the term of the member removed.

(3) If within 7 days of receiving notice from the Mayor, the member requests a hearing, the Mayor shall promptly notify the Council, and the Council shall convene the hearing within 30 calendar days after receiving notice from the Mayor that a member has requested a hearing.

(4) At the conclusion of the hearing, the Council shall vote on whether to remove the member. If 2/3rds of the Council votes to remove a member, the member shall be removed and the Mayor shall appoint a new member to serve until the expiration of the term of the member removed.

(5) If less than 2/3rds of the Council votes to remove a member, the member shall not be removed.

(Apr. 27, 2012, D.C. Law 19-124, § 203, 59 DCR 1862; Oct. 22, 2015, D.C. Law 21-36, § 1082, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 1012(a), 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 1083(c), 65 DCR 9388; July 12, 2022, D.C. Law 24-147, § 154(a)(2), 69 DCR 003386.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36, in (a), substituted “5 members, no more than 3 of whom” for “3 members, no more than 2 of whom” in the first sentence, substituted “one member shall be appointed to serve for a 2-year term, 2 members shall be appointed to serve for a 4-year term, and 2 members shall be appointed to serve for a 6-year term” for “one member shall be appointed to serve for a 2-year term, one member shall be appointed to serve for a 4-year term, and one member shall be appointed to serve for a 6-year term” in the third sentence, and added the last sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1083(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 § 1083(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1082 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

§ 1–1162.04. Meetings.

(a) The Board shall hold regular monthly meetings in accordance with a schedule to be established by the Board. Additional meetings may be called as needed by the Board.

(b) The Board shall provide notice of meetings and shall conduct its meetings in compliance with subchapter IV of Chapter 5 of Title 2.

§ 1–1162.05. Compensation.

(a) Each member of the Board, excluding the Chairperson, shall receive compensation, as provided in § 1-611.08, while actually in the service of the Board, for a sum not to exceed $12,500 per annum.

(b) The Chairperson of the Board shall receive compensation, as provided in § 1-611.08, while actually in the service of the Board, for a sum not to exceed $26,500 per annum.

§ 1–1162.05a. Establishment of the Office of Government Ethics.

There is established within the Board an Office of Government Ethics. The Office of Government Ethics shall be headed by the Director of Government Ethics, who shall report directly to the Board.

§ 1–1162.05b. Establishment of the Office of Open Government.

There is established within the Board an Office of Open Government to promote open governance in the District. The Office of Open Government shall be headed by the Director of Open Government, who shall report directly to the Board.

§ 1–1162.05c. Director of Open Government.

(a) The Director of Open Government shall:

(1) Issue advisory opinions pursuant to § 2-579(g);

(2) Provide training related to the Open Meetings Act pursuant to § 2-580; and

(3) Pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of the Open Meetings Act.

(b) The Office of Open Government may bring suit to enforce the Open Meetings Act pursuant to subchapter IV of Chapter 5 of Title 2.

(c)(1) If an advisory opinion regarding the Open Meetings Act is issued by the Director of Open Government pursuant to a request for an advisory opinion, the requesting employee or public official may appeal the opinion for consideration by the Board.

(2) If the Director of Open Government issues an advisory opinion regarding the Open Meetings Act on his or her own initiative, any person aggrieved by the opinion may appeal the opinion for consideration by the Board.

(d) The Office of Open Government may issue advisory opinions on the implementation of subchapter II of Chapter 5 of Title 2.

§ 1–1162.06. Professional staff.

(a)(1) The Board shall select, employ, and fix the compensation for a Director of Government Ethics, a Director of Open Government, and such staff as the Board considers necessary, subject to the pay limitations of § 1-611.16. The Director of Government Ethics and the Director of Open Government shall serve at the pleasure of the Board.

(2) Notwithstanding any other law, an employee assigned to:

(A) The Office of Government Ethics shall be under the Director of Government Ethics' direction and control and may not be transferred to the Office of Open Government without the concurrence of the Director of Government Ethics; and

(B) The Office of Open Government shall be under the Director of Open Government's direction and control and may not be transferred to the Office of Government Ethics without the concurrence of the Director of Open Government.

(b) The Director of Government Ethics and the Director of Open Government shall be District residents throughout their term and failure to maintain District residency shall result in forfeiture of the position.

(c) The staff of the Board shall be subject to the Code of Conduct, and the Board shall promulgate such regulations as may be necessary to ensure that all persons responsible for the proper administration of this subchapter maintain a position of strict impartiality and refrain from any activity that would imply support or opposition to a Board investigation.

§ 1–1162.07. Budget.

(a) The Director of Government Ethics and the Director of Open Government, with approval by the Board, shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title [§ 1-204.41 et seq.] for the year, annual estimates of the expenditures and appropriations necessary for the operation of their respective offices for the year. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to §§ 1-204.46 and 1-206.03(c), in addition to the Mayor’s recommendations.

(b) Before Fiscal Year 2013, upon the request of any member of the Board, the Mayor shall provide the Board with suitable office space in a publicly owned or leased building for the administration and enforcement of this subchapter. Furnishings, information technology services and equipment, and supplies to this office space shall also be provided upon request.

§ 1–1162.08. Quorum; delegation.

(a) A majority of the sitting members of the Board shall constitute a quorum for the transaction of business.

(b) The Board may delegate to an individual member or to the Director of Government Ethics its power to investigate or hold a hearing.

§ 1–1162.09. Rules.

(a) The Board, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter, including rules for the administration of preliminary investigations, formal investigations, and hearings related to violations of the Code of Conduct or other provisions of this subchapter.

(b)(1) The Board shall submit to the Council for its consideration proposed legislation amending § 1-1161.01(7) to establish a revised Code of Conduct, which shall be explicitly applicable to all employees and public officials serving the District of Columbia, its instrumentalities, subordinate and independent agencies, the Council of the District of Columbia, boards and commissions, and Advisory Neighborhood Commissions, but excluding the courts.

(2) The Board shall issue rules to implement the provisions of a comprehensive Code of Conduct established pursuant to paragraph (1) of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved.

§ 1–1162.10. Ethics Fund.

(a) There is established as a special fund the Ethics Fund ("Fund"), which shall be administered by the Board in accordance with this section.

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

(1) All fines collected under § 1-1162.21 and part E of this subchapter; and

(2) Funds collected pursuant to § 1-350.02(a-5)(1).

(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.

§ 1–1162.10a. Open Government Fund.

(a) There is established as a special fund the Open Government Fund ("Fund"), which shall be administered by the Board in accordance with this section.

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

(1) All fines, costs, and fees collected pursuant to § 2-579; and

(2) Funds collected pursuant to § 1-350.02(a-5)(2).

(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.

Part B. Director of Government Ethics.

§ 1–1162.11. Powers of the Director of Government Ethics.

The Director of Government Ethics, approved by the Board, shall have the power to:

(1) Require any person to submit, within a reasonable period and under oath or otherwise as the Director of Government Ethics may determine, written reports and answers to questions that the Director of Government Ethics may propound relating to the administration and enforcement of this subchapter;

(2) Administer oaths;

(3) Require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Board’s duties; provided, that subpoenas issued under this paragraph shall be issued by the Director of Government Ethics only upon approval of a majority of the Board and served either personally or by certified or registered mail;

(4) Order testimony to be taken by deposition in a proceeding or investigation before any person who is designated by the Director of Government Ethics and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under this section;

(5) Pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia;

(6) Institute or conduct, on the Director of Government Ethics’ own motion, a preliminary investigation into alleged violations of the Code of Conduct or other violations of this subchapter;

(7) Retain, on a temporary basis, consultants, including attorneys or others, on a pro bono basis, as necessary to administer and enforce this subchapter; and

(8) Require any person to submit through an electronic format or medium a report required pursuant to this subchapter.

§ 1–1162.12. Preliminary investigations.

(a) The Director of Government Ethics shall conduct a preliminary investigation of a possible violation of the Code of Conduct or of this subchapter brought to the attention of the Director of Government Ethics or the Board through the following sources:

(1) The media;

(2) A tip received through the hotline; or

(3) Documents filed with the Board.

(b) If during or after the preliminary investigation, the Director of Government Ethics has reason to believe that a violation of the Code of Conduct or of this subchapter may have occurred, the Director of Government Ethics shall present evidence of the violation to the Board. Upon presentation of evidence, the Board may authorize a formal investigation and the issuance of subpoenas if it finds reason to believe a violation has occurred.

(c) A preliminary investigation may be dismissed by the Director of Government Ethics or the Board if insufficient evidence exists to support a reasonable belief that a violation has occurred.

(d) The identity of an individual who is the subject of the preliminary investigation shall not be disclosed without the individual’s consent unless or until the Board has found reason to believe that the individual has committed a violation and the Board finds that disclosure would not harm the investigation.

§ 1–1162.13. Formal investigation.

(a) A formal investigation shall be initiated upon:

(1) Receipt of a written complaint transmitted to the Board;

(2) A finding by the Office of the Inspector General or District of Columbia Auditor of waste, fraud, abuse of government resources, or a violation of the Code of Conduct; or

(3) A finding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or offenses that may constitute violations of the Code of Conduct or of this subchapter.

(b) A written complaint shall include:

(1) The full name and address of the complainant and the respondent;

(2) A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of this subchapter;

(3) The complainant’s signature;

(4) A verification of the complaint under oath; and

(5) Supporting documentation, if any.

(d) An individual making a complaint shall be afforded all available protections from adverse employment action or retaliation in accordance with Chapter 6 of this title and subchapter XII of Chapter 2 of Title 2 [§ 2-223.01 et seq.].

(e) Within 30 business days of the initiation of a formal investigation, the Director of Government Ethics shall cause evidence concerning the complaint to be presented to the Board, with the potential for a 15-business-day extension to be granted by the Board. If the Board decides that there is reasonable belief that a violation has occurred, the Board may authorize the issuance of subpoenas.

§ 1–1162.14. Hearings.

(a)(1) After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director of Government Ethics pursuant to § 1-1162.12(b) or § 1-1162.13(e), the Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. A hearing need not be conducted if a matter is dismissed pursuant to § 1-1162.16(a).

(2) If the Director of Government Ethics fails to present a matter, or advises the Board that insufficient evidence exists to present a matter or that an additional period of time is needed to investigate a matter further, the Board may order the Director of Government Ethics to present the matter as provided in paragraph (1) of this subsection.

(b) Any hearing under this section shall be of record and shall be held in accordance with Chapter 5 of Title 2.

(c) Any witness has a right to refuse to answer a question that might tend to incriminate the witness by claiming his or her Fifth Amendment privilege against self-incrimination.

§ 1–1162.15. Disposition.

(a) Following the presentation of evidence to the Board by the Director of Government Ethics in an adversary proceeding and an open hearing, the Board may take one or more of the following actions:

(1) Levy a penalty in accordance with § 1-1162.21;

(2) Refer the matter to the prosecutorial authority with jurisdiction for enforcement or prosecution; or

(3) Repealed.

(4) Dismiss the action.

(b) The Board may refer information concerning an alleged violation of the Code of Conduct or of this title to the prosecutorial authority with jurisdiction for enforcement or prosecution after the presentation of evidence by the Director of Government Ethics to the Board as provided in § 1-1162.12(b),§ 1-1162.13(e), or § 1-1162.14(a).

§ 1–1162.16. Dismissal of meritless claim, complaint, or request for investigation.

(a) The Board may dismiss, at any stage of the proceedings, any claim, complaint, request for investigation, investigation, or portion of an investigation that the Board finds to be without merit.

(b) The Board may require a person who made or caused to be made a claim, complaint, or request for investigation in bad faith and without merit to pay reasonable fees for time spent reviewing or investigating the claim, complaint, or requests for investigation.

§ 1–1162.17. Appeals.

Appeals of any order or fine made by the Board in accordance with this subchapter shall be made to the Superior Court of the District of Columbia.

§ 1–1162.18. Enforcement of subpoena.

The Superior Court of the District of Columbia may, upon petition by the Board, in case of refusal to obey a subpoena or order of the Board issued under § 1-1162.11(3), issue an order requiring compliance; and any failure to obey the order of the court may be treated by the court as contempt.

§ 1–1162.19. Advisory opinions.

(a) Upon application made by an employee or public official subject to the Code of Conduct, the Director of Government Ethics shall, within a reasonable period of time, provide an advisory opinion as to whether a specific transaction or activity inquired of would constitute a violation of a provision of the Code of Conduct over which the Board has primary jurisdiction.

(a-1)(1) The Director of Government Ethics may issue, on his or her own initiative, an advisory opinion on any general question of law he or she considers of sufficient public importance concerning a provision of the Code of Conduct over which the Board has primary jurisdiction.

(2) Before an advisory opinion is issued under this subsection, the Director of Government Ethics shall publish a notice of the proposed advisory opinion in the District of Columbia Register and provide a public-comment period of at least 30 days, during which a person may submit information or comment on the proposed advisory opinion. An advisory opinion that does not meet the procedural requirements of this paragraph shall be void ab initio.

(b) An advisory opinion shall be published in the District of Columbia Register within 30 days of its issuance; provided, that the identity of a person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without the person’s prior consent in writing.

(c)(1) If an advisory opinion is issued by the Director of Government Ethics to a request for an advisory opinion, the requesting employee or public official may appeal the opinion for consideration by the Board.

(2) If the Director of Government Ethics issues an advisory opinion on his or her own initiative, an employee or public official aggrieved by the opinion may appeal the opinion for consideration by the Board.

(d) There shall be no enforcement of a violation of the Code of Conduct taken against an employee or public official who relied in good faith upon an advisory opinion requested by that employee or public official; provided, that the employee or public official, in seeking the advisory opinion, made full and accurate disclosure of all relevant circumstances and information.

(Apr. 27, 2012, D.C. Law 19-124, § 219, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-75, § 2(a), 61 DCR 36; Oct. 30, 2018, D.C. Law 22-168, § 1083(u), 65 DCR 9388.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-75 deleted “the Ethics Board or” preceding “the Director of Government Ethics” in (a); added (a-1); and rewrote (c), which formerly read, “If issued by the Director of Government Ethics, an advisory opinion may be appealed for consideration by the Ethics Board.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1083(u) 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 § 1083(u) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(a) of the Board of Ethics and Government Accountability Emergency Amendment Act of 2013 (D.C. Act 20-24, March 7, 2013, 60 DCR 3984, 20 DCSTAT 483).

For temporary (90 days) amendment of this section, see § 2(a) of the Board of Ethics and Government Accountability Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-245, December 27, 2013, 61 DCR 135).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of the Board of Ethics and Government Accountability Temporary Amendment Act of 2013 (D.C. Law 20-3, May 18, 2013, 60 DCR 4622, 20 DCSTAT 1266).

§ 1–1162.20. Reports.

(a) The Director of Government Ethics shall produce a quarterly report detailing:

(1) The posture of each complaint it received, including whether an investigation was initiated, is ongoing, or has concluded;

(2) The referrals made to and from the Board;

(3) Fines and penalties imposed by the Board;

(4) Allegations dismissed by the Board;

(5) Other action taken with regard to an allegation of a violation of the Code of Conduct; and

(6) All political contributions, including bundled contributions, reported as required in § 1-1162.30.

