2023 District of Columbia Code › Title 1 - Government Organization › Chapter 11B - Prohibition on Government Employee Engagement in Political Activity › § 1–1171.02. Political activity authorized; prohibitions

§ 1–1171.02. Political activity authorized; prohibitions.
(a) An employee may take an active part in political management or in political campaigns; provided, that an employee shall not:
(1) Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election;
(2) Knowingly solicit, accept, or receive a political contribution from any person, except if the employee has filed as a candidate for political office;
(3) File as a candidate for election to a partisan political office; or
(4) Knowingly direct, or authorize anyone else to direct, that any subordinate employee participate in an election campaign or request a subordinate to make a political contribution.
(b) The Mayor, the Attorney General, and each member of the Council may designate one employee while on annual or unpaid leave to perform any of the functions described in subsection (a)(2) of this section; provided, that:
(1) The employee shall not perform the functions while the employee is on duty or in any room or building occupied in the discharge of official duties in the District government, including any agency or instrumentality thereof;
(1A) The employee may only perform these functions for a principal campaign committee, exploratory committee, or transition committee;
(2) Any designation pursuant to this subsection shall be made in writing by the Mayor and the Attorney General to the Secretary of the District of Columbia and by any member of the Council to the Secretary to the Council;
(3)(A) Any designated employee shall file a report, in a form as prescribed by the Board, with the Board within 15 days after being designated.
(B) The report shall identify only the employee's name, the name of the person who designated the employee, and the name of the principal campaign committee, exploratory committee, or transition committee for which the employee is designated.
(C) The Board shall, on its website, identify each designated employee, and for each designated employee shall identify the name of the person who designated the employee, as well as the name of the principal campaign committee, exploratory committee, or transition committee for which the employee is designated.
(D) The report required by this paragraph shall be in addition to any disclosure required under § 1-1162.24 or § 1-1162.25; and
(4) The Mayor, the Attorney General, and the Council shall issue standards of conduct implementing this subsection.
(c) Repealed.
(Mar. 31, 2011, D.C. Law 18-335, § 3, 58 DCR 599; Feb. 22, 2014, D.C. Law 20-80, § 2(b), 61 DCR 169; Oct. 8, 2016, D.C. Law 21-160, § 3094, 63 DCR 10775; Mar. 13, 2019, D.C. Law 22-250, § 7, 66 DCR 985.)
Effect of Amendments
The 2014 amendment by D.C. Law 20-80, substituted “§ 1-1162.24” for “§ 1-1106.02” in (b)(3); and repealed (c).
Applicability
Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.
Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.
Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 7 of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of the Prohibition on Government Employee Engagement in Political Activity Emergency Amendment Act of 2013 (D.C. Act 20-25, March 7, 2013, 60 DCR 3986, 20 DCSTAT 485).
For temporary (90 days) amendment of this section, see § 2(b) of the Prohibition on Government Employee Engagement in Political Activity Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-231, December 20, 2013, 61 DCR 3, 20 DCSTAT 2633).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of the Prohibition on Government Employee Engagement in Political Activity Temporary Amendment Act of 2013 (D.C. Law 20-4, May 18, 2013, 60 DCR 4624, 20 DCSTAT 1268).