Unless otherwise provided by law, this subtitle applies to all campaign finance activity associated with an election under this article.

This section does not apply to a candidate for election to the central committee of a political party if the candidate during an election cycle does not: spend more than $1,000 in personal funds; or accept contributions. Unless otherwise expressly authorized by law, all campaign finance activity for an election under this article shall be conducted through a campaign finance entity. An individual may not file a certificate of candidacy or a declaration of intent under § 5–703 or § 5–703.1 of this article until the individual establishes, or causes to be established, an authorized candidate campaign committee. A circulator may not collect signatures for a petition under Article XI–A, Article XI–F, or Article XVI of the Maryland Constitution or under § 9–205 of the Local Government Article until the sponsor of the petition establishes a ballot issue committee.

Each campaign finance entity shall comply with the reporting requirements of Subtitle 3 of this title.

This section applies to a political committee other than a political club. A political committee may not receive or disburse money or any other thing of value unless the political committee is established in accordance with the requirements of this section. To establish a political committee: a chairman and a treasurer shall be appointed on a form that the State Board prescribes and that is signed by the chairman and treasurer and includes: the residence addresses of the chairman and the treasurer; if the chairman and treasurer affirmatively consent to receiving notice under this title only by electronic mail, the electronic mail address of the chairman and the treasurer; and the information required by § 13–208 of this subtitle; and the form shall be filed with the State Board. The chairman or treasurer of a political committee shall notify the State Board of a change in the residence address of the chairman or treasurer no later than 21 days before the day on which the political committee’s next campaign finance report is due under § 13–309 of this title. The chairman or treasurer of a political committee shall notify the State Board of a change in the electronic mail address of the chairman or treasurer by the date specified in paragraph (3) of this subsection if the chairman and treasurer of the political committee have affirmatively consented to receiving notice under this title only by electronic mail. A chairman or treasurer of a political committee may resign by completing a resignation form that the State Board prescribes and filing the form with the State Board. If a vacancy occurs in the office of chairman or the office of treasurer, the political committee promptly shall appoint a new chairman or treasurer in accordance with this section. A political committee may not receive or disburse money or any other thing of value if there is a vacancy in the office of chairman or the office of treasurer.

This section applies to a political committee other than a political club. A political committee shall provide, with the filing required by § 13-207(c) of this subtitle, a statement of organization that includes its name and a statement of purpose. The statement of purpose shall specify: each candidate or ballot question, if any, that the political committee was formed to promote or defeat; the identity of each special interest, including any business or occupation, that the organizers of or contributors to the political committee have in common; and whether the political committee will participate in presidential, gubernatorial, Baltimore City, or multiple elections. A political committee may not use a name that is intended or operates to deceive people as to the political committee’s true nature or character. A political committee established by and for a single candidate shall disclose within the political committee’s name the name of the candidate. A political committee sponsored by or affiliated with another entity or group shall identify within the political committee’s name the other entity or group. A change in the information reported under this section shall be disclosed in the campaign finance report next filed by the political committee.

Each political party may establish one legislative party caucus committee for each House of the General Assembly. The State Board shall adopt regulations governing the establishment, structure, and operation of legislative party caucus committees.

Two or more candidates who have established separate campaign finance entities may form a slate. After establishing a campaign finance entity in accordance with § 13–202(c) of this subtitle, a candidate may join a slate. To join a slate, a candidate shall file a written notice with the State Board. The notice shall specify: the name of the slate that the candidate has joined; and the date on which the candidate joined the slate. A candidate may join a slate or continue as a member of a slate only if: the candidate has filed a certificate of candidacy; or the candidate is an incumbent officeholder; and the deadline for filing a certificate of candidacy for the office the candidate holds has not passed.

In this section, “lobbyist” means a regulated lobbyist as described in the State Government Article. A lobbyist, or person acting on behalf of a lobbyist, may be subject to the limitations on campaign finance activity prescribed in the General Provisions Article.

An individual may appoint a campaign manager by: completing a form that the State Board prescribes and that includes the name and address of that campaign manager; and filing the form with the board where the individual is required to file a certificate of candidacy.

The responsible officers of a campaign finance entity are jointly and severally responsible for: filing all campaign finance reports in full and accurate detail; and except as otherwise provided in this title, all other actions of the entity. Notice shall be provided to a campaign finance entity by serving the responsible officers. The State Board satisfies all notice requirements under this title by sending notices to the addresses provided by the responsible officers of a campaign finance entity under § 13–207(c) of this subtitle.

