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

   2. (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:

      1. (A) Personal liability shall not attach until the Director of Campaign Finance is no longer auditing the principal campaign committee; and
      2. (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. (3) Transferred to:

      1. (A) A political committee;
      2. (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
      3. (C) In the case of the Mayor or a Councilmember, an established constituent-service program; or

   4. (4) Returned to the donors as follows:

      1. (A) In the case of an individual defeated in an election, within 6 months after the election;
      2. (B) In the case of an individual elected to office, within 6 months after the election; and
      3. (C) In the case of an individual ceasing to be a candidate, within 6 months thereafter.
2. (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.

History

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)

Oct. 30, 2018, D.C. Law 22-168, § 1002(b)

Mar. 13, 2019, D.C. Law 22-250, § 6(o)

Sept. 11, 2019, D.C. Law 23-16, § 1042(c)

Emergency Legislation

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).

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 (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 (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 § 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 § 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).

Effect of Amendments

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

Applicability

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.

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 22-250: § 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 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. 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.