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(a) The Board must certify an applicant candidate if the Board finds that the candidate has received the required number of qualifying contributions and the required aggregate total dollars for the office no later than 10 business days after receiving:
(1) a declaration from the candidate agreeing to follow the regulations governing the use of a public contribution;
(2) a campaign finance report that includes:
(A) a list of each qualifying contribution received;
(B) a list of each expenditure made by the candidate during the qualifying period; and
(C) the receipt associated with each contribution and expenditure; and
(3) a certificate of candidacy for a covered office.
(b) The decision by the Board whether to certify a candidate is final.
(c) A candidate may submit only one application for certification for any election. A candidate may correct any mistakes in the application for certification or supplement their application with additional qualifying contributions within the earlier of:
(1) 10 business days after receiving notice that the Board denied the application; or
(2) the end of the qualifying period.
(d) If the Board certifies a candidate, the Board must authorize the Director to disburse a public contribution to the candidate’s publicly funded campaign account.
(e) A candidate that submits a notice of intent under Section 16-20, but fails to qualify as a certified candidate is deemed a non-participating candidate and is not bound by the requirements of this Article. (2014 L.M.C., ch. 28, § 2; 2017 L.M.C., ch. 23, § 1; 2020 L.M.C., ch. 31, §1.)
(a) Matching amounts. 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) $7 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;
(C) $2 for each dollar of a qualifying contribution received for the third $50 of each qualifying contribution; and
(D) $0 for each dollar of a qualifying contribution received for the remainder of each qualifying contribution; and
(2) for a certified candidate for County Council, the matching dollars must equal:
(A) $5 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;
(C) $2 for each dollar of a qualifying contribution received for the third $50 of each qualifying contribution; and
(D) $0 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) $870,170 for a candidate for County Executive;
(B) $290,060 for a candidate for At Large Councilmember; and
(C) $145,030 for a candidate for District Councilmember.
(b) Non-matchable contributions. 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) Qualifying contribution limits. A certified candidate may continue to collect qualifying contributions and submit a request for a matching public contribution up to, and including, the day of a primary or a general election. A qualifying contribution must not exceed $500 from any individual in the aggregate during a 4-year election cycle.
(d) Availability of funds for distribution. 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) General election distributions. 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) Petition candidates. 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.
(g) Receipts required. 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.
(h) General election public contributions. 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.
(i) Mistaken public contributions. 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.
(j) Consumer Price Index adjustment.
(1) Effective July 1, 2028 and July 1 of each subsequent fourth year, the Chief Administrative Officer must adjust the public contribution limits established in Subsection (a)(3) of this Section, and the eligible contribution limit established in Section 16-20(d) and Subsection (c) of this Section.
(2) The Chief Administrative Officer must calculate each adjusted limit to the nearest multiple of $10.
(3) The adjusted limit must be equal to the current limit multiplied by the outcome of the most recent published Consumer Price Index at the time of the adjustment divided by the annual value of the Consumer Price Index from 4 calendar years prior to the current year.
(4) The Chief Administrative Officer must, by March 1 of the year preceding an adjustment:
(A) notify in writing the State Board of Elections and the County Council of the adjusted limits; and
(B) publish the adjusted limits on the County website. (2014 L.M.C., ch. 28
, § 2; 2017 L.M.C., ch. 23
, § 1; 2020 L.M.C., ch. 31, §1; 2024 L.M.C., ch. 21, § 1.)
(a) Except as provided in Section 16-27, a participating candidate may use the eligible contributions and the matching public contribution for a primary or general election only for expenses incurred for the election. A participating candidate must not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification unless the expenditure is permitted by Executive regulation adopted under Section 16-21.
(b) A complaint alleging an impermissible receipt or use of funds by a participating candidate must be filed with the Board.
(c) A participating candidate must provide the Board with reasonable access to the financial records of the candidate’s publicly funded campaign account, upon request. (2014 L.M.C., ch. 28
, § 2; 2020 L.M.C., ch. 31, §1; 2024 L.M.C., ch. 21, § 1.)
