§ 16-23. Distribution of public contribution.  


Latest version.
  • (a) The Director must distribute a public contribution from the Fund to each certified candidate in a contested election only during the distribution period as follows:
    (1) for a certified candidate for County Executive, the matching dollars must equal:
    (A) $6 for each dollar of a qualifying contribution received for the first $50 of each qualifying contribution;
    (B) $4 for each dollar of a qualifying contribution received for the second $50 of each qualifying contribution; and
    (C) $2 for each dollar of a qualifying contribution received for the remainder of each qualifying contribution.
    (2) for a certified candidate for County Council, the matching dollars must equal:
    (A) $4 for each dollar of a qualifying contribution received for the first $50 of each qualifying contribution;
    (B) $3 for each dollar of a qualifying contribution received for the second $50 of each qualifying contribution; and
    (C) $2 for each dollar of a qualifying contribution received for the remainder of each qualifying contribution.
    (3) The total public contribution payable to a certified candidate for either a primary or a general election must not exceed:
    (A) $750,000 for a candidate for County Executive;
    (B) $250,000 for a candidate for At Large Councilmember; and
    (C) $125,000 for a candidate for District Councilmember.
    (b) The Director must not distribute matching dollars from the Fund to a certified candidate for:
    (1) a contribution from the candidate or the candidate’s spouse; or
    (2) an in-kind contribution of property, goods, or services.
    (c) A certified candidate may continue to collect qualifying contributions and receive a matching public contribution up to a primary or a general election. A qualifying contribution must not exceed $150 from any individual in the aggregate during a 4-year election cycle.
    (d) On or before July 1 of the year preceding the primary election, the Director must determine if the amount in the Fund is sufficient to meet the maximum public contributions reasonably expected to be required during the next election cycle. If the Director determines that the total amount available for distribution in the Fund is insufficient to meet the allocations required by this Section, the Director must reduce each public contribution to a certified candidate by the same percentage of the total public contribution.
    (e) Within 3 business days after the County Board certifies the results of the primary election, the Board must authorize the Director to continue to disburse the appropriate public contribution for the general election to each certified candidate who is certified to be on the ballot for the general election.
    (f) Within 30 days after the County Board certifies the results of the primary election, a participating candidate who is not certified to be on the ballot for the general election must return any unspent money in the candidate’s publicly funded campaign account to the Fund. Within 30 days after the County Board certifies the results of the general election, a participating candidate must return any unspent money in the candidate’s publicly funded campaign account to the Fund.
    (g) A certified candidate nominated by petition may receive a public contribution for the general election if:
    (1) the candidate’s nomination is certified by the County Board; and
    (2) the candidate did not participate in a primary election.
    (h) A participating candidate must submit a receipt for each qualifying contribution to the Board to receive a public contribution. The Director must deposit the appropriate public contribution into a participating candidate’s publicly funded campaign account within 3 business days after the Board authorizes the public contribution.
    (i) A candidate may receive a matching public contribution during the general election for an unmatched qualifying contribution received during the primary election after the candidate has received the maximum public contribution for the primary election if the candidate is otherwise eligible to receive matching public contributions during the general election.
    (j) If the Director mistakenly distributes a public contribution to a candidate greater than the candidate was entitled to receive, the candidate must repay the funds mistakenly distributed within 5 business days after being notified of the mistake. Any unspent funds returned to the County after an election may be used as a credit against any repayment required for a public contribution mistakenly received.
    (k) Consumer Price Index adjustment. The Chief Administrative Officer must adjust the public contribution limits established in Subsection (a)(3) and the eligible contribution limit established in Subsection (c), effective July 1, 2018, and July 1 of each subsequent fourth year, by the annual average increase, if any, in the Consumer Price Index for the previous 4 calendar years. The Chief Administrative Officer must calculate the adjustment to the nearest multiple of 10 dollars, and must publish the amount of this adjustment not later than March 1 of each fourth year. (, § 2; , § 1.)