4206 CERTIFICATION, REVOCATION, AND RECISSION AS A PARTICIPATING CANDIDATE

4206.1 For the purpose of this section, the term “qualifying period” means: (1) the period beginning on the day after the most recent general election for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the primary election, or for the general election for the covered office sought; or (2) 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.

4206.2 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:

(a) Obtain the following:

(1) For a candidate for Mayor, qualified small-dollar contributions from at least 1,000 small-dollar individual resident contributors of the District, which in the aggregate, total $40,000 or more; *

(2) For a candidate for Attorney General, qualified small-dollar contributions from at least 500 small-dollar individual resident contributors of the District, which, in the aggregate, total $20,000 or more;

(3) For a candidate for Council Chairman, qualified small-dollar contributions from at least 300 small-dollar individual resident contributors of the District, which, in the aggregate, total $15,000 or more;

(4) For a candidate for an At-Large Council seat, qualified small-dollar contributions from at least 250 small-dollar individual resident contributors of the District, which, in the aggregate, total $12,000 or more;

(5) For a candidate for a Ward Council seat and the At-Large State Board of Education seat, qualified small-dollar contributions from at least 150 small-dollar individual resident contributors of the District, which, in the aggregate, total $5,000 or more; or

(6) For a candidate for a Ward State Board of Education seat, qualified small-dollar contributions from at least 50 small-dollar individual resident contributors of the District, which, in the aggregate, total $1,000 or more; and

(b) The candidate shall file an Affidavit on a form prescribed by the Director of the Office of Campaign Finance, and signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate:

(1) Has complied with and, if certified, will continue to comply with the Fair Elections Program requirements;

(2) If certified, will only run in that election cycle as a participating candidate;

(3) 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;

(4) Has otherwise qualified, or will take steps to qualify, for ballot access in accordance with the procedures required by the Elections Board pursuant to Section 8 of the Election Code, such as by filing a declaration of candidacy under 3 DCMR § 3002 and a nominating petition containing the required number of valid signatures under 3 DCMR § 1605;

(5) Is current with respect to any fines or penalties owed for a violation of the Fair Elections Act; and

(6) Has responded and will respond to all inquiries of the Elections Board and the Director of Campaign Finance in a timely manner.

4206.3 No later than ten (10) business days after a candidate attains compliance under § 4206.1 the Director of Campaign Finance shall determine whether the candidate meets the requirements for certification as a participating candidate, and:

(a) If the requirements are met, certify the candidate as a participating candidate; or

(b) If the requirements are not met, the Director shall notify the candidate in writing of the specific deficiencies and (1) provide an opportunity to cure the deficiencies and, (2) appeal the Director's determination in writing to the Board within ten (10) business days after the candidate receives the determination. An appeal of the Director's determination to the Board shall be considered a complaint and proceed in accordance with the rules of Chapter 4 of this title.

1. (c) The petition of appeal must state the grounds for reconsideration of the denial for certification as a participating candidate.
2. 4206.4 The Director shall revoke a certification under § 4206.2 if a participating candidate once certified:
3. (a) Fails to qualify for ballot access pursuant to the nominating petition process;
4. (b) Does not continue to run as a participating candidate in that election cycle;
5. (c) Does not run for the seat for the covered office for which the candidate was certified during that election cycle, including both the primary and the general elections, as applicable;
6. (d) Terminates his or her candidacy; or
7. (e) Fails to comply with the Fair Elections Program's requirements, including contribution and expenditure limits, and the debate requirement.
8. 4206.5 If a certification is revoked under § 4206.3, the Director shall notify the candidate in writing of (1) the basis for the Director's revocation; and (2) the right to appeal the revocation in writing to the Board within ten (10) business days after the candidate receives the determination. An appeal of a revocation to the Board shall be considered a complaint and proceed in accordance with the rules of Chapter 4 of this title.
9. 4206.6 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 § 4211.
10. 4206.7 Following revocation of certification, including during a pending appeal of the revocation, the candidate is thereafter prohibited from spending program funds for any purpose other than the payment of previous liabilities incurred in qualified campaign expenditures.
11. 4206.8 All program funds in excess of such liabilities previously incurred shall be promptly repaid to the Program; the amount to be repaid shall be determined by the Office of Campaign Finance. A repayment made shall not preclude a determination that an additional repayment is required pursuant to that or any other provision of the Act.
12. 4206.9 A candidate who does not file an Affidavit under § 4206 or withdraws his or her affidavit prior to certification shall not qualify to participate in the Fair Elections Program.

4206.10 A candidate who does not elect to participate in the Fair Elections Program shall not be eligible to receive program funds and shall not be subject to the contribution and expenditure limitations under § 4209.

4206.11 A candidate who does not elect to participate in the Fair Elections Program may accept contributions from sources other than those prescribed under § 4209.1.

4206.12 Candidates seeking to certify as a participating candidate may file for certification pursuant to § 4206.2 and receive the base amount and initial disbursement of matching payments of which the candidate is eligible under §§ 4207 and 4208, on a rolling basis.

4206.13 Rolling certification shall occur every thirty (30) days, commencing in the year 2019 on August 31, September 30 and October 31, in the year immediately prior to the year during which an election is held for which the candidate seeks office and the committee supports a candidate for office, and thereafter on January 10, February 10, March 30, April 30, May 30, June 30, July 10, August 31 and September 30 in any year in which there is held an election for which the candidate seeks office and the committee supports a candidate for office, until certification is achieved as a participating candidate in the Fair Elections Program.

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019); as amended by Final Rulemaking published at 66 DCR 13373 (October 11, 2019).