(a) A certified candidate may withdraw an application for a public contribution any time before the public contribution is received by the candidate’s publicly funded campaign account.
(b) A participating candidate may withdraw from participation if the candidate:
(1) files a statement of withdrawal with the Board on a form prescribed by the Board; and
(2) repays to the Fund the full amount of the public contribution received, together with the applicable interest established by regulation. (2014 L.M.C., ch. 28, § 2; 2020 L.M.C., ch. 31, §1.)
An applicant candidate or a participating candidate must not:
(a) accept a private contribution from any group or organization, including a political action committee, a corporation, a labor organization, or a State or local central committee of a political party, except that an applicant candidate or a participating candidate may, subject to subsection (h), accept in-kind contributions from a State central committee of a political party, and from a Montgomery County central committee of a political party;
(b) accept private contributions from an individual in an aggregate greater than $500 during a 4-year election cycle, or the maximum amount of an eligible contribution, as adjusted by Section 16-23(j);
(c) pay for any campaign expense after filing a notice of intent with the Board to seek public funding with any campaign finance account other than the candidate’s publicly funded campaign account;
(d) be a member of a slate in any election in which the candidate receives a public contribution;
(e) accept a loan from anyone other than the candidate or the candidate’s spouse;
(f) solicit funds for a State or a Montgomery County central committee of a political party; or
(g) transfer funds:
(1) to the candidate’s publicly funded campaign account from any other campaign finance entity established for the candidate; and
(2) from the candidate’s publicly funded campaign account to any other campaign finance entity.
(h) Limitations on In-Kind Contributions
(1) An applicant candidate or a participating candidate may accept in-kind contributions from a State central committee of a political party if:
(A) the total amount of in-kind contributions from the central committee per election cycle are equal to or less than $10,000; and
(B) the funds used by the central committee to make an in-kind contribution derive from individual contributions that do not exceed the public contribution limits established under Section 16-23.
(2) An applicant candidate or a participating candidate may accept in-kind contributions from a Montgomery County central committee of a political party if:
(A) the total amount of in-kind contributions from the central committee per election cycle are equal to or less than $10,000; and
(B) the funds used by the central committee to make an in-kind contribution derive from individual contributions that do not exceed the public contribution limits established under Section 16-23.
(i) Candidate affiliation. A candidate who accepts a public contribution may affiliate with any other candidates, including non-publicly financed candidates, on campaign material if:
(1) the authorized campaign finance entity makes a direct disbursement to the payee for its share of the costs of the campaign material; and
(2) the campaign material displays the authority line of the authorized campaign finance entity. (2014 L.M.C., ch. 28
, § 2; 2018 L.M.C., ch. 3, § 1; 2022 L.M.C., ch. 6, §1; 2023 L.M.C., ch. 21, § 1; 2024 L.M.C., ch. 21, § 1.)
(a) Except as provided in subsection (b):
(1) within 90 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; and
(2) within 90 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.
(b) A certified candidate may retain funds to pay for post-election expenses if:
(1) the retained funds do not exceed $10,000;
(2) the candidate files a new declaration of intent to participate in the public campaign financing system for the 4-year next election cycle by January 31 the year after the election; and
(3) the candidate keeps the same campaign finance entity open.
(c) Consumer Price Index adjustment.
(1) Effective July 1, 2028 and July 1 of each subsequent fourth year, the Chief Administrative Officer must adjust the retention limit under Subsection (b).
(2) The Chief Administrative Officer must calculate each adjusted limit to the nearest multiple of $10.
(3) The adjusted limit must be equal to the current limit multiplied by the outcome of the most recent published Consumer Price Index at the time of the adjustment divided by the annual value of the Consumer Price Index from 4 calendar years prior to the current year.
(4) The Chief Administrative Officer must, by March 1 of the year preceding an adjustment:
(A) notify in writing the State Board of Elections and the County Council of the adjusted limit; and
(B) publish the adjusted limit on the County website. (2020 L.M.C., ch. 31, §1; 2024 L.M.C., ch. 21, § 1.)
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