(b) The quarterly report shall be posted online.

§ 1–1162.21. Penalties.

(a)(1) In accordance with paragraph (2) of this subsection and except as provided in subsection (b) of this section, the Board may assess a civil penalty for a violation of the Code of Conduct of not more than $5,000 per violation, or 3 times the amount of an unlawful contribution, expenditure, gift, honorarium, or receipt of outside income for each violation. Each occurrence of a violation of this subchapter and each day of noncompliance with a requirement of this subchapter or an order of the Board shall constitute a separate offense.

(2) A civil penalty shall be assessed by the Board by order only after the person charged with a violation has been given an opportunity for a hearing, and after the Board has determined, by a decision incorporating its findings of facts, that a violation occurred.

(3) Notwithstanding the provisions of paragraph (2) of this subsection, the Board may issue a schedule of fines for violations of this subchapter, which may be imposed ministerially by the Director of Government Ethics. A civil penalty imposed under the authority of this paragraph may be appealed to the Board in accordance with the provisions of paragraph (2) of this subsection. The aggregate set of penalties imposed against each person under the authority of this paragraph may not exceed $5,000.

(4)(A) In addition to any civil penalty imposed under this subchapter, a violation of the Code of Conduct may result in the following:

(i) Remedial action in accordance with the Merit Personnel Act;

(ii) A public censure imposed by the Board;

(iii) A non-public, informal admonition imposed by the Director of Government Ethics for low-level violations of the Code of Conduct such as:

(I) A one-time, minor misuse of government property;

(II) A non-habitual time and leave issue that does not have a specific harmful impact;

(III) A non-uniform application of a regulation or policy by a supervisor, where it is not a regular occurrence and was not for an unlawful purpose;

(IV) A relatively minor action based, at least in part, on advice or guidance sought in good faith from another, such as a supervisor, and given in good faith, though erroneous; or

(V) A minor, incidental ethics violation for which the person made amends and rectified the situation;

(iv) A finding of a violation and a period of probation after which a respondent may seek expungement of the violation upon successful completion of any probationary terms imposed by the Director of Government Ethics or the Board; or

(v) Any negotiated disposition of a matter offered by the Director of Government Ethics, and accepted by the respondent, subject to approval by the Board.

(B) A non-public, informal admonition imposed under subparagraph (A)(iii) of this paragraph may be appealed to the Board.

(5)(A) If the person against whom a civil penalty is assessed fails to pay the penalty, the Board may file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be sent by registered or certified mail to the respondent and the respondent’s attorney of record, if any, and the Board shall certify and file with the court the record upon which the order sought to be enforced was issued.

(B) The court shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order and the decision of the Board or it may remand the proceedings to the Board for such further action as it may direct. The court may determine de novo all issues of law, but the Board’s findings of fact, if supported by substantial evidence, shall be conclusive.

(b)(1) Any person who commits a violation of the Code of Conduct that substantially threatens the public trust shall be fined not more than $5,000, or shall be imprisoned for not longer than one year, but not both.

(1A) The fine set forth in paragraph (1) of this subsection shall not be limited by § 22-3571.01.

(2) Prosecutions of violations of this subsection shall be brought by the Attorney General for the District of Columbia.

(3) For the purposes of this subsection and § 1-1162.22(a), violations of the following provisions of the Code of Conduct substantially threaten the public trust:

(A) Section 1-1162.23; and

(B) Section 2-354.16.

(c) The provisions of this subchapter shall in no manner limit the authority of the United States Attorney for the District of Columbia.

(d) All actions of the Board or the Attorney General of the District of Columbia to enforce the provisions of this subchapter must be initiated within 5 years of the discovery of the alleged violation.

(e) Notwithstanding any other provision in this subchapter, all equitable remedies at law shall be available for violations of the Code of Conduct, which may be in addition to any civil penalty prescribed in this subchapter.

(f) The penalties set forth in this section shall not apply to part E of this subchapter.

(Apr. 27, 2012, D.C. Law 19-124, § 221, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-75, § 2(b), 61 DCR 36; July 15, 2014, D.C. Law 20-122, § 2(g), 61 DCR 5688; Oct. 30, 2018, D.C. Law 22-168, § 1083(w), 65 DCR 9388; Dec. 3, 2020, D.C. Law 23-149, § 3092(b), 67 DCR 10493.)

Section References

This section is referenced in § 1-1161.01, § 1-1162.10, § 1-1162.15, § 1-1162.22, § 1-1162.32, and § 1-1163.38.

Effect of Amendments

The 2014 amendment by D.C. Law 20-75 rewrote (a)(4), which previously read, “In addition to any civil penalty imposed under this subchapter, a violation of the Code of Conduct may result in remedial action in accordance with Chapter 6 of this title.”

The 2014 amendment by D.C. Law 20-122 added (a)(5)(C).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1083(w) 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 § 1083(w) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(b) of the Board of Ethics and Government Accountability Emergency Amendment Act of 2013 (D.C. Act 20-24, March 7, 2013, 60 DCR 3984, 20 DCSTAT 483).

For temporary (90 days) amendment of this section, see § 2(b) of the Board of Ethics and Government Accountability Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-245, December 27, 2013, 61 DCR 135, 20 DCSTAT 2639).

For temporary (90 days) amendment of this section, see § 2(g) of the Comprehensive Code of Conduct and BEGA Emergency Amendment Act of 2014, (D.C. Act 20-323, Apr. 28, 2014, 61 DCR 4681).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of the Board of Ethics and Government Accountability Temporary Amendment Act of 2013 (D.C. Law 20-3, May 18, 2013, 60 DCR 4622, 20 DCSTAT 1266).

§ 1–1162.22. Additional penalties for public officials.

(a) In addition to the penalties set forth in § 1-1162.21, the Board may censure a public official for a violation of the Code of Conduct that the Board finds to substantially threaten the public trust.

(b) The Board may recommend in such censure that the Council suspend or remove a Councilmember’s committee chairmanship, if any, committee membership, if any, or vote in any committee.

Part C. Conflicts of Interest.

§ 1–1162.23. Conflicts of interest.

(a) No employee shall use his or her official position or title, or personally and substantially participate, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter, or attempt to influence the outcome of a particular matter, in a manner that the employee knows is likely to have a direct and predictable effect on the employee’s financial interests or the financial interests of a person closely affiliated with the employee.

(b) An employee other than an elected official may seek a waiver, and the prohibition in subsection (a) of this section shall not apply, if the employee:

(1) Advises the employee’s supervisor and the Board of the nature and circumstances of the particular matter;

(2) Makes full disclosure of the financial interest; and

(3) Receives in advance a written determination made by both the supervisor and the Board that:

(A) The interest is not so substantial as to be deemed likely to affect the integrity of the services that the government may expect from the employee; or

(B) Another legally cognizable basis for waiver exists.

(c)(1) Any elected official who, in the discharge of the elected official’s official duties, would be required to act in any matter prohibited under subsection (a) of this section shall make full disclosure of the financial interest, prepare a written statement describing the matter and the nature of the potential conflict of interest, and deliver the statement to:

(A) In the case of a member of the Council, the Council Chairman; or

(B) In the case of an elected official other than a member of the Council, the Board.

(2) Any employee other than an elected official who, in the discharge of the employee’s official duties, would be required to act in any matter prohibited under subsection (a) of this section shall:

(A) Make full disclosure of the financial interest:

(B) Prepare a written statement describing the matter and the nature of the potential conflict of interest; and

(3) During a proceeding in which an elected official would be required to take action in any matter that is prohibited under subsection (a) of this section, the Chairman shall:

(A) Read the statement provided in paragraph (1) of this subsection into the record of proceedings; and

(B) Excuse the elected official from votes, deliberations, and other actions on the matter.

(4) No Councilmember excused from votes, deliberations, or other actions on a matter shall in any way participate in or attempt to influence the outcome of the particular matter, in a manner that is likely to have a direct and predictable effect on the employee’s financial interests or the financial interests of a person closely affiliated with the employee.

(5) Upon receipt of the statement provided in paragraph (2) of this subsection, the employee’s supervisor shall assign the matter to another employee who does not have a potential conflict of interest.

(d)(1) An employee shall not receive any compensation, salary, or contribution to salary, gratuity, or any other thing of value from a source other than the District government for the employee’s performance of official duties.

(2) No employee or member of the employee’s household may knowingly acquire:

(A) Stocks, bonds, commodities, real estate, or other property, whether held individually or jointly, the acquisition of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities; or

(B) An interest in a business or commercial enterprise that is related directly to the employee’s official duties, or which might otherwise be involved in an official action taken or recommended by the employee, or which is related to matters over which the employee could wield any influence, official or otherwise.

§ 1–1162.23a. Pro bono legal representation.

(a) An employee may provide legal representation in proceedings before any District of Columbia court, District of Columbia agency, federal court, or federal agency, if:

(1) The matter does not involve a claim against the District of Columbia;

(2) The District of Columbia or, in a criminal proceeding, the United States, is not a party;

(3) The District of Columbia does not have a direct or substantial interest in the matter;

(4) The employee has not participated personally and substantially in the matter as an employee;

(5) The representation is expressly authorized by the employee's personnel authority, pursuant to the procedures required by subsection (c) of this section;

(6) The representation does not violate federal or District law or any applicable rules of professional conduct; and

(7) The employee is:

(A) Acting in the employee's personal capacity;

(B) Not receiving compensation for the legal representation; and

(b)(1) Notwithstanding subsection (a)(1), (2), (3), and (7)(B) and (C) of this section, an employee may provide legal representation with or without compensation to the employee's parent, spouse, domestic partner, or child, or for any estate for which the employee serves as a guardian, executor, administrator, trustee, or other personal fiduciary.

(2) Notwithstanding subsection (a)(1), (2), (3), and (7)(C) of this section, an employee may provide legal representation without compensation to another District employee who is the subject of a personnel action.

(c) Each personnel authority shall establish procedures by which employees may request approval of a representation under this section, as required by subsection (a)(5) of this section.

(d) For the purposes of this section, the term:

(1) "Compensation" includes anything of value.

(2) "Covered organization" means:

(A) A nonprofit organization located in the District that provides legal services to:

(i) Individuals with limited means at no charge or for a nominal fee; or

(ii) Other nonprofit organizations that serve individuals with limited means or small businesses located in the District of Columbia; or

(B) A law school located in the District conducting experiential clinical courses in which students provide legal services to individuals with limited means or nonprofit organizations that serve individuals with limited means or small businesses.

(3) "District of Columbia" means, unless otherwise apparent from the context, its instrumentalities, subordinate and independent agencies, the Council of the District of Columbia, boards and commissions, Advisory Neighborhood Commissions, and employees acting in their official capacities.

Part D. Financial Disclosures and Honoraria.

§ 1–1162.24. Public reporting.

(a)(1) Public officials, except Advisory Neighborhood Commissioners and candidates for election to public office, who are not otherwise required to file pursuant to this paragraph, shall file with the Board a public report containing a full and complete statement of:

(A) The name of each business entity, including sole proprietorships, partnerships, trusts, nonprofit organizations, and corporations, whether or not transacting any business with the District of Columbia government, in or from which the public official or his or her spouse, domestic partner, or dependent children:

(i) Has a beneficial interest, including, whether held in such person’s own name, in trust, or in the name of a nominee, securities, stocks, stock options, bonds, or trusts, exceeding in the aggregate $1,000, or that produced income of $200;

(ii) Receives honoraria and income earned for services rendered in excess of $200 during a calendar year, as well as the identity of any client for whom the official performed a service in connection with the official’s outside income if the client has a contract with the government of the District of Columbia or the client stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year. The report required by this part shall include a narrative description of the nature of the service performed in connection with the official’s outside income;

(iii) Serves as an officer, director, partner, employee, consultant, contractor, volunteer, or in any other formal capacity or affiliation; or

(iv) Has an agreement or arrangement for a leave of absence, future employment, including date of agreement, or continuation of payment by a former employer;

(B) Any outstanding individual liability in excess of $1,000 for borrowing by the public official or his or her spouse, domestic partner, or dependent children from anyone other than a federal or state insured or regulated financial institution, including any revolving credit and installment accounts from any business enterprise regularly engaged in the business of providing revolving credit or installment accounts, or a member of the person’s immediate family;

(C) All real property located in the District (and its actual location) in which the public official or his or her spouse, domestic partner, or dependent children, has an interest with a fair market value in excess of $1,000, or that produced income of $200; provided, that this provision shall not apply to personal residences occupied by the public official, his or her spouse, or domestic partner;

(D) All professional or occupational licenses issued by the District of Columbia government held by a public official or his or her spouse, domestic partner, or dependent children;

(E) All gifts received year by a public official from a prohibited source in an aggregate value of $100 in a calendar;

(F) An affidavit stating that the public official has not caused title to property to be placed in another person or entity for the purposes of avoiding the disclosure requirements of this subsection; and

(G) A certification that the public official has:

(i) Filed and paid his or her income and property taxes;

(ii) Diligently safeguarded the assets of the taxpayers and the District;

(iii) Reported known illegal activity, including attempted bribes, to the appropriate authorities;

(iv) Not accepted any bribes;

(v) Not directly or indirectly received government funds through illegal or improper means;

(vi) Not raised or received funds in violation of federal or District law; and

(vii) Not received or been given anything of value, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that the public official’s official actions or judgment or vote would be influenced.

(2) The Board may, on a case-by-case basis, exempt a public official from this requirement or some portion of this requirement for good cause shown.

(3)(A) An Advisory Neighborhood Commissioner who is not otherwise required to file a report pursuant to paragraph (1) of this subsection shall file the certification required by paragraph (1)(G) of this subsection for the preceding year.

(B) Effective January 1, 2015, a candidate for election to public office who is not otherwise required to file a report pursuant to paragraph (1) of this subsection shall file the certification required by paragraph (1)(G) of this subsection for the preceding year.

(C) A candidate for election to public office who, as of May 15, 2014, had not filed a report for calendar year 2013 required by this section and who was not otherwise required to file a report pursuant to paragraph (1) of this subsection shall not be required to do so.

(b) Except as otherwise provided by this section, all papers filed under this section shall be kept by the Board in the custody of the Director of Government Ethics for no less than 6 years. The Board shall publicly disclose before the 2nd day of June each year the names of the candidates, officers, and employees who have filed a report. The Director of Government Ethics shall dispose of papers filed pursuant to this section in accordance with Chapter 17 of Title 2.

(c)(1) Except as otherwise provided in this subsection, reports required by this section shall be filed annually no later than 11:59 p.m. on May 15 of each year. If, before 11:59 p.m. on May 15, a public official ceases to hold an office or position, the occupancy of which imposes upon him or her the reporting requirements set forth in subsection (a) of this section, the public official shall file the report required by subsection (a) of this section within 3 months after leaving the office or position.

(2) Reports required by this section for the Chairman and each member of the Council shall be filed semiannually no later than 11:59 p.m. on May 15 and November 15 of each year. If, before 11:59 p.m. on May 15 or November 15, the Chairman or a member of the Council ceases to hold an office, the occupancy of which imposes upon him or her the reporting requirements set forth in subsection (a) of this section, the Chairman or member of the Council shall file the report required by subsection (a) of this section within 3 months after leaving the office.

