D.C. Mun. Regs. r. 3-4208

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 3-4208 - MATCHING PAYMENTS FOR QUALIFIED SMALL-DOLLAR CONTRIBUTIONS

4208.1

Qualified small-dollar contributions received in an election cycle from individual District residents before a candidate is certified as a participating candidate under § 4206.2 shall not be matched until the candidate is certified.

4208.2

After the candidate is certified as a participating candidate, the candidate shall receive matching payments from the Fair Elections Fund for the qualified smalldollar contributions from individual District residents that the candidate received in that election cycle before certification and after certification, in an amount equal to five hundred percent (500%) of the amount of the qualified small-dollar contributions, subject to § 4208.4 of this chapter.

4208.3

Contributions from a non-District resident individual shall not be matched.

4208.4

The maximum amount participating candidates may receive in matching payments, shall be:

(a) For candidates for Mayor and Council Chairman, one hundred ten percent (110%) of the average expenditures per election cycle of all candidates who were elected Mayor and Council Chairman, in the prior four (4) general election cycles for Mayor and Council Chairman;

(b) 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 four (4) election cycles have been held, after which time, 110% of the average expenditures per election cycle of candidates who were elected Attorney General, in the prior four (4) general election cycles for Attorney General;

(c) For candidates for At-Large or Ward Councilmember, 110% of the average expenditures per election cycle of all candidates who were elected for At-Large or Ward Councilmember, in the prior two (2) general election cycles, for At-Large or Ward Councilmember; and

(d) For candidates for At-Large or Ward member of the State Board of Education, 110% of the average expenditures per election cycle of all candidates who were elected for At-Large or Ward member of the State Board of Education, in the prior two (2) general election cycles for At-Large or Ward member of the State Board of Education.

4208.5

Contributions received after the participating candidate has reached the aggregate qualified small-dollar contribution limit for a seat for a covered office under § 4205.1 shall not be matched.

4208.6

The Director of Campaign Finance shall determine the maximum amount participating candidates may receive in matching payments for qualified small-dollar contributions from individual District residents after commencement of the qualifying period in an election cycle.

4208.7

Payments shall be made no later than five (5) business days after receipt of the participating candidate's R&E Report filed with the OCF in accordance with § 4212 and § 4213. 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 five (5) business days after receiving direction to do so from the Director.

4208.8

The Director shall notify a participating candidate in writing within five (5) business days where it is determined public funds paid to the candidate were in excess of the aggregate amount for which the candidate qualified, and such candidate shall repay to the Director an amount equal to the amount of the excess payments within thirty (30) calendar days of the notice.

4208.9

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

4208.10

A participating candidate may petition the Board in writing for reconsideration of the denial of any payment.

4208.11

The petition must state the grounds for reconsideration.

4208.12

The Board shall review the determination that is the subject of the petition for review within five (5) business days of the filing of such petition.

4208.13

In the event the Board is unable to convene within five (5) business days, the Board may delegate to the chair of the Board or his or her designee authority to make a determination regarding the petition.

4208.14

If the petition is denied, the Board's notice shall inform the participant of the right to appeal the Board's determination.

4208.15

The participating candidate and his or her principal committee shall not include in any such petition any documentation or factual information not submitted to the Board prior to the determination under review unless the participating candidate can demonstrate good cause for the previous failure to submit such documentation or information and for any failure to communicate on a timely basis with the Board.

4208.16

The participating candidate may submit a petition for review of a payment or nonpayment determination after the issuance of the participant's final audit report within thirty (30) days of issuance of the final audit report and only upon submission of information and/or documentation that was unavailable to the Board previously and is material to such determination, and a showing that the participant had good cause for the previous failure to provide such information and/or documentation.

4208.17

Fair Election Funds shall be distributed to participating candidates under this section by the use of an electronic funds transfer or debit card.

D.C. Mun. Regs. r. 3-4208

Final Rulemaking published at 66 DCR 6632 (5/31/2019); amended by Final Rulemaking published at 66 DCR 013373 (10/11/2019); amended by Final Rulemaking published at 68 DCR 1896 (2/12/2021); amended by Final Rulemaking published at 70 DCR 3338 (3/17/2023)