The words defined in this Section shall have the meanings set forth below whenever they appear in this Division unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision. Applicant Candidate means a candidate who is seeking to be a Certified Candidate in a primary or general election. Campaign Finance Entity means a political committee established pursuant to the Annotated Code of Maryland, Election Law Article, Title 1, Subtitle 1. Certified Candidate means a candidate who is certified as eligible for public campaign financing from the Fund. Citizen Funded Campaign Account means a campaign finance entity into which Eligible Private Contributions will be received and from which money may be spent in accordance with this Division. Commission means the Fair Election Fund Commission. Contested Election means any election, including a special election, in which there are more candidates for office than the number who can be elected to that office. Contribution means the same as defined in the Annotated Code of Maryland, Election Law Article, Title 1, Subtitle 1. County Board means the Prince George's County Board of Elections. County Resident means a natural person who resides in Prince George's County. Director means the Director of Finance or the Director's designee. Election Cycle means the same as defined in the Annotated Code of Maryland, Election Law Article, Title 1, Subtitle 1. Eligible Private Contribution means an aggregate contribution in a 4-year election cycle to a Citizen Funded Campaign Account from an individual, including an individual who does not reside in the County, that does not exceed the contribution limit set in this Division. Fund means the Fair Election Fund. Participating Candidate means a Certified Candidate who has received a Public Contribution from the Fund during the current Election Cycle. Public Contribution means money disbursed from the Fund to a Certified Candidate. Qualifying Contribution means an Eligible Private Contribution in support of an Applicant Candidate that is: made by a County Resident; made after the beginning of the Qualifying Period, but no later than the next general election; acknowledged by a receipt; and not an in-kind contribution of property, goods or services. Qualifying Period means: the time beginning on January 1 following the last election for the office the candidate seeks and ending 45 days before the date of the primary election; or for a special election, the time that the County Council shall set by Council resolution. Slate means the same as defined in the Annotated Code of Maryland, Elections Law Article, Title 1, Subtitle 1. State Board means the Maryland State Board of Elections.

The Director shall establish a Fair Election Fund as a special non-lapsing fund. The Fund consists of: money appropriated to the Fund; any unspent money remaining in a Certified Candidate's Citizen Funded Campaign Account after the candidate is no longer a candidate; any Public Contribution returned to the Fund; any donations made to the Fund; any fines collected pursuant to Section 10-332 of this Division; and any earnings on money in the Fund.

Before raising any contribution governed by this Division, an Applicant Candidate shall: file notice of intent with the State Board in the manner that the State Board requires; and establish a Citizen Funded Campaign Account. Contribution limits. Except as otherwise provided in Subsection (b)(2), the Citizen Funded Campaign Account of an Applicant Candidate shall not accept: Eligible Private Contributions of more than Two Hundred Fifty Dollars ($250) in the aggregate during an Election Cycle; or a loan. The Citizen Funded Campaign Account of an Applicant Candidate may accept contributions and loans up to a total of Six Thousand Dollars ($6,000) from: the Applicant Candidate; and a spouse. Consumer Price Index adjustment. The contribution limit specified in Subsection (b)(1) shall be adjusted for the next election cycle on July 1, 2026, and July 1 of each subsequent fourth year by the increase in the Consumer Price Index for the previous four (4) calendar years, rounded up to the next Ten Dollars ($10). The Director shall publish this amount not later than the January 1 after an adjustment is made. If an Applicant Candidate has a Campaign Finance Entity that was created and used in an election prior to the current Election Cycle: that has an account balance but has not received any contributions, nor made any expenditures or transfers from such Campaign Finance Entity during the current Election Cycle, the Applicant Candidate may file a notice of intent to participate in the Fair Election Fund campaign system if the Applicant Candidate certifies to the State Board that the candidate will freeze the pre-existing Campaign Finance Entity and will not accept any contributions, nor make any expenditures or transfers from such Campaign Finance Entity; or that has an account balance and has received any contributions, made any expenditures or made any transfers from such Campaign Finance Entity during the current Election Cycle, the Applicant Candidate may file a notice of intent to participate in the Fair Election Fund campaign system if the notice of intent is filed 24 months prior to the primary election; during the current Election Cycle, expenditures and transfers made from the pre-existing Campaign Finance Entity prior to filing the notice of intent did not exceed $25,000 for a candidate for County Executive, $10,000 for a candidate of At-Large Council Member, or $5,000 for a candidate of District Council Member; and the Applicant Candidate certifies to the State Board that the candidate will freeze the pre-existing Campaign Finance Entity and will not accept any additional contributions, nor make any additional expenditures or transfers from such Campaign Finance Entity. In the case of an Applicant Candidate subject to paragraph (2), any contributions received from an individual that do not exceed the contribution limit in subsection (b) during the current Election Cycle and prior to filing the notice of intent may be returned to the individual. In such case, the individual may make Eligible Private Contributions to the candidate's Citizen Funded Campaign account in accordance with subsection (b).

