Exploratory Committee Amendment Act of 2005
Bill 16-179

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Phil Mendelson, Adrian Fenty, Sharon Ambrose and Carol Schwartz introduced the following bill, which was referred to the Committee on Government Operations.

To amend the District of Columbia Campaign Finance Reform and Conflict of Interest Act [to] define election exploratory committees and to-make such committees subject to campaign finance laws.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Exploratory Committee Amendment Act of 2005".  

Sec. 2. The District of Columbia Campaign Finance Reform and Conflict of Interest Act (Pub. L. 93 § 376; D.C. Official Code 1§1101 et. Seq.) is amended as follows::

(a) Sec. 102 (D.C. Official Code 1-1101.01) is amended by adding tae following new (5-A) to read as follows:

"(5-A) The term "Exploratory Committee" means any individual, committee, club, association, organization or other group of individuals organized for the purpose of determining whether to promote or oppose the nomination or election of an individual to office. For the purposes of this act, an "exploratory committee" shall be deemed an "political committee."

(b) Insert a new section 212 to read as follows:

"Exploratory committee. 

"(a) Any individual, committee, club, association, organization or other group of individuals may organize an exploratory committee to determine whether to promote or oppose the nomination or election of an individual to office.

"(b) Each exploratory committee shall include the name of the potential candidate, office member to be recalled.

"(c) An exploratory committee activities may include polling, community forums, questionnaires, focus groups, travel, and telephone calls to determine whether the individual should become a candidate, be recalled.

"(d) An exploratory committee may be designated as a primary campaign committee."

(c) Insert a new section 213 to read as follows:

"Financial Disclosure

"(a) An exploratory committee shall be subject to all the financial disclosure requirements of political committees under this act. All funds raised and spent by the exploratory committee shall be reported as contributions and expenditures.

"(b) No individual shall contribute to an exploratory committee, and no exploratory committee shall accept a contribution from a contributor, individually or in the aggregate, in excess of the contribution limitation for the office being considered under this act.

"(c) If a person becomes a candidate, contributions to the exploratory committee shall be deemed contributions to the campaign."

Sec. 3. Fiscal impact statement.

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the: event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.