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<baltimore-city-law heading="Part 4 – Candidate and Fund Procedures">
  <section prefix="§" num="11-14" heading="Collecting qualifying contributions.">
    <para num="(a)" heading="In general.">Before raising any contributions under this subtitle, an applicant candidate must:<para num="(1)">file a notice of intent with the State Board in the manner that the State Board requires; and</para>
      <para num="(2)">establish a publicly funded campaign account.</para>
    </para>
    <para num="(b)" heading="Contribution limits.">
      <para num="(1)">Except as otherwise provided in paragraph (2) of this subsection, an applicant candidate may not accept:<para num="(i)">an eligible contribution of more than $150 in the aggregate during an election; or</para>
        <para num="(ii)">a loan.</para>
      </para>
      <para num="(2)">An applicant candidate may loan or contribute up to $6,000 during an election cycle from:<para num="(i)">the applicant candidate; or</para>
        <para num="(ii)">the applicant candidate’s spouse.</para>
      </para>
    </para>
    <para num="(c)" heading="Consumer Price Index adjustment.">
      <para num="(1)">the contribution limit set forth in subsection (b)(1) of this section must be adjusted for the next election cycle on July 1, 2028, and July 1 of each subsequent fourth year by the percentage increase in the Baltimore-Columbia-Towson Consumer Price Index, as reported by the United States Department of Labor, rounded up by the nearest multiple of $10.</para>
      <para num="(2)">The Director must publish this adjusted amount no later than the January 1 after the adjustment is made.</para>
    </para>
    <annotation type="History">Ord. 20-338</annotation>
  </section>
  <section prefix="§" num="11-15" heading="Requirements for certification.">
    <para num="(a)" heading="Application.">
      <para num="(1)">A candidate must apply to the State Board for certification during the qualifying period in the form that the State Board requires.</para>
      <para num="(2)">An applicant candidate must include with the application any documentation required by the State or, in the absence of State requirements, the following:<para num="(i)">a declaration from the applicant candidate to follow the requirements governing the use of a public contribution;</para>
        <para num="(ii)">a campaign finance report that contains the information that the State Board requires for a campaign finance report and that includes:<para num="(A)">a list of each qualifying contribution received;</para>
          <para num="(B)">a list of each expenditure made by the candidate during the qualifying period;</para>
          <para num="(C)">a copy of the receipt associated with each contribution that identifies the contributor’s name and residential address; and</para>
          <para num="(D)">a copy of the receipt associated with each expenditure; and</para>
        </para>
        <para num="(iii)">a certificate of candidacy for Mayor, Council President, Comptroller, or City Councilmember.</para>
      </para>
    </para>
    <para num="(b)" heading="Qualifications.">To qualify as a certified candidate:<para num="(1)">a candidate for Mayor must collect at least:<para num="(i)">500 qualifying contributions; and</para>
        <para num="(ii)">an aggregate total of $40,000;</para>
      </para>
      <para num="(2)">a candidate for Council President must collect at least:<para num="(i)">250 qualifying contributions; and</para>
        <para num="(ii)">an aggregate total of $15,000;</para>
      </para>
      <para num="(3)">a candidate for Comptroller must collect at least:<para num="(i)">250 qualifying contributions; and</para>
        <para num="(ii)">an aggregate total of $15,000; and</para>
      </para>
      <para num="(4)">a candidate for City Councilmember must collect at least:<para num="(i)">150 qualifying contributions; and</para>
        <para num="(ii)">an aggregate total of $5,000.</para>
      </para>
    </para>
    <para num="(c)" heading="Contributions.">
      <para num="(1)">An applicant candidate must deposit all contributions into the candidate’s publicly funded campaign account.</para>
      <para num="(2)">An applicant candidate must deliver to the State Board a copy of a receipt for each qualifying contribution that identifies the contributor’s name and residential address that is signed by the contributor directly or by a digital signature using a method approved by the State Board.</para>
    </para>
    <para num="(d)" heading="Ineligibility.">An applicant candidate is ineligible for certification if the State Board, in consultation with the Commission, has determined that the applicant candidate has:<para num="(1)">failed to submit a campaign finance report in the 4 years preceding the election cycle;</para>
      <para num="(2)">coordinated with a political action committee; or</para>
      <para num="(3)">violated any rule or regulation adopted under this subtitle.</para>
    </para>
    <annotation type="History">Ord. 20-338</annotation>
  </section>
  <section prefix="§" num="11-16" heading="Certification determination.">
    <para num="(a)" heading="In general.">
      <para num="(1)">Within 10 days of receiving a complete application for certification, the State Board must make a determination, in consultation with the Commission, whether to certify an applicant candidate.</para>
      <para num="(2)">The State Board must notify the Director and the Commission of the State Board’s determination.</para>
    </para>