Application for certification. An Applicant Candidate shall apply to the State Board for certification. The State Board may only accept an application during the Qualifying Period. An application shall be submitted in the form that the State Board requires. Subject to Subsection (a)(6), an Applicant Candidate may submit only one application for certification for any election. An Applicant Candidate shall include with the application all documentation required by the State or, in the absence of State requirements, the following: a declaration from the Applicant Candidate agreeing to follow the requirements governing the use of a Public Contribution; a campaign finance report that contains the information that the State Board requires for a campaign finance report and that includes, but is not limited to: a list of each Qualifying Contribution received; a list of each expenditure made by the candidate during the Qualifying Period; a copy of the receipt associated with each contribution that identifies the contributor's name and residential address; and a copy of the receipt associated with each expenditure; and a certificate of candidacy for County Executive or County Council. An Applicant Candidate shall not coordinate with a political action committee. If an application is denied, the applicant may resubmit the application once if done before the end of the Qualifying Period. To qualify as a Certified Candidate: a candidate for County Executive shall collect from County Residents at least: Five Hundred (500) Qualifying Contributions; and an aggregate total of Forty Thousand Dollars ($40,000); a candidate for At-Large Council Member shall collect from County Residents at least: Two Hundred Fifty (250) Qualifying Contributions; and an aggregate total of Fifteen Thousand Dollars ($15,000); and a candidate for District Council Member shall collect from County Residents at least: One Hundred Fifty (150) Qualifying Contributions; and an aggregate total of Seven Thousand Five Hundred Dollars ($7,500). Contributions. An Applicant Candidate shall deposit all contributions received into the candidate's Citizen Funded Campaign Account. An Applicant Candidate shall deliver to the State Board a copy of a receipt for each Qualifying Contribution that identifies the contributor's name and residential address and that is signed by the contributor directly or by a digital signature using a method approved by the State Board. The County Executive, after consulting with the State Board, shall promulgate regulations that specify: how and when receipts for Qualifying Contributions from contributors shall be submitted to the State Board; the documents that shall be filed with the State Board for certification; the allowable uses of money in a Citizen Funded Campaign Account; and other policies necessary to implement this Division. Any such regulations shall be submitted to the County Council by resolution for approval.

Within ten (10) days after the State Board receives a complete application for certification, the State Board shall certify an applicant candidate who qualifies for certification. The decision by the State Board whether to certify a candidate is final. If the State Board certifies a candidate, the State Board shall so notify the Director. After notification, the Director shall disburse a public contribution to the candidate's citizen funded campaign account.

