D.C. Code § 1-1163.32h(Perm): Remitting funds and donating equipment.

*NOTE: This codification is not the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevant) click this link: Current Version*

(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)

(A)

If a participating candidate's certification is revoked pursuant to § 1-1163.32c(c)(2), (3), or (4) or, due to fraudulent activities, § 1-1163.32c(c)(5), the participating candidate shall be personally liable for any expended base amount or matching payments.

(B)

Upon the application of a participating candidate, the Campaign Finance Board may reduce in whole or in part the participating candidate's personal liability under subparagraph (A) of this paragraph; provided, that the participating candidate terminated his or her candidacy for good cause not within the candidate's control, such as health reasons, and not due to the candidate's low standing in polls, limited success in raising funds for his or her candidacy, or low expectations of electoral success or similar electoral reasons, or for political reasons, which shall not be considered good cause.

(C)

A candidate applying for relief under subparagraph (B) of this paragraph shall provide sufficient documentation in support of the candidate's claim including medical records, financial statements, and any other documentation required by the Office of Campaign Finance.

(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.