(c-1) The Board shall publish in the District of Columbia Register no later than 11:59 p.m. on June 15 of each year, or in the case of the Chairman or a member of the Council, no later than 11:59 p.m. on June 15 and December 15 of each year, the name of each public official who has:

(1) Filed a report under this section;

(2) Sought and received an extension of the filing deadline and the reason for the extension; and

(3) Not filed a report and the reason for not filing, if known.

(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 § 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.

(d) Reports required by this section shall be in a form prescribed by the Board. The Board may provide for the grouping of items of income, sources of income, assets, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure of the income, net worth, dealing in securities and commodities, or purchases and sales of rental property of any individual.

(e) All reports filed under this section shall be maintained by the Board as public records.

(f) For the purposes of a report required by this section, a person shall be considered to have been a public official if he or she has served as a public official for more than 30 days during any calendar year in a position for which reports are required under this section.

(g) The Board shall provide for the annual auditing of all reports filed pursuant to this section.

(h) The Mayor shall develop a list of each business entity transacting any business with the District government, or providing a service to the District for consideration, to include the business name, address, principals, and brief summary of the business transacted within the immediately preceding 6 months. The list shall be available online and published on January 1st and July 1st annually.

(i) Each personnel authority shall compile a list of all public officials, as defined by § 1-1161.01(47), within its respective agency or the Council, and shall supply the list to the Board no later than 11:59 p.m. on March 1 of each year. The list required by this subsection shall include the name, title, position, grade level, home address, work e-mail address, and work telephone number for each public official appearing on the list.

(Apr. 27, 2012, D.C. Law 19-124, § 224, 59 DCR 1862; Sept. 20, 2012, D.C. Law 19-168, § 1072(a), 59 DCR 8025; Apr. 27, 2013, D.C. Law 19-286, § 3(b), 60 DCR 2319; Feb. 26, 2015, D.C. Law 20-155, § 1152(a), 61 DCR 9990; Apr. 7, 2017, D.C. Law 21-240, § 2(b), 64 DCR 1598; Oct. 30, 2018, D.C. Law 22-168, § 1083(z), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(d), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 3(a), 68 DCR 001073.)

Section References

This section is referenced in § 1-123, § 1-618.01, § 1-1162.25, § 1-1171.02, and § 38-2973.01.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168, in the introductory language of (c), substituted “May 15th” for “October 2nd” in the first sentence, substituted “May 15th” for “October 1st” in the second sentence, and substituted “June 15th” for “November 2nd” in the third sentence.

The 2013 amendment by D.C. Law 19-286 added “and members of the Washington Metropolitan Area Transit Authority Board of Directors appointed pursuant to § 9-1107.01” in (a)(1).

The 2015 amendment by D.C. Law 20-155 added “and candidates for nomination for election, or election, to public office, who are not otherwise required to file pursuant to this paragraph” and made a related change in the introductory language of (a)(1); substituted “Not accepted” for “Not been offered or accepted” in (a)(1)(G)(iv); and added (a)(3).

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(d) 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 7027 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-240. Therefore the changes made to this section by D.C. Law 21-240 have been implemented.

Applicability of D.C. Law 21-240: § 3 of D.C. Law 21-240 provided that the creation of subsection (c)(2) of this section by § 2(b) of D.C. Law 21-240 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 § 803(a)(1) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 1083(z) 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 § 1083(z) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 3 of D.C. Law 21-240, see § 7027 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-240, see § 7027 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(b) of Council Financial Disclosure Emergency Amendment Act of 2016 (D.C. Act 21-641, Jan. 25, 2017, 64 DCR 931).

For temporary (90 day) amendment of section, see § 1072(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 1074 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1072(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 day) addition of section, see § 1074 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2(a) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2014, (D.C. Act 20-364, June 23, 2014, 61 DCR 6765).

For temporary (90 days) amendment of this section, see § 1152(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1152(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1152(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 803(a)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

Editor's Notes

Section 1074 of D.C. Law 19-168 provided that § 1072(a) and (b) of the act [which amended §§ 1-1162.24(c) and 1-1162.25] shall apply as of January 1, 2013.

§ 1–1162.25. Confidential disclosure of financial interest.

(a)(1) Each employee, other than a public official or a Council employee, who advises, makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land-use planning, inspecting, licensing, policy-making, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest, as determined by the appropriate agency head, shall file a report containing a full and complete statement of the information required by § 1-1162.24 with the appropriate agency head no later than 11:59 p.m. on May 15 of each year.

(2) Each Council employee who acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest, as determined by that employee's personnel authority, shall file a confidential report containing a full and complete statement of the information required by § 1-1162.24 with the General Counsel to the Council no later than 11:59 p.m. on May 15 of each year.

(b) Each personnel authority shall review each confidential financial disclosure statement filed by an employee of its agency or the Council pursuant to subsection (a) of this section no later than 11:59 p.m. on June 1 of each year. Any violation of the Code of Conduct found by the personnel authority shall be forwarded immediately to the Board for review.

(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 § 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.

(c) Each personnel authority shall compile a list of all employees required to submit a confidential financial disclosure statement within its agency or the Council and shall supply the list to the Board by 11:59 p.m. on March 1 of each year. The list required by this subsection shall include the name, title, position, and grade level for each employee.

(d) A confidential financial disclosure statement filed pursuant to this section shall remain confidential, and shall be retained by the personnel authority for at least 6 years.

(e) For the purposes of this section, the Chairman of the Council may delegate all or a portion of his or her personnel authority, described in § 1-604.06(b)(3)(A)(i), to one or more employees of the Council.

(Apr. 27, 2012, D.C. Law 19-124, § 225, 59 DCR 1862; Sept. 20, 2012, D.C. Law 19-168, § 1072(b), 59 DCR 8025; Apr. 27, 2013, D.C. Law 19-286, § 3(c), 60 DCR 2319; Feb. 26, 2015, D.C. Law 20-155, § 1152(b), 61 DCR 9990; Apr. 7, 2017, D.C. Law 21-240, § 2(c), 64 DCR 1598; Oct. 30, 2018, D.C. Law 22-168, § 1083(aa), 65 DCR 9388; Mar. 16, 2021, D.C. Law 23-192, § 3(b), 68 DCR 001073.)

Section References

This section is referenced in § 1-618.01.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 substituted “May 15th” for “October 2nd” in the first sentence of (a); and in (c), substituted “April 15th” for “September 1st” and “May 1st” for “September 15th.”

The 2013 amendment by D.C. Law 19-286 added “and members of the Washington Metropolitan Area Transit Authority Board of Directors appointed pursuant to § 9-1107.01” in (a).

The 2015 amendment by D.C. Law 20-155 substituted “members of the Washington Metropolitan Area Transit Authority Board of Directors” for “Advisory Neighborhood Commissioners and members of the Washington Metropolitan Area Transit Authority Board of Directors” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 803(a)(2) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 803(a)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 803(a)(2) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 1083(aa) 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 § 1083(aa) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(c) of Council Financial Disclosure Emergency Amendment Act of 2016 (D.C. Act 21-641, Jan. 25, 2017, 64 DCR 931).

For temporary (90 day) amendment of section, see § 1072(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 1074 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1072(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 day) addition of section, see § 1074 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2(b) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2014, (D.C. Act 20-364, June 23, 2014, 61 DCR 6765).

For temporary (90 days) amendment of this section, see § 1152(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1152(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1152(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 803(a)(2) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) amendment of this section, see § 2 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Temporary Amendment Act of 2013 (D.C. Law 20-57, December 13, 2013, 60 DCR 15168).

Editor's Notes

Section 1074 of D.C. Law 19-168 provided that § 1072(a) and (b) of the act [which amended §§ 1-1162.24(c) and 1-1162.25] shall apply as of January 1, 2013.

§ 1–1162.26. Limitations on honoraria and royalties.

(a) Except as provided in subsections (b) and (c) of this section, neither the Mayor, the Attorney General, the Chairman of the Council, nor any member of the Council or of the State Board of Education, nor any member of his or her immediate family, shall receive honoraria exceeding $10,000 in the aggregate during any calendar year. For the purposes of this subsection, the term “honorarium” means payment of money or anything of value for an appearance, speech, or article; provided, that a reimbursement for or payment of actual and necessary travel expenses incurred shall not be considered honoraria. For the purposes of computing the $10,000 limit on honoraria established under this subsection, an honorarium shall be considered received in the year in which the right to receive the honorarium accrues.

(b) Except as provided in subsection (c) of this section, neither the Chairman of the Council, the Mayor, the Attorney General, nor any member of the Chairman of the Council’s, the Mayor’s, or the Attorney General’s immediate family shall accept royalties for works of the Chairman of the Council, the Mayor, or the Attorney General that exceed $10,000 in the aggregate during any calendar year. For the purposes of computing the limit on royalties established under this subsection, a royalty shall be considered received during the calendar year in which the right to receive the royalty accrues.

(c) For the purposes of this section, any royalty or part of a royalty, or any honorarium or part of an honorarium paid to a charitable organization by or on behalf of a public official shall not be calculated as part of an aggregate total.

Part E. Lobbyists.

§ 1–1162.27. Persons required to register.

(a) Except as provided in § 1-1162.28, a person shall register with the Director of Government Ethics pursuant to § 1-1162.29 and pay the required registration fee if the person receives compensation or expends funds in an amount of $250 or more in any 3-consecutive-calendar-month period for lobbying. A person who receives compensation from more than one source shall register under this section if the person receives an aggregate amount of $250 or more in any 3-consecutive-calendar-month period for lobbying. Failure to register as required by this section shall result in a civil penalty.

(b)(1) Except as provided in paragraph (2) of this subsection, the registration fee for lobbyists shall be $250.

(2) The registration fee for lobbyists who lobby solely for nonprofit organizations shall be $50. For the purposes of this paragraph, the term "nonprofit organization" means an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. § 501(c)(3)).

(c)(1) There is established as a nonlapsing fund the Lobbyist Administration and Enforcement Fund (“Lobbyist Fund”), which shall be administered by the Board. The funds in the Lobbyist Fund shall be used by the Board solely for the purpose of administering and enforcing this subchapter.

(2) All fees collected under subsection (b) of this section by the Board shall be deposited into the Lobbyist Fund. All funds deposited into the Lobbyist Fund, and any interest earned on those funds, 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, but shall be continually available for the uses and purposes set forth in paragraph (1) of this subsection without regard to fiscal year limitation, subject to authorization by Congress.

§ 1–1162.28. Exceptions.

(a) A person need not register with the Director pursuant to § 1-1162.29 if the person is:

(1) A public official, or an employee of the United States acting in his or her official capacity;

(2) A publisher or working member of the press, radio, or television who, in the ordinary course of business, disseminates news or editorial comment to the general public;

(3) A candidate, member, or member-elect of an Advisory Neighborhood Commission; or

(4) An entity specified in § 47-1802.01(4), whose activities do not consist of lobbying, the result of which shall inure to the financial gain or benefit of the entity.

(b) Any person who is exempt from registration under any provision of this section, except a person exempt from registration under the provisions of subsection (a)(1) of this section, may be a registrant for other purposes under this part; provided, that no activity engaged in by the person shall constitute a conflict of interest under the provisions of § 1-1162.23. Registrants have no obligation to report activities in furtherance of exempt activities under this section in activity reports required under § 1-1162.30.

§ 1–1162.29. Registration form.

(a) Each registrant shall file a registration form with the Director of Government Ethics, signed under oath, on or before January 15th of each year, or no later than 15 days after becoming a lobbyist (and on or before January 15th of each year thereafter). If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. A registrant shall file a separate registration form for each person from whom he or she receives compensation.

(b)(1) The registration shall be on a form prescribed by the Director of Government Ethics and shall include:

(A) The registrant’s name, permanent address, and temporary address while lobbying;

(B) The name and address of each person who will lobby on the registrant’s behalf;

(C) The name, address, and nature of the business of any person who compensates the registrant and the terms of the compensation; and

(D) The identification, by formal designation, if known, of matters on which the registrant expects to lobby.

(2) The Director of Government Ethics shall publish in the District of Columbia Register on or before February 15th and on or before August 15th of each year a summary of all information required to be submitted under this subsection.

(c) No later than 10 days after a registrant files a registration form with the Director of Government Ethics, the Director of Government Ethics shall publish on the Board’s website a summary of all information required to be submitted under this section.

§ 1–1162.30. Activity reports.

(a) Each registrant shall file with the Director of Government Ethics between the 1st and 15th day of January, April, July, and October of each year a report signed under oath concerning the registrant's lobbying activities during the previous quarter. If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. A registrant shall file a separate activity report for each person from whom he or she receives compensation. The reports shall be public documents and shall be on a form prescribed by the Director of Government Ethics and shall include the following:

(1) A complete and current statement of the information required to be supplied pursuant to § 1-1162.29;

(2)(A) Total expenditures on lobbying broken down into the following categories:

(i) Office expenses;

(ii) Advertising and publications;

(iii) Compensation to others;

(iv) Personal sustenance, lodging, and travel, if compensated;

(v) Other expenses;

(B) Each expenditure of $50 or more shall also be itemized by the date, name, and address of the recipient, and the amount and purpose of the expenditure;

(3) Each political expenditure, loan, gift, honorarium, or contribution of $50 or more made by the registrant or anyone acting on behalf of the registrant to benefit an official in the legislative or executive branch, a member of his or her staff or household, or a political committee or political action committee established for the benefit of the official, be itemized by date, beneficiary, amount, and circumstances of the transaction; including the aggregate of all expenditures that are less than $50;

(4) Each official in the executive or legislative branch and any member of the official’s staff, including personal and committee staff, who has a business relationship or a professional services relationship with the registrant shall be identified by name and the nature of the business relationship with the registrant;

(5) The name, position, and agency or office of each official in the executive or legislative branch and member of the official's staff with whom the registrant has had written or oral communications during the reporting period related to lobbying activities conducted by the registrant;

(5A) A precise description of the subject matter, including the title of any bill, proposed resolution, contract, reprogramming, or other legislation, of all written or oral communications related to lobbying activities conducted by the registrant with any official in the executive or legislative branch or member of the official's staff during the reporting period;

(6) Each person whom the registrant has given compensation to lobby on his or her behalf; and

(7) All bundled contributions in accordance with rules promulgated by the Board.

(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 § 7-2304.01, the Board may change the dates by which reports required by subsection (a) of this section shall be filed.

(b) Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the activity reports required to be made pursuant to this section for 5 years from the date of filing of the report containing these items. These materials shall be made available for inspection upon requests by the Director of Government Ethics after reasonable notice.

(c) Each registrant who does not file a report required by this section for a given period is presumed not to be receiving or expending funds that are required to be reported under this part.

(d) The Board shall make the information reported under this section available to the public on its website and sortable by various fields, including by:

(1) Reporting period;

(2) Registrant name;

(3) Name of each person who lobbies on the registrant's behalf;

(4) Name of each official lobbied;

(5) The agency or office of each official lobbied;

(6) The subject of the communications (such as a specific administrative decision, bill, proposed resolution, contract, reprogramming, or other legislative action); and

(7) A listing of each political expenditure, loan, gift, honorarium, or contribution of $50 or more required to be reported by subsection (a)(3) of this section.

