Section 1-1163.02 - Office of Director of Campaign Finance established; enforcement of subchapter(a) There is established within the Elections Board the Office of Campaign Finance, which shall be headed by the Director of Campaign Finance. The Elections Board shall appoint the Director of Campaign Finance, who shall serve at the pleasure of the Elections Board. The Director of Campaign Finance shall be entitled to receive compensation at the maximum rate for Grade 16 of the District Schedule, pursuant to subchapter XI of Chapter 6 of this title [§ 1-611.01 et seq.]. The Director of Campaign Finance shall be responsible for the administrative operations of the Elections Board pertaining to this subchapter and shall perform other duties as may be delegated or assigned by regulation or by order of the Elections Board; provided, that the Elections Board shall not delegate to the Director of Campaign Finance the making of regulations regarding elections.(b)(1) The Elections Board may issue, amend, and rescind rules and regulations related to the operation of the Director of Campaign Finance, absent recommendation of the Director of Campaign Finance.(2) The Elections Board shall prepare an annual report of the Director of Campaign Finance's performance pursuant to his or her functions as prescribed § 1-1163.04, in addition to those duties the Elections Board may by law assign.(c) Where the Elections 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. In addition, the Elections Board, through its General Counsel, shall initiate, maintain, defend, or appeal any civil action (in the name of the Elections Board) relating to the enforcement of the provisions of this subchapter. The Elections Board may, through its General Counsel, petition the courts of the District of Columbia for declaratory or injunctive relief concerning any action covered by the provisions of this subchapter. The Director of Campaign Finance shall have no authority concerning the enforcement of provisions of subchapter I of Chapter 10 of this title [§ 1-1001.01 et seq.], and recommendations of criminal or civil, or both, violations under [subchapter I of Chapter 10 of this Title [§ 1-1001.01 et seq.]. shall be presented by the General Counsel to the Elections Board in accordance with the rules and regulations of general application adopted by the Elections Board in accordance with the provisions of Chapter 5 of Title 2. Upon the direction of the Elections Board, the Director of Campaign Finance may be called upon to investigate allegations of violations of the elections laws in accord with the provisions of this subsection. Amended by D.C. Law 22-250,§ 6, 66 DCR 985, eff. 3/13/2019.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 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).
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.