5979194 Resolution 21-456, Primary Election Filing Requirement Emergency Declaration Resolution of 2016

A RESOLUTION

21-456

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

April 5, 2016

                                                                                                                                             

To declare the existence of an emergency with respect to the need to amend the District of Columbia Election Code of 1955 to change the procedures for presidential primary ballot access and clarify that the approved political party’s presidential primary plan shall be transmitted to the Board of Elections no later than 24 hours after March 16; and to amend the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 to eliminate the requirement to file with the Director of Campaign Finance and with the principal campaign committee, if applicable, reports of receipts and expenditures 8 days before the June 2016 primary election.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Primary Election Filing Requirement Emergency Declaration Resolution of 2016”.

 

            Sec. 2. (a) Section 5(b)(2) of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 700; D.C. Official Code § 1-1001.05(b)(2)), allows each political party to determine its own rules for ballot access.

(b) The next primary election will take place on June 14, 2016. Under current law, candidates must submit their petitions to the District of Columbia Board of Elections by March 16, 2016, to be listed on the ballot.

(c) The Democratic political party’s plan stipulates that, if the candidate chooses to file with the political party in lieu of collecting signatures, the candidate’s registration with the political party must be submitted by 7:00 p.m. on March 16. This party plan was approved by the Board of Elections.

(d) However, this registration deadline is beyond the closing time of the Board of Elections at 5:00 p.m. Therefore, the political party transmitted the certification on March 17.

            (e) This emergency legislation clarifies that the political party, for purposes of the June 14, 2016, primary election,  is permitted 24 hours after March 16 to transmit the certification, while recognizing that the political party’s rules do not supersede the deadline under section 5(b)(2) (D.C. Official Code § 1-1001.05(b)(2)).

(f) Section 309 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1163.09), requires the treasurer of each political committee, political action committee, and independent expenditure committee to file reports of receipts and expenditures with the Director of Campaign Finance and, if applicable, with the principal campaign committee.

(g) Section 309(b) (D.C. Official Code § 1-1163.09(b)) prescribes mandatory filing dates in the 7 months preceding the date on which, and in each year during which, an election is held for the office sought, including the 10th day of June and 8 days before an election.

            (h) This year, a primary election will be held on June 14, 2016. Reports of receipts and expenditures must therefore be filed on both June 6, 2016, and June 10, 2016.

            (i) The additional filing on June 6, 2016, is unnecessary and will unduly burden filers and cause administrative redundancy for the Office of Campaign Finance. By enforcing the later deadline of June 10, 2016, the Office of Campaign Finance will be able to collect all relevant information in order to carry out its monitoring and auditing responsibilities.

            (j) This emergency legislation eliminates the requirement for the filing of receipts and expenditures 8 days before only the June 14, 2016, primary election. The requirement will remain in effect for subsequent elections.

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Primary Election Filing Requirement Emergency Amendment Act of 2016 be adopted after a single reading.

 

            Sec. 4. This resolution shall take effect immediately.