4211 REMITTING FUNDS AND TURNING OVER CAMPAIGN EQUIPMENT

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 turn over any equipment purchased with public funds by the campaign to the Office of Campaign Finance.

4211.2 No later than 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 also turn over any equipment purchased with public funds by the campaign to the Office of Campaign Finance.

4211.3 No later than 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 The participating candidate whose certification has been revoked pursuant to § 4206.3 shall also turn over any equipment purchased with public funds by the campaign to the Office of Campaign Finance.

4211.4 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.

4211.5 Notwithstanding §§ 4211.1, 4211.2 and 4211.3, a participating candidate may withhold funds from the amount required to be remitted for an additional 180 days after the 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 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).

4211.6 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.

4211.7 The Office of Campaign Finance shall accept any equipment given to it by participating candidates.

4211.8 All data in equipment returned to the Office of Campaign Finance shall be removed, deleted, or wiped from the equipment in accordance with the procedures utilized by the Office of the Chief Technology Officer.

4211.9 Equipment and surplus property remitted to the Office of Campaign Finance pursuant to this section may be donated to a charitable organization, public college or university, or public school that satisfies the following requirements:

(a) A nonprofit or charitable organization which has been in good standing in the District of Columbia for at least one year; or

(b) A public university or public college in the District of Columbia; or

(c) A public school within the District of Columbia public school system.

4211.10 Equipment rendered unusable, obsolete, or otherwise defunct will be recycled in accordance with procedures utilized by the Department of Energy & Environment, Department of Public Works and the Sustainable Solid Waste Management Amendment Act of 2014.

4211.11 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 $50.

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