    <para num="(b)" heading="Finality of decision.">Except as provided in subsection (d) of this section, the decision by the Commission whether to certify a candidate is final.</para>
    <para num="(c)" heading="Applicant candidate certification.">
      <para num="(1)">Subject to paragraph (2) of this subsection, on notice of the State Board’s certification of an applicant candidate, the Director must disperse the appropriate public contribution under &lt;cite data-path="|5|§11-17"&gt;§ 11-17 {“Distribution of public contribution”} of this subtitle&lt;/cite&gt;.</para>
      <para num="(2)">The Director may not disburse any public funds to a candidate without first consulting with the Commission.</para>
    </para>
    <para num="(d)" heading="Denial of application.">If an application is denied, the applicant candidate may resubmit a new or modified application one time within the earlier of:<para num="(1)">10 business days after receiving notice that the application was denied; or</para>
      <para num="(2)">the end of the qualifying period.</para>
    </para>
  </section>
  <section prefix="§" num="11-17" heading="Distribution of public contribution.">
    <para num="(a)" heading="In general.">Only after consulting with the Commission, 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:<para num="(1)">for a certified candidate for either Mayor, Council President, or Comptroller, the matching dollars must equal:<para num="(i)">$9 for each dollar of a qualifying contribution received for the first $25 of each qualifying contribution;</para>
        <para num="(ii)">$5 for each dollar of a qualifying contribution received for the next $50 of each qualifying contribution; and</para>
        <para num="(iii)">$2 for each dollar of a qualifying contribution received for the final $75 of each qualifying contribution.</para>
      </para>
      <para num="(2)">for a certified candidate for City Councilmember, the matching dollars must equal:<para num="(i)">$9 for each dollar of a qualifying contribution received for the first $25 of each qualifying contribution;</para>
        <para num="(ii)">$5 for each dollar of a qualifying contribution received for the next $50 of each qualifying contribution; and</para>
        <para num="(iii)">$0 for each dollar of a qualifying contribution received for the final $75 of each qualifying contribution.</para>
      </para>
    </para>
    <para num="(b)" heading="Qualifying boost.">
      <para num="(1)" heading="In general.">In addition to any public contributions made under subsection (a)(1) of this section, within 5 days of certification, the Director must disburse from the Fund a qualifying boost of:<para num="(i)">$200,000 for a candidate for Mayor; and</para>
        <para num="(ii)">$50,000 for a candidate for Council President or a candidate for Comptroller.</para>
      </para>
      <para num="(2)" heading="Multiple boosts prohibited.">A candidate may not receive more than 1 qualifying boost during an election cycle.</para>
    </para>
    <para num="(c)" heading="Maximum public contribution.">
      <para num="(1)" heading="In general.">Except as provided in paragraph (2) of this subsection, the total public contribution payable to a certified candidate for either a primary or a general election may not exceed:<para num="(i)">$1,500,000 for a candidate for Mayor;</para>
        <para num="(ii)">$375,000 for a candidate for Council President;</para>
        <para num="(iii)">$200,000 for a candidate for Comptroller; and</para>
        <para num="(iv)">$125,000 for a candidate for City Councilmember.</para>
      </para>
      <para num="(2)" heading="Exclusion.">The limits specified in this subsection do not include the qualifying boost received by a candidate for Mayor or Council President.</para>
    </para>
    <para num="(d)" heading="Prohibited public contributions.">The Director may not distribute a public contribution based on:<para num="(1)">a contribution or loan from the candidate or the candidate’s spouse; or</para>
      <para num="(2)">an in-kind contribution of property, goods, or services.</para>
    </para>
    <para num="(e)" heading="Fund insufficiency.">
      <para num="(1)">On or before July 1 of each year preceding a primary election, the Director must determine if the amount in the Fund is sufficient to meet the maximum public contributions and qualifying boosts reasonably expected to be required during the next election cycle.</para>
      <para num="(2)">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 and qualifying boost to a certified candidate by the same percentage of the total public contribution.</para>
    </para>
    <para num="(f)" heading="Disbursements after the primary election.">Within 3 business days of the primary election, the Director must continue to disburse the appropriate public contribution for the general election to each participating candidate.</para>
    <para num="(g)" heading="Return of unspent funds.">
      <para num="(1)" heading="Primary election candidates.">Within 30 days of the certification by the City Board of the results of the primary election, a participating candidate who is not certified to be on the ballot for the general election must return to the Fund any unspent money in the candidate’s publicly funded campaign account.</para>
      <para num="(2)" heading="General election candidates.">On or before December 31 after the general election, a participating candidate must return to the Fund any unspent money in the candidate’s publicly funded campaign account.</para>
    </para>
    <para num="(h)" heading="Petition-nominated and non-principal political party candidates.">