§ 1–1162.31. Prohibited activities.

(a) No registrant or anyone acting on behalf of a registrant shall offer, give, or cause to be given a gift or service to an official in the legislative or executive branch or a member of his or her staff that exceeds $100 in value in the aggregate in any calendar year. This section shall not be construed to restrict in any manner contributions authorized in §§ 1-1163.33, 1-1163.34, and 1-1163.38.

(b) No official in the legislative or executive branch or a member of his or her staff shall solicit or accept anything of value in violation of subsection (a) of this section.

(c) No person shall knowingly or willfully make or cause to be made any false or misleading statement or misrepresentation of the facts relating to pending administrative decisions or legislative actions to any official in the legislative or executive branch;

(d) No person shall, knowing a document to contain a false statement relating to pending administrative decisions or legislative actions, cause a copy of the document to be transmitted to an official in the legislative or executive branch without notifying the official in writing of the truth.

(e) No information copied from registration forms and activity reports required by this part or from lists compiled from such forms and reports shall be sold or utilized by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fundraising affair or for any commercial purpose.

(f) No public official shall be employed as a lobbyist while acting as a public official, except as provided in § 1-1162.28.

(g)(1) No lobbyist or registrant or person acting on behalf of the lobbyist or registrant, shall provide legal representation, or other professional services, to an official in the legislative or executive branch, or to a member of his or her staff, at no cost or at a rate that is less than the lobbyist or registrant would routinely bill for the representation or service in the marketplace.

(2) Notwithstanding paragraph (1) of this section, a nonprofit organization that routinely provides legal representation or other services to clients at no cost may provide such representation or services to such client when doing so serves the purposes for which such services are routinely provided.

(h) Registrants shall not bundle contributions to principal campaign committees, exploratory committees, inaugural committees, transition committees, or legal defense committees.

(Apr. 27, 2012, D.C. Law 19-124, § 231, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(c), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(e), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 deleted “and the representation and services are not provided by a lobbyist or registrant” from the end of (g)(2).

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(e) 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 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.

Editor's Notes

§ 1–1162.32. Penalties; prohibition from serving as lobbyist; citizen suits.

(a) Notwithstanding § 1-1162.21 and except as provided in subsection (c) of this section, any person who willfully and knowingly violates any of the provisions of this part shall be fined not more than $5,000, or imprisoned for not more than 12 months, or both.

(b) In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specified in that section may be prohibited from serving as a lobbyist for a period of 3 years from the date of the conviction.

(c) Any person who files a report or registration form required under this part in an untimely manner shall be assessed a civil penalty of $10 per day up to 30 days (excluding Saturdays, Sundays, and holidays) that the report or registration form is late. The Board may waive the penalty imposed under this subsection for good cause shown.

(d) Should any provision of this subchapter not be enforced by the Board, a citizen of the District of Columbia may bring suit in the nature of mandamus in the Superior Court of the District of Columbia, directing the Board to enforce the provisions of this part. Reasonable attorneys fees may be awarded to the citizen against the District should he or she prevail in this action, or if it is settled in substantial conformity with the relief sought in the petition prior to order by the court.

Subchapter III. Campaign Finance.

Part A. Office of Campaign Finance.

§ 1–1163.01. Short title.

This subchapter may be cited as the “Campaign Finance Act of 2011”.

§ 1–1163.02. Campaign Finance Board established; duties; enforcement of subchapter.

(a) There is established the Campaign Finance Board, whose purpose shall be to:

(1) Appoint a Director of Campaign Finance, who shall:

(A) Serve at the pleasure of the Campaign Finance Board; and

(B) Be compensated at the maximum rate for Grade 16 of the District Schedule, pursuant to subchapter XI of Chapter 6 of this title;

(2) Annually review the performance of the Director of Campaign Finance;

(3) Administer and enforce the District's campaign finance laws;

(4) Refer alleged violations for prosecution as provided in this subchapter; and

(5) Issue rules related to the District's campaign finance laws.

(b)(1) Where the Campaign Finance Board, following the presentation by the Director of Campaign Finance of evidence constituting an apparent violation of this subchapter, makes a finding of an apparent violation of this subchapter, it shall refer the case for prosecution as provided for in § 1-1163.35, and shall make public the fact of such referral and the basis for the finding.

(2) The Campaign Finance Board, through its General Counsel:

(A) Shall initiate, maintain, defend, or appeal any civil action (in the name of the Campaign Finance Board) relating to the enforcement of the provisions of this subchapter; and

(B) May petition the courts of the District of Columbia for declaratory or injunctive relief concerning any action covered by the provisions of this subchapter.

(Apr. 27, 2012, D.C. Law 19-124, § 302, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(d), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(f), 66 DCR 985.)

Section References

This section is referenced in § 1-604.06, § 1-1161.01, and § 1-1163.03.

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 substituted “for prosecution as provided for in § 1-1163.35” for “to the United States Attorney for the District of Columbia for prosecution” in (c).

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(f) 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 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.

§ 1–1163.02a. Composition; term; qualifications; removal.

(a)(1) The Campaign Finance Board shall consist of 5 members, no more than 3 of whom shall be of the same political party, appointed by the Mayor with the advice and consent of the Council.

(2) Members shall be appointed to serve for terms of 6 years, except the members first appointed. Of the members first appointed, one member shall be appointed to serve for a 2-year term, 2 members shall be appointed to serve a 4-year term, and 2 members shall be appointed to serve a 6-year term, as designated by the Mayor. The terms of the 5 initial members shall begin on October 1, 2019.

(b) The Mayor shall designate the Chairperson of the Campaign Finance Board.

(c) Unless the unexpired term is less than 6 months, any person appointed to fill a vacancy on the Campaign Finance Board shall be appointed only for the unexpired term of the member whose vacancy he or she is filling.

(d) A member may be reappointed, and, if not reappointed, notwithstanding § 1-523.01(c), the member may serve until the member's successor has been appointed and approved.

(e) When appointing a member of the Campaign Finance Board, the Mayor and Council shall consider whether the individual possesses particular knowledge, training, or experience in campaign finance law or administration.

(f) A person shall not be a member of the Campaign Finance Board unless the person:

(1) Is a duly-registered District voter;

(2) Has resided in the District continuously for the 3-year period preceding the day the person is appointed; and

(3) Holds no other office or employment in the District government.

(g) No person, while a member of the Campaign Finance Board, shall:

(1) Campaign for any public office;

(2) Serve in a leadership capacity or hold any office in a political party or political committee, political action committee, or independent expenditure committee;

(3) Participate in any political campaign in any District election, including by:

(A) Making speeches for or publicly supporting or opposing a District candidate, political party, political committee, political action committee, independent expenditure committee, recall, initiative, or referendum;

(B) Fundraising for or contributing to a District candidate, political party, political committee, political action committee, independent expenditure committee, recall, initiative, or referendum; or

(C) Attending or purchasing a ticket for a dinner or other event sponsored by or supporting or opposing a District candidate, political party, political committee, political action committee, independent expenditure committee, recall, initiative, or referendum;

(4) Be a lobbyist;

(5) Be an officer, director, or employee of an organization receiving District funds who has managerial or discretionary responsibilities with respect to those funds;

(6) Use their status as a member to directly or indirectly attempt to influence any decision of the District government relating to any action that is not within the Board's purview; or

(7) Be convicted of having committed an election- or campaign finance-related felony in the District of Columbia; or if the crime is committed elsewhere, conviction of such offense as would be an election- or campaign finance-related felony in the District of Columbia.

(h) Members of the Campaign Finance Board, including the Chairperson, shall not receive compensation for their service on the Campaign Finance Board.

(i) A member may be removed for good cause, including engaging in any activity prohibited by subsection (f) or (g) of this section.

(j)(1) The Campaign Finance Board shall hold regular monthly meetings in accordance with a schedule to be established by the Campaign Finance Board. Additional meetings may be called as needed.

(2) The Campaign Finance Board shall provide notice of meetings and shall conduct its meetings in compliance with the Open Meetings Act.

(Apr. 27, 2012, D.C. Law 19-124, § 302a; as added Mar. 13, 2019, D.C. Law 22-250, § 6(g), 66 DCR 985; Dec. 3, 2020, D.C. Law 23-149, § 1103(a), 67 DCR 10493.)

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the creation of this section by § 6(g) 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.

§ 1–1163.02b. Board independent agency; facilities; seal.

(a) In the performance of its duties, or in matters of procurement, the Campaign Finance Board shall not be subject to the direction of any nonjudicial officer of the District, except as provided in the Merit Personnel Act.

(b) The District government shall furnish to the Campaign Finance Board such records, information, services, personnel, offices, equipment, and such other assistance and facilities as may be necessary to enable the Campaign Finance Board to properly to perform its functions.

(Apr. 27, 2012, D.C. Law 19-124, § 302b; as added Mar. 13, 2019, D.C. Law 22-250, § 6(g), 66 DCR 985.)

Applicability

§ 1–1163.03. Powers of Director of Campaign Finance.

(a)(1) The Director of Campaign Finance, under regulations approved by the Campaign Finance Board, shall have the power:

(A) To require any person to submit in writing reports and answers to questions as the Director of Campaign Finance may prescribe relating to the administration and enforcement of this subchapter; and the submission shall be made within such reasonable period and under oath, affirmation, or otherwise as the Director of Campaign Finance may determine;

(B) To require any person to submit through an electronic format or medium the reports required in this subchapter;

(D) To require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Campaign Finance Board's duties;

(E) In any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Director of Campaign Finance and has the power to administer oaths and affirmations and, in these instances, to compel testimony and the production of evidence in the same manner as authorized under subparagraph (D) of this paragraph;

(F) To pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia; and

(G) Repealed.

(H) To institute or conduct, on his or her own motion, an informal hearing on alleged violations of the reporting requirements contained in this subchapter. Where the Director of Campaign Finance, in his or her discretion, determines that a violation has occurred, the Director of Campaign Finance may issue an order to the offending party or parties to cease and desist the violations within the 5-day period immediately following the issuance of the order. Should the offending party or parties fail to comply with the order, the Director of Campaign Finance shall present evidence of the failure to the Campaign Finance Board. Following the presentation of evidence to the Campaign Finance Board by the Director of Campaign Finance, in an adversary proceeding and an open hearing, the Campaign Finance Board may refer the matter for prosecution in accordance with the provisions in § 1-1163.02(b) or may dismiss the action.

(2) Subpoenas issued under this section shall be issued by the Director of Campaign Finance upon the approval of the Campaign Finance Board.

(b) The Superior Court of the District of Columbia may, upon petition by the Campaign Finance Board, in case of refusal to obey a subpoena or order of the Campaign Finance Board issued under subsection (a) of this section, issue an order requiring compliance; and any failure to obey the order of the court may be punished by the court as contempt.

(c)(1) All investigations of alleged violations of this subchapter shall be made by the Director of Campaign Finance in his or her discretion, in accordance with procedures of general applicability issued by the Director of Campaign Finance in accordance with the Administrative Procedure Act.

(2) All allegations of violations of this subchapter, which shall be presented to the Campaign Finance Board in writing, shall be transmitted to the Director of Campaign Finance without action by the Campaign Finance Board.

(3) The Director of Campaign Finance shall present evidence concerning the alleged violation to the Campaign Finance Board within a reasonable time, if he or she believes that sufficient evidence exists constituting an apparent violation.

(4) Following the presentation of evidence to the Campaign Finance Board, in an adversary proceeding and an open hearing, the Campaign Finance Board may refer the matter for prosecution in accordance with the provisions of § 1-1163.02(b) or may dismiss the action. In no case may the Campaign Finance Board refer information concerning an alleged violation of this subchapter for prosecution without the presentation of evidence by the Director of Campaign Finance.

(5) Should the Director of Campaign Finance fail to present a matter or advise the Campaign Finance Board that insufficient evidence exists to present a matter or that an additional period of time is needed to investigate the matter further, the Campaign Finance Board may order the Director of Campaign Finance to present the matter within 90 days after its receipt.

(Apr. 27, 2012, D.C. Law 19-124, § 303, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(e), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(h), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79, rewrote (a)(1)(B); substituted “for prosecution” for “to the United States Attorney for the District of Columbia” in (a)(1)(H); and rewrote (c).

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(h) 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 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.

Editor's Notes

§ 1–1163.04. Duties of the 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 persons to make the reports and statements required to be filed with the Director of Campaign Finance pursuant to this subchapter;

(1A) Require that all reports filed with the Director of Campaign Finance pursuant to this subchapter be submitted electronically; provided, that reasonable accommodations shall be made where an actual hardship in complying with this paragraph is demonstrated to the Director of Campaign Finance;

(1B)(A) 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;

(B) For the purposes of searching receipts of contributions and expenditures, "sortable" means able to be downloaded and filtered by street address, city, state, or zip code of the contributor or payee;

(2) Develop a filing, coding, and cross-indexing system consistent 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, 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 paper and electronic copies of reports and statements for a period of at least 10 years from date of receipt;

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

(6) Repealed.

(7)(A) Make any reports prepared under this subchapter available online, including a biennial report summarizing the receipts and expenditures of candidates, political committees, political action committees, and independent expenditure committees, during the prior 2-year period.

(B) The Director of Campaign Finance shall publish the biennial report required in subparagraph (A) of this paragraph by December 31 of each odd-numbered year. The report shall describe the receipts and expenditures of candidates for Mayor, Attorney General, Chairman and members of the Council, 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:

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

(ii) A summary of each candidate's receipts, in dollar amount and percentage terms, by the size of the contribution, including contributions of:

(I) $500 or more;

(II) $250 or more but less than $500;

(III) $100 or more but less than $250; and

(IV) Less than $100;

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

(iv) 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

(v) A summary of the receipts and expenditures of political committees, political action committees, and independent expenditure 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, or, during a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, online, although online materials may be used to supplement the training;

(A-i) Include content on the Fair Elections Program and the requirements of this subchapter pertaining to business contributors, including their affiliated entities, and covered contractors;

(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 and those participants who have not completed the training shall be prominently displayed on the website of the Campaign Finance Board;

(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 Campaign Finance 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; Mar. 13, 2019, D.C. Law 22-250, § 6(i), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 3(d), 68 DCR 001073.)

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

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

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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 803(b)(1) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 803(b)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 803(b)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

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).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 803(b)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

Editor's Notes

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.

§ 1–1163.05. District of Columbia Board of Elections created.

On or after April 27, 2012, the District of Columbia Board of Elections and Ethics established under subchapter I of Chapter 10 of this title 1 [§ 1-1001.01 et seq.]. shall be known as the District of Columbia Board of Elections and shall have the powers, duties, and functions as provided in that subchapter, in any other law in effect on the date immediately preceding April 27, 2012, and in this subchapter. Any reference in any law or regulation to the District of Columbia Board of Elections and Ethics shall, on and after April 27, 2012, be deemed to refer to the District of Columbia Board of Elections.

§ 1–1163.06. Advisory opinions.

