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<section number="10-327" name="Distribution of public contribution" law="code" slug="sec-10-327" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV26FAELFU_S10-327DIPUCO">
  <level label="a">
    <text>In General.</text>
    <level label="1">
      <text>The Director shall distribute a public contribution from an election only during:</text>
      <level label="A">
        <text>the time beginning 365 days before the primary election for the office the candidate seeks and ending 15 days after the general election; or</text>
      </level>
      <level label="B">
        <text>the time that the County Council sets by resolution for a special election.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <text>Receipts; deposits.</text>
    <level label="1">
      <text>To receive a Public Contribution, a Participating Candidate shall submit a receipt to the State Board for each Qualifying Contribution.</text>
    </level>
    <level label="2">
      <text>The receipt shall identify the contributor's name, residential address, and the date of the contribution.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>Amount of distribution.</text>
    <level label="1">
      <text>for a Participating Candidate for County Executive, the matching dollars shall equal:</text>
      <level label="A">
        <text>Seven Dollars ($7) for each dollar of a Qualifying Contribution received for the first Twenty-Five Dollars ($25) of each Qualifying Contribution;</text>
      </level>
      <level label="B">
        <text>Five Dollars ($5) for each dollar of a Qualifying Contribution received for the next Fifty Dollars ($50) of each Qualifying Contribution;</text>
      </level>
      <level label="C">
        <text>One Dollar ($1) for each dollar of a Qualifying Contribution received for the next Seventy-Five Dollars ($75) of each Qualifying Contribution; and</text>
      </level>
      <level label="D">
        <text>contributions of One Hundred Fifty-One Dollars ($151) to Two Hundred Fifty Dollars ($250) shall not be matched.</text>
      </level>
    </level>
    <level label="2">
      <text>for a Participating Candidate for County Council, the matching dollars shall equal:</text>
      <level label="A">
        <text>Seven Dollars ($7) for each dollar of a Qualifying Contribution received for the first Twenty-Five Dollars ($25) of each Qualifying Contribution;</text>
      </level>
      <level label="B">
        <text>Five Dollars ($5) for each dollar of a Qualifying Contribution received for the next Fifty Dollars ($50) of each Qualifying Contribution;</text>
      </level>
      <level label="C">
        <text>One Dollar ($1) for each dollar of a Qualifying Contribution received for the next Seventy-Five Dollars ($75) of each Qualifying Contribution; and</text>
      </level>
      <level label="D">
        <text>Contributions of One Hundred Fifty-One Dollars ($151) to Two Hundred Fifty Dollars ($250) shall not be matched.</text>
      </level>
    </level>
    <level label="3">
      <text>The total Public Contribution payable to a Participating Candidate for the Election Cycle, including the primary or a general election, shall not exceed:</text>
      <level label="A">
        <text>Seven Hundred Fifty Thousand Dollars ($750,000) for a candidate for County Executive;</text>
      </level>
      <level label="B">
        <text>Two Hundred Thousand Dollars ($200,000) for a candidate for At-Large Council Member; and</text>
      </level>
      <level label="C">
        <text>Seventy-Five Thousand Dollars ($75,000) for a candidate for District Council Member.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>The Director shall not distribute a Public Contribution based on:</text>
    <level label="1">
      <text>a contribution from the candidate, the candidate's spouse, adult sibling or parent; or</text>
    </level>
    <level label="2">
      <text>an in-kind contribution of property, goods, or services.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
  <level label="i">
    <text>Candidates nominated by petition or by non-principal political parties.</text>
    <level label="1">
      <text>"Principal Political Parties" has the meaning stated in the Annotated Code of Maryland, Elections Law Article, Section 1-101.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>A Certified Candidate under this Subsection shall qualify 45 days before the date of the general election.</text>
    </level>
  </level>
  <level label="j">
    <text>Review of small donor financing by the Commission.</text>
    <level label="1">
      <text>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</text>
      <level label="A">
        <text>the maximum and minimum dollar amounts of qualified small dollar contributions;</text>
      </level>
      <level label="B">
        <text>the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a Participating Candidate;</text>
      </level>
      <level label="C">
        <text>the maximum amount of payments a candidate may receive under this title;</text>
      </level>
      <level label="D">
        <text>the overall satisfaction of Participating Candidates and the public with the program;</text>
      </level>
      <level label="E">
        <text>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</text>
      </level>
      <level label="F">
        <text>such other matters relating to financing of campaigns as the Fair Election Fund Commission determines are appropriate.</text>
      </level>
    </level>
    <level label="2">
      <text>Criteria for review. In conducting the review under this Subsection, the Fair Election Fund Commission shall consider the following:</text>
      <level label="A">
        <text>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.</text>
      </level>
      <level label="B">
        <text>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.</text>
      </level>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="A">
        <text>The number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a Participating Candidate.</text>
      </level>
      <level label="B">
        <text>The maximum amount of payments that may be received under this Division.</text>
      </level>
    </level>
    <level label="4">
      <text>The Director shall publish these amounts not later than the January 1 after an adjustment is made.</text>
    </level>
  </level>
</section>