Each chairman, treasurer, and campaign manager shall be a registered voter of the State. Subject to paragraph (2) of this subsection, a candidate may not act: as the treasurer of a campaign finance entity of the candidate; or with respect to any other campaign finance entity: as the campaign manager or treasurer; or in any other position that exercises general overall responsibility for the conduct of the entity. An incumbent member of a central committee who is a candidate for election to party office may act as a responsible officer of that central committee. With respect to any campaign finance entity other than the candidate’s own campaign finance entity, a candidate for delegate to the Democratic National Convention or a candidate for delegate to the Republican National Convention may act: as the campaign manager or treasurer; or in any other position that exercises general overall responsibility for the conduct of the entity. Subject to subsection (b) of this section, the chairman, treasurer, or campaign manager of a campaign finance entity may serve as the chairman, treasurer, or campaign manager of another campaign finance entity.

All assets received by or on behalf of a campaign finance entity shall be: delivered to the treasurer; and maintained by the treasurer for the purposes of the campaign finance entity. Assets of a campaign finance entity may be disbursed only: if they have passed through the hands of the treasurer; and in accordance with the purposes of the entity. Subject to § 13–220(b)(2) and (c) of this subtitle and except as provided in subsection (d) of this section, the treasurer shall approve all disbursements for the campaign finance entity. The treasurer of a State or county central committee of a political party may not approve any disbursement of the central committee’s assets, or incur any liability on its behalf, without authority and direction from the chairman of the central committee. If the treasurer of a campaign finance entity is temporarily unable to perform the duties of the office, the chairman of the campaign finance entity may approve a disbursement on behalf of the campaign finance entity in the same manner as the treasurer. If the chairman approves a disbursement under this subsection, within 7 days after approving the disbursement, the chairman shall submit a report to the treasurer for the account book of the campaign finance entity, including: a statement of the expenditure approved under the authority of the chairman; the name and address of the person to whom the expenditure was made; the purpose for which the expenditure was made; and a copy of the receipt for the expenditure that was made. A chairman who is a candidate may not approve a disbursement for a campaign finance entity.

Each campaign finance entity shall designate one or more campaign accounts. Each designated campaign account shall: be in a financial institution; and be registered in a manner that identifies it as the account of a campaign finance entity. A campaign finance entity shall deposit all funds received in a designated campaign account. Subject to paragraph (2) of this subsection and subsection (c) of this section, a campaign finance entity may not directly or indirectly make a disbursement except from a campaign account designated under subsection (a) of this section. A campaign finance entity, or a person authorized by the campaign finance entity, may pay an expense of the campaign finance entity from funds other than a campaign account if: the expense is supported by a receipt that is provided to the campaign finance entity; and the campaign finance entity reimburses the person who paid the expense from the campaign account and reports the expense as an expenditure of the campaign finance entity in accordance with Subtitle 3 of this title. A campaign finance entity may maintain a petty cash fund. The campaign finance entity shall maintain a separate account book for the petty cash fund. The petty cash fund: may not exceed $250 at any time; and may be replenished only by check from a campaign account designated under subsection (a) of this section. Not more than $25 may be disbursed from the petty cash fund in a primary or general election to a single recipient. Each petty cash expenditure shall be supported by a receipt and reported by category on the appropriate campaign finance report. This subsection does not authorize an expenditure that otherwise is unlawful under this article. Subject to paragraph (3) of this subsection, a campaign finance entity may make a disbursement only by: check; or an electronic method that the State Board authorizes by regulation. An electronic method of making a disbursement that the State Board authorizes under this subsection shall ensure that: the identity of the person making the disbursement may be verified; the transaction is secure; and there is an adequate record of the transaction. A campaign finance entity may make a disbursement to compensate a responsible officer of the campaign finance entity only by check. Within 30 days after filing a campaign finance report at the State Board, the treasurer of an authorized candidate campaign committee shall provide both the candidate and the chairman with a copy of the most recent campaign account bank statement.