(a)(1) On its own initiative, or upon receiving a request from a person listed below and within a reasonable time after its receipt, the Campaign Finance Board shall provide an advisory opinion regarding compliance with this chapter:

(A) A public official;

(B) A political committee, political action committee, or independent expenditure committee;

(D) Any person required to or who reasonably anticipates being required to submit filings to the Campaign Finance Board under this subchapter; or

(E) Any other person under the jurisdiction of the Campaign Finance Board.

(2) The Campaign Finance Board shall publish a concise statement of each request for an advisory opinion, without identifying the person seeking the opinion, in the District of Columbia Register within 20 days after its receipt. Comments upon the requested opinion shall be received by the Campaign Finance Board for a period of at least 15 days following publication. The Campaign Finance Board may waive the advance notice and public comment provisions, following a finding that the issuance of the advisory opinion constitutes an emergency necessary for the immediate preservation of the public peace, health, safety, welfare, or trust.

(b) Advisory opinions shall be published in the District of Columbia Register within 30 days of their issuance; provided, that the identity of any person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without his or her prior consent in writing. When issued according to rules of the Campaign Finance Board, an advisory opinion shall be deemed to be an order of the Campaign Finance Board.

(c) There shall be a rebuttable presumption that a transaction or activity undertaken by a person in reliance on an advisory opinion from the Campaign Finance Board is lawful if:

(1) The person requested the advisory opinion;

(2) The facts on which the opinion is based are full and accurate, to the best knowledge of the person; and

(3) The person, in good faith, substantially complies with any recommendations in the opinion.

(Apr. 27, 2012, D.C. Law 19-124, § 306, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(g), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(j), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 rewrote the first sentence in (a); and added (c).

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(j) 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 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.

Editor's Notes

Part B. Campaign Finance Committees.

§ 1–1163.07. Organization of committees.

Political committees, political action committees, and independent expenditure committees shall be subject to the following requirements:

(1) Each committee shall file with the Director of Campaign Finance a statement of organization within 10 days after its organization. The statement of organization shall include:

(A) The name and address of the committee;

(B) The name, address, [and] employer of the treasurer;

(C) The name, address, and position of other principal officers, including officers and members of the finance committee, if any;

(C-i) The name, address, and position of all directors and officers;

(D) The name and address of the bank or banks designated by the committee as the committee’s depository or depositories, together with the subchapter and number of each account and safety deposit box used by that committee at the depository or depositories, and the identification of each individual authorized to make withdrawals or payments out of each account or box; and

(E) Other information as shall be required by the Director of Campaign Finance.

(2) Any change in information previously submitted in a statement of organization shall be reported to the Director of Campaign Finance within the 10-day period following the change.

(3) Any committee which, after having filed one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director of Campaign Finance.

(4) Every committee shall have a chairperson and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a committee at a time when there is a vacancy in the office of treasurer for the committee and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a committee without the authorization of its chairperson or treasurer, or their designated agents.

(5)(A) For every contribution and expenditure of $50 or more for or on behalf of a committee, a detailed account shall be submitted to the treasurer of a committee on demand, or within 5 days after receipt of the contribution or expenditure, of the amount, the name and address (including the occupation, employer, and the principal place of business, if any) of the contributor or the individual to whom the expenditure was made, if applicable, and the date of the contribution or expenditure. For an expenditure, the account should also include the office sought by the candidate on whose behalf the expenditure was made, if applicable.

(B) The treasurer or candidate shall obtain and preserve receipted bills and records as may be required by the Campaign Finance Board.

(6) All funds of a committee shall be segregated from, and may not be commingled with, any personal funds of officers, directors, members, or associates of the committee.

(Apr. 27, 2012, D.C. Law 19-124, § 307, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(h), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(k), 66 DCR 985.)

Section References

This section is referenced in § 1-1001.16, § 1-1001.17, § 1-1163.08, § 1-1163.10, and § 1-1163.11.

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 substituted “Political committees, political action committees, and independent expenditure committees” for “Political, exploratory, transition, and inaugural committees, which are established pursuant to this part” in the introductory language; added (1)(C-i); substituted “No contribution or expenditure may” for “No contribution and no expenditure shall” in (4); and, in (5)(A), substituted “contribution or expenditure” for “contribution and expenditure” and “accepted or made” for “for or”.

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(k) 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 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.

Editor's Notes

§ 1–1163.08. Designation of campaign depositories; petty cash fund.

(a) Each committee and each candidate accepting contributions or making expenditures, shall designate in the registration statement required under § 1-1163.07 or § 1-1163.12, one or more national banks located in the District of Columbia as the depository or depositories of that committee or candidate. Each committee or candidate shall maintain a checking account or accounts at such depository or depositories and shall deposit any contributions received by the committee or candidate into that account or accounts. No expenditures may be made by a committee or candidate except by check drawn payable to the person to whom the expenditure is being made on that account or accounts, other than petty cash expenditures as provided in subsection (b) of this section.

(b) A committee or candidate may maintain a petty cash fund out of which may be made expenditures not in excess of $50 to any person in connection with a single purchase or transaction. A record of petty cash receipts and disbursements shall be kept in accordance with requirements established by the Campaign Finance Board, and statements and reports of expenditures shall be furnished to the Director of Campaign Finance as it may require.

(Apr. 27, 2012, D.C. Law 19-124, § 308, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(l), 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(l) 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.

§ 1–1163.09. Reporting.

(a) The following individuals shall file with the Director of Campaign Finance, and with the principal campaign committee, if applicable, reports of receipts and expenditures on forms to be prescribed or approved by the Director of Campaign Finance:

(1) The treasurer of each political committee;

(2) The treasurer of each political action committee; and

(3) The treasurer of each independent expenditure committee.

(b) The reports required by subsection (a) of this section shall be filed on the 10th day of March, June, August, October, and December in the 7 months preceding the date on which, and in each year during which, an election is held for the office sought, and 8 days before a special or general election, and also by the 31st day of January each year. In addition, the reports shall be filed on the 31st day of July of each year in which there is no election. The reports shall be complete as of the date prescribed by the Director of Campaign Finance, which shall not be more than 5 days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be filled before the election shall be reported within 24 hours after its receipt.

(b-1)(1) In addition to the reports required by subsection (a) of this section, candidates seeking certification and participating candidates shall submit reports of qualified small-dollar contributions and contributions from non-District resident individuals that include the information required by § 1-1163.32b(b) on the 10th day of the October preceding the date on which an election is held for the office sought and on such other dates as the Director of Campaign Finance shall establish by rulemaking.

(2) The schedule established under paragraph (1) of this subsection shall include, at a minimum, 3 dates within the 60-day period immediately preceding a primary, special, or general election, as applicable to the participating candidate.

(3) Candidates seeking certification may file for certification pursuant to § 1-1163.32c(a)(2) and receive the base amount and initial disbursement of matching payments to which they are eligible pursuant to §§1-1163.32d and 1-1163.32e, respectively, at any time.

(1) The amount of cash on hand at the beginning of the reporting period;

(2) The full name and mailing address, including the occupation, employer, and the principal place of business, if any, of each person who has made one or more contributions to or for a committee or candidate, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, within the calendar year in an aggregate amount or value in excess of $50 or more, together with the amount and date of the contributions;

(2A) For each contribution by a business contributor, any information provided by that business contributor in accordance with § 1-1163.13(b);

(2B) For a report filed by a political action committee that has established a non-contribution account, any receipts that have been allocated to that account;

(3) The total sum of individual contributions made to or for a committee or candidate during the reporting period and not reported under paragraph (2) of this subsection;

(4) Each loan to or from any person within the calendar year in an aggregate amount or values of $50 or more, together with the full names and mailing addresses (including the occupation, employer, and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of the loans; and

(5) The net amount of proceeds from:

(A) The sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by a committee;

(B) Mass collections made at the events; and

(C) Sales by a committee of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;

(6) Each contribution, rebate, refund, or other receipt of $50 or more not otherwise listed under paragraphs (2) through (5) of this subsection;

(7) The total sum of all receipts by or for a committee or candidate during the reporting period;

(8) The full name and mailing address (including the occupation, employer, and the principal place of business, if any) of each person to whom expenditures have been made by a committee or on behalf of a committee or candidate within the calendar year in an aggregate amount or value of $10 or more, the amount, date, and purpose of each expenditure, and the name and address of, and office sought by, each candidate on whose behalf the expenditure was made;

(9) The total sum of expenditures made by a committee or candidate during the calendar year;

(10) The amount and nature of debts and obligations owed by or to the committee, in a form as the Director of Campaign Finance may prescribe, and a continuous reporting of its debts and obligations after the election when the Director of Campaign Finance may require until the debts and obligations are extinguished; and

(11) Other information as may be required by the Director of Campaign Finance.

(d) The reports to be filed under subsections (a) and (b-1) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during the year, only the unchanged amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the committee or candidate shall file a statement to that effect.

(e)(1) A report or statement required by this part shall be verified by the oath or affirmation of the person filing the report or statement.

(2) The oath or affirmation required under this subsection shall be given under penalty of perjury and shall state that the filer has used all reasonable diligence in the preparation of the report or statement and the report or statement is true and complete to the best of the filer's knowledge.

(3) An oath or affirmation by a candidate shall also state that the candidate has used all reasonable diligence to ensure that:

(A) The candidate and the candidate's political committees are in compliance with this part; and

(B) The candidate's political committees have advised their contributors of the obligations imposed on those contributors by this subchapter.

(4) The Campaign Finance Board shall, by published regulations of general applicability, prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. The regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in the regulations shall not be considered until actual payment is made.

(f) Each political committee, political action committee, and independent expenditure committee shall, in a separate schedule of its report to be filed under subsection (a) of this section, disclose the:

(1) Name, address, employer, and occupation of each person reasonably known by the committee to have bundled in excess of $5,000 during the reporting period; and

(2) For each person, the total of the bundling.

§ 1–1163.10. Principal campaign committee.

(a) Each candidate shall designate in writing one political committee as his or her principal campaign committee. The principal campaign committee shall receive all reports made by any other political committee accepting contributions or making expenditures for the purpose of influencing the election of the candidate who designated it as his or her principal campaign committee. The principal campaign committee may require additional reports to be made to it by any political committee and may designate the time and number of all reports. No political committee may be designated as the principal campaign committee of more than one candidate; provided, that a principal campaign committee supporting the election of a candidate as an official of a political party may support the election of more than one candidate but may not support the election of a candidate for any public office.

(b) Each statement (including the statement of organization required under § 1-1163.07) or report that a political committee is required to file with or furnish to the Director of Campaign Finance under the provisions of this part shall also be furnished, if that political committee is not a principal campaign committee, to the principal campaign committee for the candidate on whose behalf that political committee is accepting or making, or intends to accept or make, contributions or expenditures.

(c) The treasurer of each political committee which is a principal campaign committee, and each candidate, shall receive all reports and statements filed with or furnished to it or him or her by other political committees, consolidate, and furnish the reports and statements to the Director of Campaign Finance, together with the reports and statements of the principal campaign committee of which he or she is treasurer or which was designated by him or her, in accordance with the provisions of this part and regulations prescribed by the Campaign Finance Board.

(Apr. 27, 2012, D.C. Law 19-124, § 310, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(n), 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(n) 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.

Emergency Legislation

For temporary (90 day) addition of section, see § 2(a) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Clarification Emergency Amendment Act of 2012 (D.C. Act 19-371, May 16, 2012, 59 DCR 5711).

For temporary (90 day) addition of section, see § 1072(c) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 1072(c) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

§ 1–1163.10a. Fund balance requirements of principal campaign committees.

(a) Except as provided in § 1-1163.32h, within the limitations specified in subchapter I of Chapter 10 of this title, any surplus, residual, or unexpended campaign funds received by or on behalf of a candidate shall be:

(1) Contributed to a political party for political purposes;

(2) Within 12 months after the election, used to retire the proper debts of his or her political committee that received the funds, after which the candidate shall be personally liable for any remaining debts; provided, that:

(A) Personal liability shall not attach until the Director of Campaign Finance is no longer auditing the principal campaign committee; and

(B) Any loans made by a candidate to support his or her campaign may only be repaid up to the amount of $25,000;

(3) Transferred to:

(A) A political committee;

(B) A nonprofit organization within the meaning of section 501(c) of the Internal Revenue Code, operating in good standing in the District for a minimum of one calendar year before the date of any transfer; or

(4) Returned to the donors as follows:

(A) In the case of an individual defeated in an election, within 6 months after the election;

(B) In the case of an individual elected to office, within 6 months after the election; and

(b) No public official elected to office shall fundraise after 6 months after the election to retire the proper debts of the public official's political committee.

(Apr. 27, 2012, D.C. Law 19-124, § 310a; as added Sept. 20, 2012, D.C. Law 19-168, § 1072(c), 59 DCR 8025; May 5, 2018, D.C. Law 22-94, § 2(b)(3), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, § 1002(b), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(o), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(c), 66 DCR 8621.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

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(o) 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 amendment of this section by section 2(b)(3) 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)(3) 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(c) 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(c) 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 § 1002(b) 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(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary addition of section, see § 1072(c) of the Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary addition of section, see § 1072(c) of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

§ 1–1163.11. Specific requirements for statements of organization.

In addition to the statement of organization set forth in § 1-1163.07, each political committee, political action committee, and independent expenditure committee shall also file the following information with the Director of Campaign Finance within 10 days after the political committee's organization:

(1) The names, addresses, and relationships of affiliated organizations;

(2) The area, scope, or jurisdiction of the political committee;

(3) The name, address, office sought, and party affiliation of:

(A) Any candidate whom the committee is supporting; and

(B) Any other individual, if any, whom the committee is supporting for election to any public office whatever; or, if the committee is supporting the entire ticket of any party, the name of the party; or, if the committee is supporting or opposing any initiative or referendum, the summary statement and short title of the initiative or referendum, prepared in accordance with § 1-1001.16; or, if the committee is supporting or opposing any recall measure, the name and office of the public official whose recall is sought or opposed in accordance with § 1-1001.17;

(4) A statement whether the political committee, political action committee, or independent expenditure committee is a continuing one; and

(5) The plan for the disposition of residual funds which will be made in the event of dissolution.

(Apr. 27, 2012, D.C. Law 19-124, § 311, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(j), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(p), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 added “political action committee, and independent expenditure committee” in the introductory language; and deleted “political” preceding “committee” in (2) and (4).

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(p) 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 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.

Editor's Notes

§ 1–1163.12. Registration statement of candidate; depository information.

(a) Each individual shall, within 5 days after becoming a candidate,, file with the Director of Campaign Finance a registration statement in a form prescribed by the Director of Campaign Finance. The registration statement shall indicate whether the individual intends to seek certification as a participating candidate.

(b) In addition, candidates shall provide the Director of Campaign Finance the name and address of the campaign depository or depositories designated by that candidate, together with the title and number of each account and safety deposit box used by that candidate at the depository or depositories, and the identification of each individual authorized to make withdrawals or payments out of the account or box, and other information as shall be required by the Director of Campaign Finance.

(Apr. 27, 2012, D.C. Law 19-124, § 312, 59 DCR 1862; May 5, 2018, D.C. Law 22-94, § 2(b)(4), 65 DCR 2847; Mar. 13, 2019, D.C. Law 22-250, § 6(q), 66 DCR 985.)