In General. The Director shall distribute a public contribution from an election only during: the time beginning 365 days before the primary election for the office the candidate seeks and ending 15 days after the general election; or the time that the County Council sets by resolution for a special election. A Certified Candidate may continue to collect Qualifying Contributions and receive a matching Public Contribution up to a primary or general election. Once the total Public Contribution payable to a Certified Candidate for the Election Cycle is reached, the Certified Candidate may still receive Eligible Private Contributions up to the maximum amount of Two Hundred Fifty Dollars ($250) per donor but the contribution will no longer be matched. All contributions shall include receipts. For purposes of this Subsection, whether an election is a Contested Election shall be determined no later than seven (7) days after the filing deadline preceding the election. The Director shall not disburse a Public Contribution to a Certified Candidate in an election which is not a Contested Election; however, a Certified Candidate may collect Eligible Private Contributions during an uncontested election. Receipts; deposits. To receive a Public Contribution, a Participating Candidate shall submit a receipt to the State Board for each Qualifying Contribution. The receipt shall identify the contributor's name, residential address, and the date of the contribution. The Director shall deposit the appropriate public contribution into a Participating Candidate's Citizen Funded Campaign Account within five (5) business days after the State Board authorizes the Public Contribution. Contributions of less than $1. An individual contribution of less than One Dollar ($1) may be considered under Section 10-325 of this Division but shall not be considered when calculating the Public Contribution under this Section. Amount of distribution. for a Participating Candidate for County Executive, the matching dollars shall equal: Seven Dollars ($7) for each dollar of a Qualifying Contribution received for the first Twenty-Five Dollars ($25) of each Qualifying Contribution; Five Dollars ($5) for each dollar of a Qualifying Contribution received for the next Fifty Dollars ($50) of each Qualifying Contribution; One Dollar ($1) for each dollar of a Qualifying Contribution received for the next Seventy-Five Dollars ($75) of each Qualifying Contribution; and contributions of One Hundred Fifty-One Dollars ($151) to Two Hundred Fifty Dollars ($250) shall not be matched. for a Participating Candidate for County Council, the matching dollars shall equal: Seven Dollars ($7) for each dollar of a Qualifying Contribution received for the first Twenty-Five Dollars ($25) of each Qualifying Contribution; Five Dollars ($5) for each dollar of a Qualifying Contribution received for the next Fifty Dollars ($50) of each Qualifying Contribution; One Dollar ($1) for each dollar of a Qualifying Contribution received for the next Seventy-Five Dollars ($75) of each Qualifying Contribution; and Contributions of One Hundred Fifty-One Dollars ($151) to Two Hundred Fifty Dollars ($250) shall not be matched. The total Public Contribution payable to a Participating Candidate for the Election Cycle, including the primary or a general election, shall not exceed: Seven Hundred Fifty Thousand Dollars ($750,000) for a candidate for County Executive; Two Hundred Thousand Dollars ($200,000) for a candidate for At-Large Council Member; and Seventy-Five Thousand Dollars ($75,000) for a candidate for District Council Member. The Director shall not distribute a Public Contribution based on: a contribution from the candidate, the candidate's spouse, adult sibling or parent; or an in-kind contribution of property, goods, or services. Fund insufficiency. On or before July 1st of the year preceding the primary election, the Director shall determine if the amount in the Fund is sufficient to meet the maximum Public Contributions reasonably expected to be required during the next Election Cycle. 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 shall reduce each Public Contribution by the same percentage. Disbursements after primary election. Within three (3) business days after the County Board certifies the results of the primary election, the State Board shall authorize the Director to continue to disburse the appropriate Public Contribution for the general election to each Participating Candidate who is certified to be on the ballot for the general election. Return of unspent funds. Within thirty (30) 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 shall return to the Fund any unspent money in the candidate's Citizen Funded Campaign Account. On or before December 31, after the general election, a Participating Candidate shall return to the Fund any unspent money in the candidate's Citizen Funded Campaign Account. Candidates nominated by petition or by non-principal political parties. "Principal Political Parties" has the meaning stated in the Annotated Code of Maryland, Elections Law Article, Section 1-101. 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 County Board. A Certified Candidate under this Subsection shall qualify 45 days before the date of the general election. Review of small donor financing by the Commission. In general. After each regularly scheduled general election for office, the Fair Election Fund Commission shall conduct a comprehensive review of the Small Dollar financing program under this Division, including the maximum and minimum dollar amounts of qualified small dollar contributions; the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a Participating Candidate; the maximum amount of payments a candidate may receive under this title; the overall satisfaction of Participating Candidates and the public with the program; the analysis, recommendation and creation of a plan to the County governing body to reduce racial, ethnic, socio-economic and geographic disparities regarding access to public matching funds by participating candidates; and such other matters relating to financing of campaigns as the Fair Election Fund Commission determines are appropriate. Criteria for review. In conducting the review under this Subsection, the Fair Election Fund Commission shall consider the following: Qualified small dollar contributions. The Fair Election Fund Commission shall consider whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Fair Election Fund Commission determines is appropriate. Review of payment levels. The Fair Election Fund Commission shall consider whether the totality of the amount of funds allowed to be raised by Participating Candidates (including through qualified small dollar contributions) and payments under this Division are sufficient for voters in the County to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Fair Election Fund Commission determines is appropriate. Recommendations for adjustments of amounts. Based on the review conducted under this Subsection, the Fair Election Fund Commission may recommend to the County Council adjustments of the following amounts: The number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a Participating Candidate. The maximum amount of payments that may be received under this Division. The Director shall publish these amounts not later than the January 1 after an adjustment is made.

In General. A Participating Candidate may only make expenditures from the Citizen Funded Campaign Account registered with the State Board for expenses incurred once the candidate is certified by the State Board. No previous expenses or prior loans may be paid for with public financing dollars. A Participating Candidate shall not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification. The Director may provide for further limitations for use of Public Contributions through regulation. Except as provided in paragraph (B) of this Subsection, the Director shall reduce the Public Contribution to a Participating Candidate's Citizen 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. 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 shall not reduce the Public Contribution to a Participating Candidate's Citizen Funded Campaign Account. Allegations of impermissible act. A complaint alleging an impermissible receipt or use of funds by a Participating Candidate shall be filed with the State Board. Access to records. On request of the Commission, a Participating Candidate shall provide the Commission with reasonable access to the financial records of the candidate's Citizen Funded Campaign Account. A Participating Candidate shall keep all records for a period of four (4) years after the election to which the documents relate. The records shall be kept by the treasurer unless the State Board has been notified otherwise.