Each central committee of a political party or legislative party caucus committee may establish one administrative account. Disbursements from an administrative account may be made only for nonelectoral purposes. A donation to an administrative account: may be made only if the donor is aware that the donation will be used for nonelectoral purposes and consents to that use before making the donation; and is not subject to § 13–226(b) of this subtitle. A campaign finance entity may not make a transfer to an administrative account. The State Board shall adopt regulations that: define permissible nonelectoral disbursements from an administrative account; and require disclosure of: donations to an administrative account; and disbursements from an administrative account.

Each political action committee may establish one compliance account. Disbursements from a political action committee compliance account may be made only for purposes of record keeping, reporting, and any other work necessary to comply with the requirements of this title, including accounting and legal services. A disbursement from a political action committee compliance account may not be made for the purpose of soliciting contributions for the political action committee. A donation to a political action committee compliance account: may be made only if the donor is aware that the donation will be used for the purposes described in subsection (b) of this section and consents to that use before making the donation; and is not subject to § 13–226 of this subtitle. A campaign finance entity may not make a transfer to a political action committee compliance account. The State Board shall adopt regulations that: define permissible donations to and disbursements from a political action committee compliance account; and require disclosure of: donations to a political action committee compliance account; and disbursements from a political action committee compliance account.

The treasurer of a campaign finance entity shall keep a detailed and accurate account book of all assets received, expenditures made, and obligations incurred by or on behalf of the entity. Except as provided in § 13–240 of this subtitle, as to each asset received or expenditure made, the account book shall state: its amount or value; the date of the receipt or expenditure; the name and address of the person from whom the asset was received or to whom the expenditure was made; and a description of the asset received or the purpose for which the expenditure was made. To the extent practicable, the treasurer of a campaign finance entity shall record the occupation and employer of an individual who makes contributions to the campaign finance entity in a cumulative amount of $500 or more during an election cycle. The State Board shall: promptly provide notice to the treasurer of a campaign finance entity if a contributor included on a campaign finance report submitted by the treasurer has made contributions to the campaign finance entity in a cumulative amount of $500 or more during the election cycle; and require a standard response that a treasurer shall include in the campaign finance report if a contributor does not supply the information required concerning the contributor’s occupation and employer. Each expenditure made from a campaign account shall be supported by a receipt. The account books and related records of a campaign finance entity shall be preserved until the earlier of: 10 years after the creation of an account book entry or related record; or 2 years after the campaign finance entity files a final campaign finance report under Subtitle 3 of this title. A candidate for election to the central committee of a political party who is exempt under § 13–202(a) of this subtitle shall: keep a detailed and accurate account book of all expenditures made by the candidate; and preserve the account book required under item (1) of this subsection for auditing purposes until 2 years after the end of the election cycle.

By the next deadline for filing a campaign finance report after receiving a contribution specified in paragraph (2) of this subsection, a treasurer shall issue a campaign contribution receipt on the form that the State Board prescribes. A campaign contribution receipt shall be mailed or delivered to each person who makes one or more contributions in the cumulative amount of $51 or more. At the request of a contributor, a treasurer shall issue a campaign contribution receipt for any other contribution. A campaign contribution receipt issued under this section is evidence of the contribution. The information from a campaign contribution receipt shall be included in the campaign finance report filed by the treasurer under this title.