Section References

This section is referenced in § 1-1163.08 and § 1-1163.14.

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(q) 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 amendment of this section by section 2(b)(4) 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)(4) 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.

§ 1–1163.12a. Non-contribution accounts.

(a) A political action committee shall not make an independent expenditure unless it establishes a non-contribution account for the purpose of making such independent expenditures.

(b) A political action committee must notify the Campaign Finance Board within 10 days after establishing a non-contribution account.

(1) The non-contribution account remains segregated from any accounts of the political action committee that are used to make contributions to candidates, political committees, political action committees, or political parties;

(2) No contribution to the political action committee is deposited in the non-contribution account unless the contributor has specifically designated the contribution for the purpose of making an independent expenditure;

(3) Contributions by the political action committee are not made from the non-contribution account; and

(4) The non-contribution account pays a proportional share, as determined by the Director of Campaign Finance, of the political action committee's administrative expenses.

(d) If a political action committee has established a non-contribution account, it must, in any reports it files pursuant to § 1-1163.09, identify any receipts that have been allocated to that account.

§ 1–1163.13. Additional identifications and certifications.

(a)(1) Every political action committee and independent expenditure committee shall certify, in each report filed with the Director of Campaign Finance, that the contributions it has received and the expenditures it has made have not been controlled by or coordinated with any public official, political committee affiliated with a public official, or an agent of a public official or political committee affiliated with a public official.

(2) Every independent expenditure committee shall further certify, in each report filed with the Director of Campaign Finance, that it has not made any contributions or transfers of funds to any public official, political committee, or any political action committee.

(b)(1) A business contributor to a political committee, political action committee, or independent expenditure committee shall provide the committee with the identities of the contributor's affiliated entities that have also contributed to the committee.

(2) A business contributor shall comply with all requests from the Director of Campaign Finance to provide information about its individual owners, the identity of affiliated entities, the individual owners of affiliated entities, the contributions or expenditures made by such entities, and any other information the Director of Campaign Finance deems relevant to enforcing the provisions of this chapter.

(3)(A) Any person other than a political committee, political action committee, or independent expenditure committee that makes one or more independent expenditures in an aggregate amount of $1,000 or more within a calendar year shall, in a report filed with the Director of Campaign Finance, identify:

(i) The name and address of the person;

(ii) The name and address of any of the person's affiliated entities that have also made an independent expenditure;

(iii) The amount and purpose of the expenditures;

(iv) The names of any candidates, initiatives, referenda, or recalls in support of or in opposition to which the expenditures are directed; and

(v) A certification that, to the best of the person's knowledge, the independent expenditures were not controlled by or coordinated with any public official, political committee affiliated with a public official, or an agent of any person described in this sub-subparagraph.

(B) If the person under subparagraph (A) of this paragraph is not an individual, any report filed under this paragraph shall also include:

(i) The person's principal place of business;

(ii) The name and address of each person whose total contributions, made for the purpose of making an independent expenditure, to the person reporting during the period covered by the report exceeded $500; and

(iii) The date and amount of each contribution, made for the purpose of making an independent expenditure, by each person whose total contributions to the person reporting during the period covered by the report exceeded $500.

(C) The report shall be filed on the dates which reports by committees are filed, unless the value of the independent expenditure totals $1,000 or more in a 2-week period, in which case the report shall be filed within 14 days after the independent expenditure.

(c) Statements required by this section shall be filed on the dates on which reports by committees are filed, but the content of the filings need not be cumulative.

(d) Every person who files statements with the Director of Campaign Finance has a continuing obligation to provide the Director with correct and up-to-date information.

(Apr. 27, 2012, D.C. Law 19-124, § 313, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(k), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(s), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(e), 66 DCR 8621.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 rewrote this section.

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(s) 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 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.

Emergency Legislation

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

Editor's Notes

§ 1–1163.14. Exemption for total expenses under $500.

Except for the provisions of § 1-1163.12(a), the provisions of this part shall not apply to any candidate who anticipates spending or spends less than $500 in any one election and who has not designated a principal campaign committee. On the 15th day before the date of the election in which the candidate is entered, and on the 30th day after the date of the election, the candidate shall certify to the Director of Campaign Finance that he or she has not spent more than $500 in the election.

§ 1–1163.15. Identification of political advertising.

(a)(1) A candidate, political committee, or political action committee shall identify its political advertising by the words "paid for by", followed by the name and address of the candidate or committee and the name of the committee's treasurer, as applicable.

(2) An independent expenditure committee or person making an independent expenditure shall identify its political advertising by the words "paid for by", followed by the name and address of the independent expenditure committee and the name of the committee's treasurer, or the name and address of the person making the independent expenditure. The political advertising shall also include a written or oral statement of the words "Top Five Contributors", followed by a list of the 5 largest contributors over the amount of $5,000, whose contributions were made for the purpose of making an independent expenditure, to the independent expenditure committee or person making the independent expenditure, if applicable, during the 12-month period before the date of the political advertising.

(b) A political committee, political action committee, independent expenditure committee, or person making an independent expenditure shall include a statement on the face or front page, if printed, or an oral statement, if audiovisual, of all political advertising soliciting contributions the following notice: "A copy of our report is filed with the Director of Campaign Finance."

(c) The identifications required by this section need not be included on items the size of which makes the inclusion of such identifications impractical.

(d) For the purposes of this section, the term "political advertising" includes newspaper and magazine advertising; posters; circulars and mailers; billboards; handbills; bumper stickers; sample ballots; initiative, referendum, or recall petitions; radio or television advertisements; paid telephone calls and text messaging; digital media advertisements; and other printed and digital materials produced by the persons in this subsection and intended to support or oppose:

(1) A candidate or group of candidates; or

(2) Any initiative, referendum, or recall measure.

§ 1–1163.16. Liability of candidates for financial obligations incurred by committees; imputing actions of agents of candidates.

(a) Except as provided in §§ 1-1163.10a(a)(2), 1-1163.24(a)(2), and 1-1163.27(a)(2), no provision of this part shall be construed as creating liability on the part of any candidate for any financial obligation incurred by a committee.

(b) For the purposes of this part, actions of an agent of a candidate shall be imputed to the candidate; provided, that the actions of the agent may not be imputed to the candidate in the presence of a provision of law requiring a willful and knowing violation of this part, unless the agency relationship to engage in the act is shown by clear and convincing evidence.

(Apr. 27, 2012, D.C. Law 19-124, § 316, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(u), 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(u) 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.

§ 1–1163.17. Specific requirements for reports of receipts and expenditures by political committees.

(a) Each report submitted to the Director of Campaign Finance pursuant to the requirements set forth in § 1-1163.09 shall also disclose the name and address of each political committee or candidate from which the reporting committee or the candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers.

(b) In the case of reports filed by a political committee or political action committee on behalf of initiative, referendum, or recall under this section, as applicable, the reports shall be filed on the dates that the Campaign Finance Board may by rule prescribe.

(Apr. 27, 2012, D.C. Law 19-124, § 317, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(v), 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(v) 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.

§ 1–1163.18. Fund balance requirements of exploratory committees.

(a) Any balance in the exploratory committee fund shall be transferred only to an established political committee or nonprofit organization, within the meaning of section 501(c) of the Internal Revenue Code, operating in good standing in the District for a minimum of one calendar year before the date of any transfer.

(b) Exploratory committee fund balances shall not be deemed the personal funds of any individual, including the individual seeking public office.

(Apr. 27, 2012, D.C. Law 19-124, § 318, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(w), 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(w) 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.

§ 1–1163.19. Aggregate and individual contribution limits of exploratory committees.

(a) Exploratory committees shall not receive aggregate contributions in excess of:

(1) $200,000 for a Mayoral exploratory committee;

(1A) $150,000 for an Attorney General exploratory committee;

(2) $150,000 for a Chairman of the Council exploratory committee;

(3) $100,000 for an at-large member of the Council exploratory committee;

(4) $50,000 for a Ward Councilmember or at-large member of the State Board of Education exploratory committee; and

(5) $20,000 for a ward member of the State Board of Education exploratory committee.

(b) No person, including a business contributor, may make contributions in excess of:

(1) $2,000 for a Mayoral exploratory committee;

(1A) $1,500 for an Attorney General exploratory committee;

(2) $1,500 for a Chairman of the Council exploratory committee;

(3) $1,000 for an at-large member of the Council exploratory committee;

(4) $500 for a Ward Councilmember or at-large member of the State Board of Education exploratory committee; and

(5) $200 for a ward member of the State Board of Education exploratory committee.

(Apr. 27, 2012, D.C. Law 19-124, § 319, 59 DCR 1862; Dec. 13, 2013, D.C. Law 20-60, § 302(c), 60 DCR 15487; Feb. 22, 2014, D.C. Law 20-79, § 2(m), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(x), 66 DCR 985.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added (a)(1A) and (b)(1A).

The 2014 amendment by D.C. Law 20-79 substituted “No person, including a business contributor, may make contributions” for “Exploratory committees shall not receive individual contributions” in (b).

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(x) 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 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(c) 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

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.

§ 1–1163.20. Contributions to exploratory committees.

When an individual decides to run for office and becomes a candidate, contributions received during the exploratory period shall apply to the campaign contribution limits for the candidate as provided under § 1-1163.33.

§ 1–1163.21. Duration of an exploratory committee.

The duration of an exploratory committee shall not exceed 18 months for any one office. Once an individual's exploratory committee reaches the maximum duration of 18 months, the candidate shall file a declaration of candidacy and form a principal political campaign committee or terminate the exploratory committee.

(Apr. 27, 2012, D.C. Law 19-124, § 321, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(y), 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(y) 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.

§ 1–1163.22. Contributions to inaugural committees.

No person, including a business contributor, may make any contribution to or for an inaugural committee, and the Mayor or Mayor-elect shall not receive any contribution to or for an inaugural committee from any person, that when aggregated with all other contributions to or for the inaugural committee received from such person, exceeds $4,000 in an aggregate amount; provided, that the $4,000 limitation shall not apply to contributions made by the Mayor or Mayor-elect for the purpose of funding his or her own inaugural committee within the District.

(Apr. 27, 2012, D.C. Law 19-124, § 322, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(n), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(z), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 rewrote this section.

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(z) 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 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.

Editor's Notes

§ 1–1163.23. Fund balance requirements for inaugural committees.

Any balance in the inaugural committee fund shall be transferred only to a nonprofit organization, within the meaning of section 501(c) of the Internal Revenue Code , operating in good standing in the District of Columbia for a minimum of one calendar year before the date of any transfer, or to a constituent-service program pursuant to § 1-1163.38.

§ 1–1163.24. Duration of an inaugural committee.

(a)(1) An inaugural committee shall terminate no later than 6 months after the beginning of the term of the new Mayor.

(2) An inaugural committee may accept contributions necessary to retire the debts of the committee for 6 months after the beginning of the term of the new Mayor, after which the Mayor shall be personally liable for any remaining debts; provided, that personal liability shall not attach until the Director of Campaign Finance is no longer auditing the inaugural committee.

(b) The Mayor shall not fundraise to retire the proper debts of his or her inaugural committee, for which he or she is now personally liable, after 6 months after the beginning of his or her term.

§ 1–1163.25. Fund balance requirements for transition committees.

Any balance in the transition committee fund shall be transferred only to a nonprofit organization within the meaning of section 501(c) of the Internal Revenue Code , operating in good standing in the District for a minimum of one calendar year before the date of any transfer, or to a constituent-service program pursuant to § 1-1163.38.

(Apr. 27, 2012, D.C. Law 19-124, § 325, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(o), 61 DCR 153.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 deleted “of Columbia” following “District”.

Applicability

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.

Editor's Notes

§ 1–1163.26. Contributions to transition committees.

(a) No person, including a business contributor, may make any contribution to or for a transition committee, and the Mayor or Mayor-elect may not receive any contribution to or for a transition committee from any person, that when aggregated with all other contributions to or for the transition committee received from the person, exceed $2,000 in an aggregate amount; provided, that the $2,000 limitation shall not apply to contributions made by the Mayor or Mayor-elect for the purpose of funding his or her own transition committee within the District.

(b) No person, including a business contributor, may make any contribution to or for a transition committee, and the Chairman of the Council or Chairman-elect, or Attorney General or Attorney General-elect, may not receive any contribution to or for a transition committee from any person, that when aggregated with all other contributions to the transition committee received from the person, exceed $1,500 in an aggregate amount; provided, that the $1,500 limitation shall not apply to contributions made by the Chairman of the Council or Chairman-elect, or the Attorney General or Attorney General-elect, for the purpose of funding his or her own transition committee within the District.

(Apr. 27, 2012, D.C. Law 19-124, § 326, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(p), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(bb), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 rewrote this section.

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(bb) 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 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.

Editor's Notes

§ 1–1163.27. Duration of a transition committee; restriction on formation.

(a)(1) A transition committee shall terminate no later than 6 months after the beginning of the term of the new Mayor, Chairman of the Council, or Attorney General.

(2) A transition committee may continue to accept contributions necessary to retire the debts of the committee for 6 months after the beginning of the new term, after which the Mayor, Chairman of the Council, or Attorney General shall be personally liable for any remaining debts of their respective committees; provided, that personal liability shall not attach until the Director of Campaign Finance is no longer auditing the respective transition committee.

(b) The Mayor, Chairman, or Attorney General shall not fundraise to retire the proper debts of his or her respective transition committees, for which he or she is now personally liable, after 6 months after the beginning of his or her new term.

Part C. Legal Defense Funds.

§ 1–1163.28. Legal defense committees — organization.

(a)(1) One legal defense committee and one legal defense checking account shall be established and maintained for the purpose of soliciting, accepting, and spending legal defense funds, which funds may be spent to defray attorney’s fees and other related costs for a public official’s legal defense to one or more civil, criminal, or administrative proceedings arising directly out of the conduct of a campaign, the election process, or the performance of the public official's governmental activities and duties. No committee, fund, entity, or trust may be established to defray professional fees and costs except pursuant to this section.

(2) Attorney’s fees and other related legal costs shall not include, for example, expenses for fundraising, media or political consulting fees, mass mailing or other advertising, or a payment or reimbursement for a fine, penalty, judgment or settlement, or a payment to return or disgorge contributions made to any other committee controlled by the candidate or officer.

(b) Each legal defense committee shall file with the Director of Campaign Finance a statement of organization within 10 days after its organization, which shall include:

(1) The name and address of the legal defense committee;

(2) The name, address, and position of the custodian of books and accounts;

(3) The name, address, and position of other officers;

(4) The beneficiary of the legal defense committee and checking account;

(5) The name and address of the bank designated by the committee as the legal defense committee depository, together with the title and number of the checking account and safety deposit box used by that committee at the depository, and the identification of each individual authorized to make withdrawals or payments out of each such account or box; and

(6) Other information as shall be required by the Director of Campaign Finance.

(c) Any change in information previously submitted in a statement of organization shall be reported to the Director of Campaign Finance within the 10-day period following the change.

(d) Any legal defense committee which, after having filed one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director of Campaign Finance.

(e) Any balance in the legal defense committee fund shall be transferred only to a nonprofit organization, within the meaning of section 501(c) of the Internal Revenue Code, operating in good standing in the District of Columbia for a minimum of one calendar year before the date of any transfer, or to a constituent-service program pursuant to § 1-1163.38.

