4211.1 No later than sixty (60) days after a primary election in an election cycle for which a losing participating candidate was on the ballot, the losing participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate's campaign accounts. The losing participating candidate shall also donate any equipment purchased by the campaign in accordance with § 4211.4.

4211.2 No later than sixty (60) days after a special election or general election in an election cycle for which a participating candidate was on the ballot, the participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate's campaign accounts. The losing participating candidate shall donate any equipment purchased by the campaign in accordance with § 4211.4.

4211.3 No later than sixty (60) days after a participating candidate's certification is revoked under § 4206.3, the participating candidate shall remit to the Director of Campaign Finance, for deposit in the Fair Elections Fund, the remaining funds in the participating candidate's campaign accounts. The participating candidate whose certification has been revoked pursuant to § 4206.3 shall donate any equipment purchased by the campaign in accordance with § 4211.4.

4211.4 A participating candidate, pursuant to §§ 4211.1, 4211.2 and 4211.3, shall donate any equipment purchased by the campaign to a non-profit organization, within the meaning of Section 501(c)(3) of the Internal Revenue Code that is in good standing in the District of Columbia for a minimum of one (1) calendar year prior to the date of the donation, that is unaffiliated with:

(a) The candidate or the candidate's immediate family;

(b) The candidate's principal campaign committee, including the campaign chair and treasurer and their immediate family; and

(c) Any board of directors or similar governing body on which the candidate, the candidate's immediate family, or the candidate's campaign chair or treasurer sits in its place.

4211.5 If a participating candidate's certification is revoked under §§ 4206.3(b), (c) or, due to fraudulent activities, § 4206.3(e), the participating candidate shall be personally liable for any expended base amount or matching payments.

4211.6 Notwithstanding §§ 4211.1, 4211.2 and 4211.3, a participating candidate may

withhold funds from the amount required to be remitted for an additional one hundred eighty (180) days after the sixty (60)-day periods if the participating candidate requests an extension in writing and submits documentation of the funds to the Director of Campaign Finance no later than the last day of the sixty (60)-day period. The withheld funds shall only be used for the following purposes:

(a) To repay any authorized expenditures or retire the proper debts that were incurred in connection with the participating candidate’s campaign; and

(b) To repay personal funds of the participating candidate or the participating candidate’s immediate family contributed under § 4209.1(f).

4211.7 The Office of Campaign Finance shall notify a participant in writing if it finds that the participant owes unspent campaign funds to the Program. The participant shall promptly pay to the Fund unspent campaign funds from an election; provided, however, that all unspent campaign funds for a participant shall be immediately due and payable to the Fair Elections Program Fund upon a determination by the Director that the participant has delayed the post-election audit process.

4211.8 For the purpose of this section, the term “equipment” means any furniture or electronic or battery-powered equipment purchased by a participating candidate’s campaign that cost at least fifty dollars ($50).

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