In this section the following words have the meanings indicated. “Disbursement” means: an independent expenditure for campaign material that is a public communication, as defined in § 13–306 of this title; a disbursement for electioneering communications, as defined in § 13–307 of this title; or a political disbursement, as defined in § 13–309.2 of this title. “Donation” has the meaning stated in § 13–306, § 13–307, or § 13–309.2 of this title. “Solicitation” means a request for contributions or donations to a person disseminated through any medium. This section applies only to: a person required to file reports under § 13–306, § 13–307, or § 13–309.2 of this title; and a political action committee that: is not affiliated with a corporation or labor organization; and exclusively makes independent expenditures or disbursements for electioneering communications. If a person subject to this section solicits for the benefit of a candidate or a political party and uses a candidate’s name, image, or likeness in the solicitation, the person shall clearly and conspicuously include on the solicitation the following disclaimer or a substantially similar disclaimer: “The (name, image, or likeness) of (name of candidate or political party) on this solicitation is included without the knowledge or permission of (name of candidate or political party), and does not imply authorization or approval by (name of candidate or political party).”. If a person subject to this section solicits for what appears to be an electoral or a political purpose, the person shall disclose in a clear and conspicuous manner on each solicitation disseminated by the person: the five recipients to which the person made the largest expenditures or disbursements during the immediately preceding calendar quarter; and the total amount of expenditures or disbursements made to each recipient. The State Administrator, or the State Administrator’s designee, may investigate a potential violation of this section. The State Administrator, or the State Administrator’s designee, shall: notify a person who is subject to an investigation under this subsection of the circumstances that gave rise to the investigation; and provide the person ample opportunity to be heard at a public meeting of the State Board. In furtherance of an investigation under this subsection, the State Administrator, or the State Administrator’s designee, may issue a subpoena for the attendance of a witness to testify or the production of records. A subpoena issued under this paragraph shall be served in accordance with the Maryland Rules. For a subpoena to be issued under this paragraph, the State Administrator shall make a finding that the subpoena is necessary to and in furtherance of an investigation being conducted under this subsection. A filing submitted to a court with respect to a subpoena under this paragraph shall be sealed on filing. If a person fails to comply with a subpoena issued under this paragraph, on petition of the State Administrator, a circuit court of competent jurisdiction may compel compliance with the subpoena. At the conclusion of the investigation and following the hearing under paragraph (2)(ii) of this subsection, the State Board shall issue a public report of its findings and may: prohibit a person who violated this section from soliciting contributions or donations for a period of time determined by the State Board; or impose a civil penalty on a person who violated this section as provided in subsection (f) of this section. A person who violates this section is not subject to: a criminal penalty under § 13–603 of this title; a civil penalty under § 13–604 of this title; or investigation by the State Prosecutor. The State Board may impose a civil penalty for a violation of this section. A civil penalty: shall be assessed in the manner specified in § 13–604.1 of this title; and may not exceed $10,000. The State Board may adopt regulations to carry out this section.

Except as otherwise provided by law, contributions may be made only in accordance with this Part V of this subtitle.

The limits on contributions in this section do not apply to: a contribution to a ballot issue committee; or those contributions defined as transfers. Subject to subsections (c) and (d) of this section, a person may not, either directly or indirectly, in an election cycle make aggregate contributions in excess of: $6,000 to any one campaign finance entity; or $24,000 to all campaign finance entities. Notwithstanding subsection (b) of this section, a central committee of a political party or legislative party caucus committee may make aggregate in–kind contributions to a single candidate during an election cycle that are not in excess of: for a State central committee or legislative party caucus committee, $1 for every two registered voters in the State; and for a local central committee, $1 for every two registered voters in the county. For the purposes of paragraph (1) of this subsection, the number of registered voters is determined, regardless of party affiliation, as of the first day of the election cycle. The limit on contributions to the campaign finance entity of a candidate applies regardless of the number of offices sought by the candidate or campaign finance entities formed to support the candidate. In this subsection, “business entity” includes a corporation, a sole proprietorship, a general partnership, a limited partnership, a limited liability company, a real estate investment trust, or other entity. Contributions by two or more business entities shall be considered as being made by one contributor if: one business entity is a wholly owned subsidiary of another; or the business entities are owned or controlled by at least 80% of the same individuals or business entities.

In this section, a “campaign finance entity” includes a nonfederal out–of–state political committee. The limits on transfers set forth in subsection (c) of this section do not apply to a transfer: by a campaign finance entity to a ballot issue committee; by the authorized candidate campaign committee of a member of a slate to a slate of which the candidate is a member; by the authorized candidate campaign committees of the candidates that a legislative party caucus committee seeks to elect to the legislative party caucus committee; and between or among: political committees that are State or local central committees of the same political party; a slate and the authorized candidate campaign committees of its members, if the only members of the slate are a candidate for Governor and a candidate for Lieutenant Governor who are running on the same ticket; and the authorized candidate campaign committee of a candidate. Subject to paragraphs (2) and (3) of this subsection, during an election cycle, a campaign finance entity may not directly or indirectly make transfers in a cumulative amount of more than $6,000 to any one other campaign finance entity. During an election cycle, a slate may not make transfers directly or indirectly to the authorized candidate campaign committee of any single member of the slate in a cumulative amount of more than $24,000. During an election cycle, a legislative party caucus committee may not make transfers directly to the authorized candidate campaign committee of a candidate that the legislative party caucus committee seeks to elect in a cumulative amount of more than $24,000. All affiliated campaign finance entities are treated as a single entity in determining: the amount of transfers made by a campaign finance entity; and the amount of transfers received by a campaign finance entity. Campaign finance entities are deemed to be affiliated if they: are organized and operated in coordination and cooperation with each other; or otherwise conduct their operations and make their decisions relating to transfers and other contributions under the control of the same individual or entity. The limit on transfers to the campaign finance entities of a candidate prescribed in subsection (c) of this section applies regardless of the number of offices sought by the candidate.