(Apr. 27, 2012, D.C. Law 19-124, § 328, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(dd), 66 DCR 985.)

Section References

This section is referenced in § 1-1163.30.

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(dd) 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.

§ 1–1163.29. Legal defense committees — contributions and expenditures.

(a) Each legal defense committee shall have a chairperson and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a legal defense committee at a time when there is a vacancy in the office of treasurer for the committee and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a legal defense committee without the authorization of its chairperson or treasurer, or their designated agents.

(b) Every person who receives a contribution of $50 or more for or on behalf of a legal defense committee shall, on demand of the treasurer, and in any event within 5 days after receipt of the contribution, submit to the treasurer of the committee a detailed account thereof, including the amount, the name and address (including the occupation, employer, and the principal place of business, if any) of the person making the contribution, and the date on which the contribution was received. All funds of a legal defense committee shall be segregated from, and may not be commingled with, any personal funds of officers, members, or associates of such committee.

(1) All contributions made to or for the legal defense committee;

(2) The full name and mailing address (including the occupation, employer, and the principal place of business, if any) of every person making a contribution of $50 or more, and the date and amount of the contribution;

(3) All expenditures made by or on behalf of the legal defense committee; and

(4) The full name and mailing address (including the occupation, employer, and the principal place of business, if any) of every person to whom any expenditure is made, the date and amount thereof, and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.

(d) The treasurer or beneficiary shall obtain and preserve such receipted bills and records as may be required by the Campaign Finance Board.

(e)(1) No person shall make any contribution to or for a legal defense committee which, when aggregated with all other contributions to or for the legal defense committee received from the person, exceeds $2,000 in an aggregate amount; provided, that the $2,000 limitation shall not apply to contributions made by a public official for the purpose of funding his or her own legal defense committee within the District of Columbia.

(2) No contributions to a legal defense committee shall be made by a lobbyist or registrant or by an agent of the lobbyist or registrant.

(3) A legal defense committee shall not accept a contribution from a lobbyist or registrant or by an agent of the lobbyist or registrant.

(Apr. 27, 2012, D.C. Law 19-124, § 329, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(ee), 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(ee) 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.

§ 1–1163.30. Designation of legal defense depositories.

Each legal defense committee accepting contributions or making expenditures shall designate in the statement of organization required under § 1-1163.28, one or more banks located in the District of Columbia as the legal defense depository or depositories of that legal defense committee. Each committee shall maintain a checking account or accounts at the depository or depositories and shall deposit any contributions received by the committee into that account or accounts. No expenditures may be made by a committee except by check drawn payable to the person to whom the expenditure is being made on that account.

(Apr. 27, 2012, D.C. Law 19-124, § 330, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(ff), 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(ff) 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.

§ 1–1163.31. Reports of receipts and expenditures by legal defense committees.

(a) The treasurer of each legal defense committee shall file with the Director of Campaign Finance, and with the applicable principal campaign committee, reports of receipts and expenditures on forms to be prescribed or approved by the Director of Campaign Finance. The reports shall be filed within 30 days after the committee’s organization and every 30 days thereafter in each year. The reports shall be complete as of a date as prescribed by the Director of Campaign Finance, which shall not be more than 5 days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be filed before the election shall be reported within 24 hours after its receipt.

(b) Each report under this section shall disclose:

(1) The amount of cash on hand at the beginning of the reporting period;

(2) The full name and mailing address (including including the occupation, employer, and the principal place of business, if any) of each person who has made one or more contributions to or for a committee within the calendar year in an aggregate amount or value in excess of $50 or more, together with the amount and date of the contributions;

(3) The total sum of individual contributions made to or for a committee or candidate during the reporting period and not reported under paragraph (2) of this subsection;

(4) Each loan to or from any person within the calendar year in an aggregate amount or values of $50 or more, together with the full names and mailing addresses (including including the occupation, employer, and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of the loans;

(5) The total sum of all receipts by or for a committee during the reporting period;

(6) The full name and mailing address (including including the occupation, employer, and the principal place of business, if any) of each person to whom expenditures have been made by a committee or on behalf of a committee within the calendar year in an aggregate amount or value of $10 or more;

(7) The total sum of expenditures made by a committee during the calendar year;

(8) The amount and nature of debts and obligations owed by or to the committee, in a form as prescribed by the Director of Campaign Finance; and

(9) Other information as may be required by the Director of Campaign Finance.

(c) The reports to be filed under subsection (a) of this section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the unchanged amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the legal defense committee shall file a statement to that effect.

(Apr. 27, 2012, D.C. Law 19-124, § 331, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(gg), 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(gg) 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.

§ 1–1163.32. Formal requirements for reports and statements.

(a) A report or statement required by this part to be filed by a treasurer of a legal defense committee shall be verified by the oath or affirmation of the person filing the report or statement and by the individual to be benefitted by the committee.

(b) A copy of a report or statement shall be preserved by the person filing and by the individual to be benefitted by the committee for a period to be designated by the Campaign Finance Board by regulation.

(c) The Campaign Finance Board shall, by regulation, prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. The regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in the regulations shall not be considered until actual payment is made.

(e) All actions of the Campaign Finance Board or of the United States Attorney for the District of Columbia to enforce the provisions of this part must be initiated within 5 years of the discovery of the alleged violation of this part.

(Apr. 27, 2012, D.C. Law 19-124, § 332, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(hh), 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(hh) 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.

Part C-i. Fair Elections Program.

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

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

(Apr. 27, 2012, D.C. Law 19-124, § 332a; 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;

(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.

§ 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 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) Has paid any fines or penalties assessed for a violation of this chapter, whether or not those fines or penalties are due or delinquent at the time of filing the affidavit; and

(F) Has responded and will respond to all inquiries of the 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 the participating candidate's 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.

§ 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;

(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:

(A) The first half of the base amount, if the participating candidate has not qualified for the ballot; or

(B) Both halves of the base amount, if the participating candidate has qualified for the ballot.

(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.

§ 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.

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

(1) For candidates for Mayor, 110% of the average expenditures per election cycle of all candidates who were elected Mayor in the prior 4 general elections for Mayor;

(2) For candidates for Chairman of the Council, 110% of the average expenditures per election cycle of all candidates who were elected Chairman of the Council in the prior 4 general elections for Chairman of the Council;

(3) For candidates for Attorney General, 110% of the average expenditures per election cycle of all candidates who were elected Attorney General in all prior general elections for Attorney General, until such time as 4 general elections for Attorney General have been held, after which time, 110% of the average expenditures per election cycle of all candidates who were elected Attorney General in the prior 4 general elections for Attorney General;

(4) For candidates for member of the Council elected at large, 110% of the average expenditures per election cycle of all candidates who were elected member of the Council at large in the prior 2 general elections for member of the Council elected at large;

(5) For candidates for member of the Council elected by ward, 110% of the average expenditures per election cycle of all candidates who were elected member of the Council by ward in the prior 2 general elections for member of the Council elected by ward;

(6) For candidates for member of the State Board of Education elected at large, 110% of the average expenditures per election cycle of all candidates who were elected member of the State Board of Education at large in the prior 2 general elections for member of the State Board of Education elected at large; and

(7) For candidates for member of the State Board of Education elected by ward, 110% of the average expenditures per election cycle of all candidates who were elected member of the State Board of Education by ward in the prior 2 general elections for member of the State Board of Education elected by ward.

(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.

§ 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

(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, including the participating candidate's childcare expenses;

(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 Board establishes through rules issued pursuant to § 1-1163.32l.

§ 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.

§ 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.

§ 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.

(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.

§ 1–1163.32j. Reporting.

(a) The Director of Campaign Finance shall publish on the Campaign Finance Board'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;

(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;

(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) Repealed.

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

Repealed.

§ 1–1163.32l. Rules.

(a) [T]he 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).

Part D. Contribution Limitations.

§ 1–1163.33. Contribution limitations.

(a) No person, including a business contributor, may make any contribution, and no person may receive any contribution from any contributor, that when aggregated with all other contributions received from that contributor relating to a campaign for nomination as a candidate or election to public office, including both the primary and general election or special elections, exceeds:

(1) In the case of a contribution in support of a candidate for Mayor or for the recall of the Mayor, $2,000;

(2) In the case of a contribution in support of a candidate for Attorney General or for the recall of the Attorney General, $1,500;

(3) In the case of a contribution in support of a candidate for Chairman of the Council or for the recall of the Chairman of the Council, $1,500;

(4) In the case of a contribution in support of a candidate for member of the Council elected at-large or for the recall of a member of the Council elected at-large, $1,000;

(5) In the case of a contribution in support of a candidate for member of the State Board of Education elected at-large or for member of the Council elected from a ward or for the recall of a member of the State Board of Education elected at-large or for the recall of a member of the Council elected from a ward, $500;

(6) In the case of a contribution in support of a candidate for member of the State Board of Education elected from an election ward or for the recall of a member of the State Board of Education elected from an election ward or for an official of a political party, $200; and

(7) In the case of a contribution in support of a candidate for a member of an Advisory Neighborhood Commission, $25.

(b) A business contributor shall certify for each contribution that it makes that no affiliated entities have contributed an amount that when aggregated with the business contributor's contribution would exceed the limits imposed by this chapter.

(c)(1) Repealed.

(2) All contributions to a candidate's principal political committee shall be treated as contributions to the candidate and shall be subject to the contribution limitations contained in this section.

(d) Any entity, whether or not considered distinct under Title 29 of the District of Columbia Official Code, may be an affiliated entity for purposes of this chapter.

(e)(1) No political committee or political action committee may receive in any one election, including primary and general elections, any contribution in the form of cash or money order from any one person that in the aggregate exceeds $100.

(2) No person may make any contribution in the form of cash or money order which in the aggregate exceeds $100 in any one election to any one political committee or political action committee, including primary and general elections.

(f)(1) No person may make contributions to any one political committee or political action committee in any one election that in the aggregate exceed $5,000.

(2) Contributions to a political action committee that are designated for a non-contribution account shall not be subject to the contribution limitations of this subsection.

(f-1) Limitations on contributions under this section shall apply to political action committees during nonelection years.

(g) No contributor may make a contribution or cause a contribution to be made in the name of another person, and no person may knowingly accept a contribution made by one person in the name of another person.

(h) An independent expenditure is not considered a contribution to or an expenditure by or on behalf of the candidate for the purposes of the limitations specified in this section.

(h-1) The contribution limitations in this section shall not apply to independent expenditure committees.

(i) All contributions made by a person directly or indirectly to or for the benefit of a particular candidate or that candidate's political committee that are in any way earmarked, encumbered, or otherwise directed through an intermediary or conduit to that candidate or political committee shall be treated as contributions from that person to that candidate or political committee and shall be subject to the limitations established by this chapter.

(j)(1) No candidate or member of the immediate family of a candidate may make a loan or advance from his or her personal funds for use in connection with a campaign of that candidate for nomination for election, or for election, to a public office unless a written instrument fully discloses the terms, conditions, and parts to the loan or advance. The amount of any loan or advance shall be included in computing and applying the limitations contained in this section only to the extent of the balance of the loan or advance that is unpaid at the time of determination.

(2) For the purposes of this subsection, the term “immediate family” means the candidate's spouse, domestic partner, parent, brother, sister, or child, and the spouse or domestic partner of a candidate's parent, brother, sister, or child.

(k) No contributions made to support or oppose initiative or referendum measures shall be affected by the provisions of this section.

(l) The provisions of subsections (a), (b), (d), (e)(2), (j)(2), and (m) of this section shall not apply to the Fair Elections Program established by § 1-1163.32a.

(m) A candidate may make expenditures to reimburse the candidate for the candidate's childcare expenses incurred for campaign purposes.

§ 1–1163.34. Partnership contributions.

(a) A contribution by a partnership shall be attributed to each partner:

(1) In direct proportion to his or her share of the partnership profits, according to instructions that shall be provided by the partnership to the political committee, political action committee, or candidate; or

(2) By agreement of the partners, as long as:

(A) Only the profits of the partners to whom the contribution is attributed are reduced (or losses increased); and

(B) These partners’ profits are reduced (or losses increased) in proportion to the contribution attributed to each of them.

(b) A contribution by a partnership shall not exceed the limitations on contributions pursuant to this part. No portion of such contribution may be made from the profits of a corporation that is a partner.

(Apr. 27, 2012, D.C. Law 19-124, § 334, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(r), 61 DCR 153.)

Section References

This section is referenced in § 1-1162.31.

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 added “political action committee” in (a)(1).

Applicability

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.

Editor's Notes

§ 1–1163.34a. Covered contractor contributions.

(a) No agency or instrumentality of the District government, including an independent agency, shall enter into or approve a contract with a covered contractor if the covered contractor has contributed to a prohibited recipient during the prohibited period.

(b) No covered contractor shall contribute to a prohibited recipient during the prohibited period. This prohibition shall not include a contribution by a covered contractor who is also a prohibited recipient to finance his or her own election.

(1) Each contracting authority shall:

(A) Require that covered contractors report their principals to the contracting authority;

(B) Maintain a publicly-available list on its website of all covered contractors, including their principals, for the contracts of that contracting authority;

(i) The prohibited recipients or, if the value of the contract is estimated, the likely prohibited recipients for the contract based on its estimated value; and

(ii) Any other relevant provisions of this chapter;

(D) With the Director of Campaign Finance, identify, for each covered contractor, whether the covered contractor has contributed to a prohibited recipient during the prohibited period;

(E) Enforce the provisions of subsection (e)(1) of this section against covered contractors who have violated this section and provide their names to the Campaign Finance Board for the purposes of subsection (e)(2) of this subsection; and

(F) For contracting authorities other than the Office of Contracting and Procurement, notify the Office of Contracting and Procurement of any enforcement actions taken pursuant to subsection (e)(1) of this section; and

(2) The Director of Campaign Finance shall:

(A) Check the publicly-available lists of covered contractors maintained pursuant to paragraph (1)(B) of this subsection against the reports of receipts and expenditures submitted to the Director of Campaign Finance pursuant to § 1-1163.09 to identify any unlawful contributions, and then notify the covered contractor, the prohibited recipient who accepted the contribution, and the relevant contracting authority in order to allow the covered contractor and the prohibited recipient to cure the violation; and

(B) Notify prohibited recipients and campaign treasurers of the relevant provisions of the Campaign Finance Reform Amendment Act of 2018.

(d) The Director of Campaign Finance shall make available any necessary information to the contracting authorities and the Office of the Chief Financial Officer to facilitate compliance with this section.

(e)(1) A covered contractor that violates this section may be considered to have breached the terms of any existing contract with the District. At the discretion of the relevant contracting authority, any existing contract of the covered contractor may be terminated. The covered contractor may also be disqualified from eligibility for future District contracts, including the extension or modification of any existing contract, for a period of 4 calendar years after the date of determination that a violation of this section has occurred.

(2) The names of any prohibited recipients or covered contractors found to be in violation of this section shall be prominently displayed on the webpage of the Campaign Finance Board.

