Sec. 16-25. Withdrawal.

   (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.)

Sec. 16-26. Applicant and participating candidate restrictions.

   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.)

Sec. 16-27. Return of unspent funds; retention of funds.

   (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.)

   Editor’s note—Former Section 16-27 was renumbered by 2020 L.M.C., ch. 31, §1.

Sec. 16-28. Audit.

   (a)   After a general election in an election cycle, the Executive must conduct an audit of the financial activity of the public campaign financing system, including publicly funded campaign accounts, to ensure publicly funded campaign accounts raised and spent funds in compliance with this Article.

   (b)   The Executive must adopt regulations that specify the scope of the audit required by this Section. (2020 L.M.C., ch. 31, §1.)

   Editor’s note—Former Section 16-28 was renumbered by 2020 L.M.C., ch. 31, § 1.

Sec. 16-29. Regulations.

   The Executive, after consulting with the Board, must adopt regulations under Method 1 that specify:

   (a)   how and when receipts for qualifying contributions from contributors must be submitted to the Board;

   (b)   the documents that must be filed with the Board for certification;

   (c)   the allowable uses of money in a publicly funded campaign account;

   (d)   the scope of the audit required in Section 16-28; and

   (e)   other policies necessary to implement this Article. (2020 L.M.C., ch. 31, §1.)

Sec. 16-30. Penalties.

   (a)   Civil Violations. Any violation of this Article is a Class A civil violation. Each day a violation exists is a separate offense.

   (b)   Payment. A fine may be paid by the campaign only if all public contributions have been repaid to the Fund. Otherwise, the candidate or officer found to be responsible for the violation is personally liable for the fine.

   (c)   Additional penalties.

      (1)   In addition to the penalty specified in Subsection 16-30(a), a certified or participating candidate must withdraw from the public campaign financing system if the candidate intentionally or knowingly provides falsified information, misrepresents a material fact, or conceals relevant information to the Board, the Executive, or the Director under this Article.

      (2)   A candidate that must withdraw from the public campaign financing system under (c)(1) must abide by the withdrawal requirements in Section 16-25, including the repayment of any public contribution received. (2014 L.M.C., ch. 28, § 2; 2020 L.M.C., ch. 31, §1; 2024 L.M.C., ch. 21, § 1.)

   Editor’s note—Formerly Section 16-28; renumbered by 2020 L.M.C., ch. 31, §1.

Sec. 16-31. Reserved.

   Editor’s note—Former Sec. 16-31, Public Election Fund Committee, which was formerly Section 16-27; derived from 2014 L.M.C., ch. 28 , § 2; amended by 2019 L.M.C., ch. 23, § 1; renumbered and renamed by 2020 L.M.C., ch. 31, § 1; and amended by 2021 L.M.C., ch. 26, § 1; was repealed by 2024 L.M.C., ch. 21, § 1.