A political action committee that makes a transfer to the campaign finance entity of a candidate or to a slate shall: display its official name, as filed with the State Board under this subtitle, in a prominent place on the face of the check by which the funds are transferred; and include in a prominent place on the face of the check: the words “political action committee” or the notation “PAC”, to indicate that the transferor is a political action committee; or if the political action committee is organized under Maryland law, the words “Maryland registered political action committee” or the notation “MD registered PAC” to indicate that the transferor is a Maryland political action committee.

A transfer is not allowed if it is intended to conceal the source of the funds or the intended recipient.

A loan to a campaign finance entity is considered a contribution in the amount of the outstanding principal balance of the loan unless: the loan is from a financial institution or other entity in the business of making loans; or the loan is to the campaign finance entity of a candidate and: repayment of the loan is personally guaranteed by the candidate; and the election cycle immediately following the election cycle in which the loan was made has not ended. Subject to subsection (c)(2) of this section, uncharged interest on a loan is a contribution. Uncharged interest is the amount by which, during a reporting period, the interest actually charged on the loan is less than the interest on the loan computed at the prime rate applicable on the day the loan was made. Subject to paragraph (2) of this subsection, the terms of a loan to a campaign finance entity shall: be in writing; include the lender’s name, address, and signature; state the schedule for repayment of the loan; state the interest rate of the loan; and be attached to the campaign finance report required of the entity under Subtitle 3 of this title for the reporting period during which the loan was made. A loan by a candidate or the candidate’s spouse to a campaign finance entity of the candidate is not required to comply with paragraph (1) of this subsection. Unless a loan by a candidate or the candidate’s spouse to a campaign finance entity of the candidate complies with paragraph (1) of this subsection: the loan may not accrue interest; any interest foregone on the loan is not a contribution under subsection (b) of this section; and the campaign finance entity is not subject to: § 13-310(a) and (b) of this title so long as the loan has an outstanding principal balance; and subsection (a)(2)(ii) of this section. A loan may not be made to a campaign finance entity of a candidate, or accepted on behalf of the entity, without the express written consent of the candidate. The written consent of the candidate constitutes the personal guarantee of the candidate for repayment of the loan only if the document expressly so provides. A copy of the candidate’s written consent shall be: furnished to the lender when the loan is made; and attached to the campaign finance report required of the entity under Subtitle 3 of this title for the reporting period during which the loan was made.

Contributions or loans to a campaign finance entity of a candidate from the personal funds of the candidate or the candidate’s spouse are not subject to the contribution limits under § 13-226 of this subtitle. Expenditures from personal funds by the candidate or the candidate’s spouse for personal expenses of the candidate for filing fees, telecommunication services, travel, and food are not contributions. A contribution or loan to a campaign finance entity of a candidate by the candidate or the candidate’s spouse shall pass through the hands of the treasurer of the entity and be reported in accordance with Subtitle 3 of this title.

Except as provided in subsection (b) of this section, a contribution is attributable to the election cycle in which it is received. A contribution by check is attributable to the election cycle in which the check is issued.

This Part V of this subtitle does not affect the right of an individual to volunteer the individual’s time or, for transportation incident to an election, personal vehicle.

A contribution of money may be made only by: check; credit card; cash, if the contribution does not exceed $100 in an election cycle; or an electronic method that the State Board authorizes by regulation. An electronic method of making a contribution that the State Board authorizes under this section shall ensure that: the identity of the person making the contribution may be verified; the transaction is secure; and there is an adequate record of the transaction.