(f) Within 180 days after March 13, 2019, the Office of Contracting and Procurement, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

(Apr. 27, 2012, D.C. Law 19-124, § 334a; as added Mar. 13, 2019, D.C. Law 22-250, § 6(pp), 66 DCR 985.)

Applicability

Section 2 of D.C. Law 24-328 provided that this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 25-33 provided that this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 24-676 provided that this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 10(b) of D.C. Law 22-250 required that this section, created by D.C. Law 22-250, (1) Apply as of November 4, 2020; and (2) Not apply to contracts, as defined in D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 4, 2020.

Editor's Notes

Section 7183 of D.C. Law 24-45 provided that this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 7183 of D.C. Act 24-159 provided that this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Part E. Prohibited Activities and Enforcement.

§ 1–1163.35. Penalties.

(a)(1) Except for violations subject to civil penalties identified under paragraph (2) of this subsection, any person who violates any provision of Parts A through E of of this subchapter may be assessed a civil penalty for each violation of not more than $2,000, or 3 times the amount of an unlawful contribution, expenditure, gift, honorarium, or receipt of outside income, whichever is greater, by the Campaign Finance Board pursuant to paragraph (3) of this subsection. For the purposes of this section, each occurrence of a violation of Parts A through E of this subchapter, and each day of noncompliance with a disclosure requirement of Parts A through E of this subchapter or an order of the Campaign Finance Board, shall constitute a separate offense.

(2)(A) A candidate or other person charged with the responsibility under this subchapter for the filing of any reports or other documents required to be filed pursuant to this subchapter who fails, neglects, or omits to file any such report or document at the time and in the manner prescribed by law, or who omits or incorrectly states any of the information required by law to be included in such report or document, in addition to any other penalty provided by law, may be assessed a civil penalty of not more than $4,000 for the first offense and not more than $10,000 for the second and each subsequent offense.

(B) A political committee, political action committee, or independent expenditure committee that violates Part B of this subchapter shall be subject to a civil penalty not to exceed $4,000 for the first offense, and not more than $10,000 for the second and each subsequent offense.

(C) A person who makes a contribution, gift, or expenditure in violation of Parts A through E of this subchapter may be assessed a civil penalty by the Campaign Finance Board not to exceed $4,000, or 3 times the amount of the unlawful contribution, gift, or expenditure, whichever amount is greater.

(D) A person who aids, abets, or participates in the violation of any provision of this subchapter shall be subject to a civil penalty not to exceed $1,000.

(3) A civil penalty shall be assessed by the Campaign Finance Board by order. An order assessing a civil penalty may be issued only after the person charged with a violation has been given an opportunity for a hearing and the Campaign Finance Board has determined, by a decision incorporating its findings of facts, that a violation did occur, and the amount of the penalty. Any hearing under this section shall be on the record and shall be held in accordance with the Chapter 5 of Title 2 [§ 2-501 et seq.].

(4) Notwithstanding the provisions of paragraph (3) of this subsection, the Campaign Finance Board may issue a schedule of fines that may be imposed administratively by the Director of Campaign Finance for violations of Parts A through E of this subchapter. A civil penalty imposed under the authority of this paragraph may be reviewed by the Campaign Finance Board in accordance with the provisions of paragraph (3) of this subsection. The aggregate amount of penalties imposed under the authority of this paragraph may not exceed $4,000.

(5) If a person against whom a civil penalty is assessed fails to pay the penalty, the Campaign Finance Board shall file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be sent by registered or certified mail to the respondent and the respondent's attorney of record, and if the respondent is a political committee, political action committee, or independent expenditure committee, to the chairperson of the committee, and the Campaign Finance Board shall certify and file in court the record upon which the order sought to be enforced was issued. The court shall have jurisdiction to enter a judgment enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order and the decision of the Campaign Finance Board or it may remand the proceedings to the Campaign Finance Board for further action as it may direct. The court may determine de novo all issues of law, but the Election Board's findings of fact, if supported by substantial evidence, shall be conclusive.

(b) Except as provided in subsection (c) of this section, any person who violates any of the provisions of Parts A through E of this subchapter shall be subject to criminal prosecution and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned for not longer than 6 months, but not both.

(c) Any person who knowingly violates any of the provisions of Parts A through E of this subchapter shall be subject to criminal prosecution and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned for not longer than 5 years, or both.

(d) Prosecutions pursuant to subsection (b) may be brought by the United States Attorney for the District of Columbia, in the name of the United States, or by the Attorney General for the District of Columbia, in the name of the District of Columbia. If the Attorney General for the District of Columbia initiates an investigation for the purpose of prosecution pursuant to subsection (b) of this section, he or she shall promptly notify the United States Attorney for the District of Columbia. Prosecutions pursuant to subsection (c) of this section shall be brought by the United States Attorney for the District of Columbia in the name of the United States.

(e) All actions of the Campaign Finance Board, the United States Attorney for the District of Columbia, or the Attorney General for the District of Columbia to enforce the provisions of Parts A, B, D, and E of this subchapter shall be initiated within 6 years of the actual occurrence of the alleged violation.

(Apr. 27, 2012, D.C. Law 19-124, § 335, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(s), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(qq), 66 DCR 985.)

Section References

This section is referenced in § 1-1001.02 and § 1-1163.37.

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 rewrote this section.

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(qq) 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 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.

Editor's Notes

§ 1–1163.36. Prohibition on the use of District government resources for campaign-related activities.

(a) Except as provided in [part C-i of this subchapter], no resources of the District of Columbia government, including the expenditure of funds, the personal services of employees during their hours of work, and nonpersonal services, including supplies, materials, equipment, office space, facilities, and telephones and other utilities, shall be used to support or oppose any candidate for public office, whether partisan or nonpartisan, or to support or oppose any initiative, referendum, or recall measure, including a charter amendment referendum conducted in accordance with § 1-203.03.

(b)(1) This section shall not prohibit the Chairman and members of the Council, the Mayor, the Attorney General, or the President and members of the State Board of Education from expressing their views on a District of Columbia election as part of their official duties.

(2) This subsection shall not be construed to authorize any member of the staff of the Chairman and members of the Council, the Mayor, the Attorney General, or the President and members of the State Board of Education, or any other employee of the executive or legislative branch to engage in any activity to support or oppose any candidate for public office, whether partisan or nonpartisan, an initiative, referendum, or recall measure during their hours of work, or the use of any nonpersonal services, including supplies, materials, equipment, office space, facilities, telephones and other utilities, to support or oppose an initiative, referendum, or recall matter.

(Apr. 27, 2012, D.C. Law 19-124, § 336, 59 DCR 1862; Dec. 13, 2013, D.C. Law 20-60, § 302(e), 60 DCR 15487; May 5, 2018, D.C. Law 22-94, § 2(b)(7), 65 DCR 2847; Mar. 13, 2019, D.C. Law 22-250, § 6(rr), 66 DCR 985.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 substituted “the Chairman and members of the Council, the Mayor, the Attorney General” for “the Mayor, the Chairman and members of the Council” in (b)(1); and substituted “the Mayor, the Chairman and members of the Council” for “the Chairman and members of the Council, the Mayor, the Attorney General in (b)(2).

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(rr) 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(e) 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

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.

§ 1–1163.37. Document under oath.

(a) Notwithstanding any other provisions of this subchapter, neither the Campaign Finance Board, the Director of Campaign Finance, or any of the Director's officers or employees, may require that a document be sworn under oath or affirmed unless the Campaign Finance Board and Director of Campaign Finance maintain at the place of receipt of such documents and during regular business days and hours, a notary public to administer such oaths or affirmations.

(b) If no such notary public is available, persons wishing to file documents for which an oath or affirmation is requested may, in lieu thereof, affirm by their signature that their statements are true under penalty of § 1-1163.35.

(Apr. 27, 2012, D.C. Law 19-124, § 337, 59 DCR 1862; Mar. 13, 2019, D.C. Law 22-250, § 6(ss), 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(ss) 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.

Part F. Constituent Services.

§ 1–1163.38. Constituent services.

(a) The Mayor, the Chairman of the Council, and each member of the Council may establish constituent-service programs within the District. The Mayor, the Chairman of the Council, and each member of the Council may finance the operation of these programs with contributions from persons; provided, that contributions received by the Mayor, the Chairman of the Council, and each member of the Council do not exceed an aggregate amount of $40,000 in any one calendar year. The Mayor, the Chairman of the Council, and each member of the Council may expend a maximum of $60,000 in any one calendar year for constituent service programs. No person shall make any contribution which, and neither the Mayor, the Chairman of the Council, nor any member of the Council shall receive any contribution from any person which, when aggregated with all other contributions received from such person, exceed $500 per calendar year; provided, that such $500 limitation shall not apply to contributions made by the Mayor, the Chairman of the Council, or any member of the Council for the purpose of funding his or her own constituent-service program. The Mayor, the Chairman of the Council, and each member of the Council shall file a quarterly report of all contributions received and monies expended in accordance with this subsection with the Director of Campaign Finance.

(b)(1) Funds raised pursuant to this section shall be expended only for an activity, service, or program which provides emergency, informational, charitable, scientific, educational, medical, or recreational services to the residents of the District of Columbia and which expenditure accrues to the primary benefit of residents of the District of Columbia.

(2) Allowable expenditures include:

(A) Funeral arrangements;

(B) Emergency housing and other necessities of life;

(D) Food and refreshments or an in-kind equivalent on infrequent occasions;

(E) Community events sponsored by the constituent-service program or an entity other than the District government; and

(F) Community-wide events.

(3) Disallowable expenditures include:

(A) Promoting or opposing, as a primary purpose, a political party, committee, candidate, or issue;

(B) Fines and penalties inuring to the District;

(E) Sponsorships for political organizations; and

(F) Any mass mailing within the 90-day period immediately preceding a primary, special, or general election by a member of the Council, or the Mayor, who is a candidate for office.

(c) Upon the request of any member of the Council, the Mayor shall provide the member with suitable office space in a publicly owned building for the operation of a constituent-service program office located in the ward represented by the member. Each at-large member of the Council shall be offered constituent-service office space located in a ward of the member’s choice. Members shall be provided with space of approximately equivalent square footage, and in similar proximity to commercial corridors and public transportation, where practicable. The space provided shall also be easily accessible by persons with disabilities or persons who are elderly. Any space provided shall not be counted as an in-kind contribution. Furnishings, equipment, telephone service, and supplies to this office space shall be provided from funds other than appropriated funds of the District government.

(d) Every constituent-service program shall have a chairperson and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a constituent-service program at a time when there is a vacancy in the office of its treasurer and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a constituent-service program without the authorization of its chairperson or treasurer or their designated agents.

(e) Contributions of personal property from persons to the Mayor or to any members of the Council or contributions of the use of personal property shall be valued, for purposes of this section, at the fair market value of the property, not to exceed $1,000 per calendar year at the time of the contribution. Contributions made or received pursuant to this section shall not be applied against the limitation on political contributions established by § 1-1163.33.

(f) All contributions and expenditures made by persons to the Mayor, Chairman of the Council, and each member of the Council as provided by subsection (a) of this section, and all expenditures made by the Mayor, Chairman of the Council, and each member of the Council as provided by subsection (a) of this section, shall be reported to the Director of Campaign Finance quarterly on forms that the Director of Campaign Finance shall prescribe. The forms must prescribe itemized reporting of expenditures. All of the record-keeping requirements of this subchapter shall apply to contributions and expenditures made under this section. At the time of termination, any excess funds shall either be used to retire the debts of the program or donated to an nonprofit organization, within the meaning of the Internal Revenue Code, and operating in good standing in the District of Columbia for a minimum of one calendar year prior to the date of donation.

(g) Activities authorized by this section may be carried on at any location in the District; provided, that employees do not engage in constituent-service fundraising activities while on duty.

(h) Violations of this part shall be subject to the penalties set forth in § 1-1163.35.

(Apr. 27, 2012, D.C. Law 19-124, § 338, 59 DCR 1862; Oct. 8, 2016, D.C. Law 21-160, § 1142, 63 DCR 10775; Mar. 13, 2019, D.C. Law 22-250, § 6(tt), 66 DCR 985.)

Section References

This section is referenced in § 1-1161.01, § 1-1162.31, § 1-1163.23, § 1-1163.25, § 1-1163.28, § 2-706, § 3-1323, and § 47-2808.

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(tt) 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.

Subchapter IV. Transition Provisions; Applicability.

§ 1–1164.01. Transition provisions; applicability.

(a) Subchapter II, parts A and B, of this chapter shall apply as of April 27, 2012, except that neither the Board or the Director of Government Ethics shall receive, investigate, or adjudicate violations of the Code of Conduct, or issue advisory opinions, conduct ethics training, or issue ethics manuals until October 1, 2012.

(b) Subchapter II, part C, of this chapter shall apply as of April 27, 2012, except that the delivery of statements required by § 1-1162.23(c)(2)(C) shall be delivered to the Elections Board until October 1, 2012. The Elections Board shall enforce subchapter II, part C, of this chapter until October 1, 2012, after which pending matters shall be transferred to the Board for enforcement.

(c) Subchapter II, part D, of this chapter shall apply as of October 1, 2012, except that the Office of Campaign Finance shall administer and enforce the subchapter, including receiving and reviewing the necessary disclosures, until January 1, 2013.

(d) Subchapter II, part E, of this chapter shall apply as of April 27, 2012, except that the enforcement of the provisions of part E shall be enforced by the Office of Campaign Finance until October 1, 2012.

(e) Subchapter III, parts A and B, of this chapter shall apply as of April 27, 2012.

(f) Subchapter III, part C, of this chapter shall apply as of October 1, 2012.

(g) Subchapter III, part D, of this chapter shall apply as of April 27, 2012.

(h) Subchapter III, part E, of this chapter shall apply as of April 27, 2012.

(i) Subchapter III, part F, of this chapter shall apply as of April 27, 2012.

(j) Reserved.

(k) Reserved.

(l) This subchapter shall apply as of April 27, 2012.

(m) Repealed.

(Apr. 27, 2012, D.C. Law 19-124, § 601, 59 DCR 1862; Sept. 20, 2012, D.C. Law 19-168, § 1072(d), 59 DCR 8025; Oct. 22, 2015, D.C. Law 21-36, § 7010, 62 DCR 10905; Oct. 30, 2018, D.C. Law 22-168, § 1083(ff), 65 DCR 9388.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added the second sentence in (b); and added “except that the Office of Campaign Finance shall administer and enforce the subchapter, including receiving and reviewing the necessary disclosures, until January 1, 2013” in (c).

The 2015 amendment by D.C. Law 21-36 repealed (m).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Clarification Emergency Amendment Act of 2012 (D.C. Act 19-371, May 16, 2012, 59 DCR 5711).

For temporary (90 day) addition of section, see § 3 of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Clarification Emergency Amendment Act of 2012 (D.C. Act 19-371, May 16, 2012, 59 DCR 5711).

For temporary (90 day) amendment of section, see § 1072(d) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1072(d) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (225 days) addition of D.C. Law 20-155, § 7010e, see § 2(j) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

For temporary (90 days) amendment of this section, see § 7010e of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of D.C. Law 20-155, § 7010e, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) amendment of this section, see § 7010e of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) addition of D.C. Law 20-155, § 7010e, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(m) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).