4207.1 Within five (5) business days after the participating candidate is certified, the participating candidate shall receive half of the base amount described in § 4207.3.

4207.2 Within five (5) business days after the participating candidate qualifies for the ballot, the participating candidate shall receive the other half of the base amount described in § 4207.3.

4207.3 The base amount shall be payable only in contested elections in the following amounts:

1. (a) $160,000 for the office of Mayor;
2. (b) $40,000 for the office of Attorney General;
3. (c) $40,000 for the office of Council Chairman;
4. (d) $40,000 for the office of Councilmember elected At-Large and from a Ward; and
5. (e) $10,000 for the office of State Board of Education elected at-large and from a ward.

4207.4 The participating candidate in an uncontested election, shall not receive the base amount described in § 4207.1 except as provided in § 4207.6.

4207.5 The participating candidate in an uncontested election shall be eligible to receive matching payments for qualified small-dollar contributions in accordance with § 4208.

4207.6 If an uncontested election becomes a contested election after a participating candidate is certified, the participating candidate shall receive, no later than five (5) days after the uncontested election becomes a contested election:

1. (a) The first half of the base amount, if the participating candidate has not qualified for the ballot; or
2. (b) Both halves of the base amount, if the participating candidate has qualified for the ballot.

4207.7 If a contested election becomes an uncontested election after the participating

candidate has received the first, but not the second half of the base amount, the participating candidate may retain any unspent base amount funds to repay:

(a) Any authorized expenditures or the proper debts that were incurred in connection with the participating candidate's campaign; and

(b) Personal funds of the participating candidate or funds the candidate's immediate family contributed in accordance with § 4209.1(f).

4207.8 If a contested election becomes an uncontested election, a participating candidate who has not yet qualified for the ballot shall not receive the second half of the base amount upon ballot qualification.

4207.9 Funds shall be distributed to the participating candidate through the use of an electronic funds transfer or debit card.

4207.10 After a participating candidate has received base amount payments and matching payments from the Fair Elections Fund for an election, the candidate may not return a contribution, unless instructed by the Director to do so, until any required repayments to the Program have been made, except if the contribution:

(a) Exceeds the contribution limit;

(b) Is otherwise illegal;

(c) Is returned because the contribution was received from a prohibited source or intermediary; or

(d) Was commingled in an account not belonging to the campaign committee.

4207.11 The Director shall notify a participating candidate in writing within five (5) business days where it is determined funds paid to the candidate were in excess of the aggregate amount for which the candidate qualified, and such candidate shall repay to the Fund an amount equal to the amount of the excess payments within thirty (30) calendar days of the notice.

SOURCE: Final Rulemaking published at 66 DCR 6632 (May 31, 2019).