This section applies to the following officials: the Governor; the Lieutenant Governor; the Attorney General; the Comptroller; the State Treasurer; and a member of the General Assembly. Except as provided in subsection (c), (d), or (e) of this section, during a regular session of the General Assembly an official described in subsection (a) of this section, or a person acting on behalf of the official, may not, as to a candidate for federal, State, or local office, or a campaign finance entity of the candidate or any other campaign finance entity organized under this title and operated in coordination with a candidate: receive a contribution; conduct a fund–raising event; solicit a contribution; or deposit or use any contribution of money that was not deposited prior to the session. An official described in subsection (a) of this section, or a person acting on behalf of the official, is not subject to this section when engaged in activities solely related to the official’s election to an elective federal or local office for which the official is a filed candidate. Under the Public Financing Act, a gubernatorial ticket, during the year of the election only, may accept eligible private contributions and any disbursement of funds by the State Board that is based on the eligible private contributions. An official described in subsection (a) of this section, or a person acting on behalf of the official, may deposit a contribution during the legislative session if the contribution was made electronically before the start of the session. As to a violation of this section, the campaign finance entity of the official in violation is liable for a civil penalty as provided in § 13–604.1 of this title. A civil penalty imposed under this subsection shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article.

An entity that at any time during an election cycle derives the majority of its operating funds from the State may not make a contribution to any campaign finance entity during that election cycle.

In this section, “foreign principal” has the meaning stated in 22 U.S.C. § 611(b). A foreign principal may not: make a contribution to a ballot issue committee; or make a donation to a person that makes independent expenditures or electioneering communications relating to a ballot issue.

In this section the following words have the meanings indicated. “Own” has the meaning stated in § 9–1A–01 of the State Government Article. “Video lottery facility” has the meaning stated in § 9–1A–01 of the State Government Article. “Video lottery operation license” has the meaning stated in § 9–1A–01 of the State Government Article. This section applies to the following persons: an applicant for a video lottery operation license; a holder of a video lottery operation license; or a person who owns an interest in the operation of a video lottery facility in this State. This section does not apply to gaming activity that an eligible organization is authorized to conduct under the Criminal Law Article. A person subject to this section may not, directly or indirectly, make a contribution to: the campaign finance entity of a candidate for any nonfederal public office in the State; or any other campaign finance entity organized in support of a candidate for any nonfederal public office in the State.

A person may not make a monetary contribution using any currency other than United States currency. A person may not make a monetary donation using any currency other than United States currency to a person required to register under § 13–306 or § 13–307 of this title. A campaign finance entity may not accept a monetary contribution made using any currency other than United States currency. A person required to register under § 13–306 or § 13–307 of this title may not accept a monetary donation made using any currency other than United States currency.

Except as provided in § 13–240 of this subtitle, if a campaign finance entity receives a contribution from an anonymous source, the campaign finance entity: may not use the contribution for any purpose; and shall remit the contribution to the Fair Campaign Financing Fund established under § 15–103 of this article.

If a campaign finance entity receives a contribution as a result of a violation of § 13–602(a)(5) of this title for which the contributor has been convicted, the campaign finance entity: may not use the contribution for any purpose; and shall remit the contribution to the Fair Campaign Financing Fund established under § 15–103 of this article.

This section applies to a spin or chance on a paddle wheel or wheel of fortune or a raffle that is authorized under the laws of this State to operate at a campaign fund–raising event. Except as provided in § 13–304(d) of this title, but notwithstanding § 13–239 of this subtitle or any other law that prohibits an anonymous contribution, a political committee may accept contributions received from the sale of a spin or chance or a raffle ticket, and need not identify the individual contributor on its campaign finance reports, if: the account book of the political committee includes: the net amount received by the political committee from the raffle, spin, or chance at the fundraising event at which the sale was made; and the name and address of each person who attended the event; no spin or chance is sold at the event for more than $2; the net income of the sponsoring political committee from spins and chances at the event does not exceed $1,500 in a 24–hour period; the total receipts of the sponsoring political committee from spins and chances in that election do not exceed $2,500; a raffle is conducted in accordance with § 12–106(b) of the Criminal Law Article; and the political committee includes on its campaign finance report: a lump sum contribution of the net amount received by the political committee from the raffle, spin, or chance at the fundraising event; and the total number of persons purchasing a raffle ticket, spin, or chance at the event. If a political committee raises funds in excess of a limit specified in this section, the political committee shall: donate the excess to a charity of its choice; or identify in its account book the amount received from each individual who purchased a spin or chance. The State Board shall adopt regulations to implement this section.