      <para num="(1)">In this subsection, “principal political party” has the meaning stated in &lt;cite data-doc="Md. Code" data-path="gel|1-101"&gt;State Election Law Article, § 1-101 &lt;/cite&gt;{“Definitions: Principal political parties”}.</para>
      <para num="(2)">A certified candidate nominated by petition or by a party that is not a principal political party may receive a public contribution for the general election if the candidate’s nomination is certified by the City Board.</para>
      <para num="(3)">A certified candidate under this subsection must qualify as a certified candidate at least 45 days before the date of the general election.</para>
    </para>
    <annotation type="History">Ord. 20-338</annotation>
  </section>
  <section prefix="§" num="11-18" heading="Use of public contribution.">
    <para num="(a)" heading="In general.">A participating candidate may only make expenditures from the publicly funded campaign account registered with the State Board for expenses incurred directly for the election after the candidate is certified.</para>
    <para num="(b)" heading="Previous expenses or loans.">A participating candidate may not use any portion of a public contribution to pay for expenses or loans incurred prior to being certified.</para>
    <para num="(c)" heading="Advance payment.">A participating candidate may not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification.</para>
    <para num="(d)" heading="Reduction of public contribution.">
      <para num="(1)">Except as provided in paragraph (2) of this subsection, the Director must reduce the public contribution to a participating candidate’s publicly funded campaign account by the total amount of all expenditures made after the end of the previous election cycle from the candidate’s non-participating campaign account.</para>
      <para num="(2)">Expenditures made with contributions received prior to the end of the previous election cycle towards debts accrued before the end of the previous election cycle may not reduce the public contribution to a participating candidate’s publicly funded campaign account.</para>
    </para>
    <para num="(e)" heading="Additional standards.">
      <para num="(1)">A participating candidate may not use a public contribution for:<para num="(i)">personal expenses;</para>
        <para num="(ii)">expenses related to holding public office;</para>
        <para num="(iii)">paying for a personal endorsement; or</para>
        <para num="(iv)">paying for late filing fees.</para>
      </para>
      <para num="(2)">A participating candidate may not use a public contribution to :<para num="(i)">contribute to current or future candidates for elective offices other than the one being sought by the participating candidate; or</para>
        <para num="(ii)">contribute to any entity or organization, such as a political party.</para>
      </para>
      <para num="(3)">The Director, in consultation with the Commission, shall determine whether an expense is a permissible use of a public contribution, and the Director’s determination is final.</para>
    </para>
    <para num="(f)" heading="Allegations of a prohibited act.">A complaint alleging a prohibited receipt or use of funds by a participating candidate must be filed with the State Board.</para>
    <para num="(g)" heading="Access to records.">
      <para num="(1)">On request by the Commission, a participating candidate must provide the Commission with reasonable access to the financial records of the candidate’s publicly funded campaign account.</para>
      <para num="(2)">A participating candidate must keep all records for a period of 4 years after the election to which the documents relate.</para>
      <para num="(3)">The records must be retained by the campaign treasurer unless the State Board has been notified otherwise.</para>
    </para>
    <annotation type="History">Ord. 20-338</annotation>
  </section>
  <section prefix="§" num="11-19" heading="Withdrawal.">
    <para num="(a)" heading="Certified candidates.">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.</para>
    <para num="(b)" heading="Participating candidates.">A participating candidate may withdraw from participating if the candidate:<para num="(1)">files a statement of withdrawal with the State Board and the Commission on a form that the State Board requires; and</para>
      <para num="(2)">repays to the Fund the full amount of any public contribution received, plus interest accruing from the date of withdrawal at the same rate as the current bank prime loan rate reported by the Board of Governors of the Federal Reserve System.</para>
    </para>
    <para num="(c)" heading="Personal liability.">If the funds remaining in the participating candidate’s publicly funded campaign account at the time of withdrawal are insufficient to repay the Fund under subsection (b) of this section, the candidate is personally liable for repayment.</para>
    <para num="(d)" heading="Reduced repayment.">
      <para num="(1)">The Director, in consultation with the Commission, may reduce any repayment under subsection (b) of this section for a participating candidate who must withdraw for health reasons or other cause not within the candidate’s control.</para>
      <para num="(2)">In considering a repayment reduction under this subsection, the Director, in consultation with the Commission, may consider the participating candidate’s personal financial hardship.</para>
    </para>
    <annotation type="History">Ord. 20-338</annotation>
  </section>
  <section prefix="§" num="11-20" reserved="true" />
</baltimore-city-law>