A Participating Candidate may withdraw from participation if the candidate files a statement of withdrawal with the State Board and Commission in the form that the State Board requires and: terminates candidacy to withdraw from the election completely; or withdraws prior to receiving any Public Contribution. Termination of candidacy. A Participating Candidate who withdraws under Subsection (a)(1) shall repay 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. Personal liability. If the funds remaining in the candidate's Citizen Funded Campaign Account at the time of withdrawal are insufficient to repay the Fund under Subsection (b) of this Section, the candidate shall be personally liable for repayment. Reduced repayment. 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 and may consider personal financial hardship.

An applicant candidate or a Participating Candidate shall not: 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; accept private contributions from an individual in an aggregate greater than Two Hundred Fifty Dollars ($250) during an Election Cycle, or the maximum amount of an Eligible Private Contribution, as adjusted by Section 10-324(c); after filing a notice of intent with the State Board to seek public financing, pay for any campaign expense with any campaign finance entity other than the candidate's Citizen Funded Campaign Account; be a member of a slate in any election in which the candidate receives a Public Contribution; transfer money: to the candidate's Citizen Funded Campaign Account from any other campaign finance entity established for the candidate; or from the candidate's Citizen Funded Campaign Account to any other campaign finance entity; or coordinate expenses except with another Participating Candidate if the expenses are shared equally among the coordinating candidates. Affiliation. Pursuant to COMAR 33.13.14, a candidate who accepts Public Contributions may affiliate with any other candidates, including non-publicly financed candidates, on campaign material if: the Citizen Funded Campaign Account makes a direct disbursement to the payee for its share of the costs of the campaign material; and the campaign material displays the authority line of the Citizen Funded Campaign Account. If it is determined that Qualifying Contributions were received in violation of the Annotated Code of Maryland, General Provisions Article, Title 5, Subtitle 8 and a matching Public Contribution was disbursed, the matching Public Contribution shall be returned to the Fund in the full amount.

The Fair Election Fund Commission consists of seven (7) members. The County Council shall nominate five (5) members of the Commission, ensuring that the nominees reflect political and geographic diversity. At least one (1) member shall represent an organization focused on government reform. The County Executive shall nominate two (2) members of the Commission. Each nominee shall be confirmed by the County Council. Qualifications. Each member of the Commission shall be a resident of the County. A member of the Commission shall not be a candidate for public office during the previous, current, or next election cycle. A member shall not be a lobbyist registered with the County or State. A member shall not be the Chair or Treasurer for an open campaign account. A member shall be a registered voter. Term; vacancies. The term of a member of the Commission is four (4) years and begins on May 1. The term of a member of the Commission nominated by the County Executive begins during the first year of a County Council term. The term of a member of the Commission nominated by a member of the County Council begins during the third year of a County Council term. A vacancy shall be filled in the same manner as the original appointment and for the unexpired term. Notwithstanding paragraph (1) of this Subsection, to create staggered terms, the terms of the initial members of the Commission who are nominated by the County Council shall be six (6) years and shall begin on May 1, 2019. Officers. The Commission shall elect a Chairperson and Vice Chairperson from among its members. Compensation; expenses. A member of the Commission shall not receive compensation for service on the Commission except reasonable and necessary expenses as may be provided in the budget. Duties. The Commission shall issue a report to the Council on or before March 1 of each year estimating the funds necessary to implement the public campaign finance system and recommending an appropriation to the Fair Election Fund for the following fiscal year. Except as otherwise specified, the Commission shall administer this Division and ensure the funds are distributed on an equitable basis. The Commission shall meet: at least once every ninety (90) days during the twelve (12) months preceding a primary election; and at least twice a year otherwise. Staff. The Office of Finance shall provide staff support for the Commission to: work with the State Board of Elections to administer the system; and provide information about the system to candidates and the public.

Any violation of this Division is a civil violation and shall be subject to a fine of Five Hundred Dollars ($500) for each violation. A fine may be paid by the campaign but 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.

The first election cycle during which a Certified Candidate shall be eligible to receive matching Public Contributions under this Act shall be the 2026 Election Cycle.