An employer may establish a program for collecting from employees by means of payroll deductions voluntary contributions to one or more campaign finance entities selected by the employer. Periodic contributions collected by payroll deductions under a program established under subsection (a) of this section shall be combined and accumulated in a segregated escrow account maintained solely for that purpose. An employer shall keep detailed and accurate records of each payroll deduction made under subsection (a) of this section, including: the name and address of the contributor; the date on which the contribution is withheld; the amount of the contribution; and the disposition of the contribution. Within 3 months after withholding a contribution under this section, the employer shall transmit the contribution to the appropriate campaign finance entity, together with the information recorded under subsection (c)(1), (2), and (3) of this section. In soliciting an employee to make a contribution to a campaign finance entity by payroll deduction, an employer shall inform the employee of: the political purposes of the campaign finance entity; and the employee’s right to refuse to contribute to the campaign finance entity without reprisal. An employer may not receive or use money or anything of value under this section if it is obtained: by actual or threatened: physical force; job discrimination; or financial reprisal; or as: a result of a commercial transaction; or dues, fees, or other assessment required as a condition of membership in a labor organization or employment.

In this section the following words have the meanings indicated. “Affiliated political action committee” means a political action committee affiliated with an employee membership entity. “Employee membership entity” means an organization whose membership includes employees of the employer. If an employer withholds from employees by payroll deduction the employees’ dues to an employee membership entity: the employee also may make contributions by payroll deduction to one or more affiliated political action committees selected by the employee; and the employer shall collect the contributions and transmit them to the employee membership entity designated by the employee in accordance with the requirements of subsection (c) of this section. Periodic contributions collected by payroll deductions pursuant to a program established under subsection (b) of this section shall be: combined and accumulated in a segregated escrow account maintained solely for that purpose; and transmitted to the employee membership entity within 30 days of being withheld, together with the information required under subsection (d)(1) through (4) of this section. An affiliated political action committee, in conjunction with its employee membership entity and the employer, shall keep detailed and accurate records of each contribution under subsection (b) of this section, including: the name and address of the contributor; the date on which the contribution was made; the amount of the contribution; the name of the affiliated political action committee designated by the employee to receive the contribution; and the date on which the contribution was received by the employee membership entity and the affiliated political action committee. Within 30 days after it receives a contribution under subsection (c) of this section, the employee membership entity shall transmit the contribution: to its affiliated political action committee; or if a contribution is designated for a political action committee affiliated with a State or local chapter of the employee membership entity, to the State or local chapter of the employee membership entity. Within 5 days after it receives a contribution under paragraph (1)(ii) of this subsection, the State or local chapter of the employee membership entity shall transmit the contribution to its affiliated political action committee. An employee membership entity, including a State or local chapter, that transfers contributions in accordance with paragraph (1) or (2) of this subsection shall include the information recorded under subsection (d) of this section that is received from the employer. An employer, employee membership entity, or affiliated political action committee, may not solicit, receive, or use employee contributions in a manner that would be prohibited under § 13–241(e) and (f) of this subtitle if performed by an employer.

In this section the following words have the meanings indicated. “Affiliated political action committee” means a political action committee affiliated with a membership entity. “Membership entity” means an organization that collects dues from its members. A membership entity may establish a program for periodically collecting from its members and accumulating voluntary contributions by the members to an affiliated political action committee if those contributions are collected together with: membership dues invoiced and collected by the membership entity; or contributions by the members to a political action committee established under federal law, if that political action committee is also affiliated with the membership entity. A membership entity shall keep detailed and accurate records of each contribution received under subsection (b) of this section, including: the name and address of the contributor; the date on which the contribution is withheld; the amount of the contribution; and the disposition of the contribution. Within 30 days after being received, a contribution under this section shall be transmitted by the membership entity, with the information recorded under subsection (c)(1), (2), and (3) of this section, to its affiliated political action committee. In soliciting a member, by joint invoice for membership dues or for a contribution to an affiliated federal political action committee, to make a contribution to its affiliated political action committee, a membership entity shall inform the member of: the political purposes of the affiliated political action committee; and the member’s right to refuse to contribute to the political action committee without reprisal. An employee membership entity or its affiliated political action committee entity may not receive or use money or anything of value under this section if it is obtained: by actual or threatened: physical force; membership discrimination; or financial or professional reprisal; or as dues, fees, or other assessment required as a condition of membership.

In this section the following words have the meanings indicated. “Electioneering communication” has the meaning stated in § 13–307 of this title. “Person” includes a vendor for: a political committee; or a person making independent expenditures or electioneering communications. A person soliciting a recurring contribution for a political committee or a recurring donation for an independent expenditure or electioneering communication may accept the recurring contribution or donation only if the contributor or donor gives affirmative consent for the recurring contribution or donation. The passive action of a contributor or donor, including failing to uncheck a pre–checked box authorizing a recurring contribution or donation, does not meet the requirement of affirmative consent under paragraph (1) of this subsection. If a contributor or donor affirmatively consents to making a recurring contribution or donation, the person soliciting the recurring contribution or donation shall: in addition to the receipt required under § 13–222 of this subtitle, provide a receipt to the contributor or donor for each contribution or donation that clearly and conspicuously discloses: the frequency of the recurring contributions or donations; the duration of the recurring contributions or donations; and all information needed to cancel a recurring contribution or donation; and immediately cancel the recurring contributions or donations at the request of the contributor or donor. A political committee that obtains a contribution in violation of this section shall return the contribution to the contributor immediately after obtaining the contribution. The amount of any contribution obtained in violation of this section is an outstanding obligation of the political committee that obtained the contribution until the contribution is repaid to the contributor. A person making independent expenditures or electioneering communications who obtains a donation in violation of this section shall return the donation to the donor immediately after obtaining the donation. The amount of any donation obtained in violation of this section is an outstanding obligation of the person making independent expenditures or electioneering communications who obtained the donation until the donation is repaid to the donor.

In this section, “walk-around services” means the following activities if performed for money while the polls are open: distributing campaign material; stationing a person, including oneself, or an object in the path of a voter; electioneering or canvassing as described in § 16-206 of this article; communicating in any other manner a voting preference or choice; or performing any other service as a poll worker or distributor of sample ballots. This section does not apply to: meals, beverages, and refreshments served to campaign workers; salaries of regularly employed personnel in campaign headquarters; media advertising, including newspaper, radio, television, billboard, or aerial advertising; rent and regular office expenses; or the cost of telephoning voters or transporting voters to and from polling places. A campaign finance entity, or a person acting on its behalf, may not at any time, directly or indirectly, pay or incur an obligation to pay, and a person may not, directly or indirectly, receive any money or thing of value, for a political endorsement. A campaign finance entity, or a person acting on its behalf, that pays any person for walk-around services shall make all payments by check from a campaign account designated under § 13-220(a) of this subtitle. All payments made under subparagraph (i) of this paragraph shall be reported in accordance with § 13-304 of this title.

A person who claims that money is due from a campaign finance entity shall present a claim for payment to the treasurer or subtreasurer not later than 30 days after the election for which the liability was incurred.

After all campaign expenditures have been made and before filing a final campaign finance report under Subtitle 3 of this title, any remaining balance in the account of a campaign finance entity shall be returned pro rata to the contributors or paid to: if the campaign finance entity is a political committee formed to support a candidate or act for a political party: the State central committee of the political party: of which the candidate is a member; or for which the political committee is acting; the local central committee of the political party: of which the candidate is a member in a county in which the candidate resides or which the candidate seeks to represent; or for which the political committee is acting; the legislative party caucus committee of the political party: of which the candidate is a member; or for which the political committee is acting; or the board of education of a county in which the candidate resides or which the candidate seeks to represent; a nonprofit organization that provides services or funds for the benefit of pupils or teachers; a charitable organization registered or exempt from registration under the Maryland Charitable Solicitations Act; the Fair Campaign Financing Fund established under § 15–103 of this article; or a public or private institution of higher education in the State if: that institution possesses a certificate of approval from the Maryland Higher Education Commission; and the payment is designated for use by the institution solely to award scholarships, grants, or loans to students attending the institution.

If a responsible officer of a campaign finance entity has a compensation agreement with the campaign finance entity, before making a disbursement for the compensation, the campaign finance entity shall submit to the State Board: a copy of the compensation agreement; and if the campaign finance entity is an authorized candidate campaign committee, the written consent of the candidate.

In this section the following words have the meanings indicated. “Candidate” has the meaning stated in § 1–101 of this article. For purposes of this section, “candidate” includes a candidate, an authorized candidate campaign committee, a slate committee, and agents of a candidate, an authorized candidate campaign committee, or a slate committee. “Communication” includes social media interactions with a candidate. “Coordinated expenditure” means a disbursement or an action to cause a disbursement that: promotes the success or defeat of a candidate or a political party at an election; and is made in cooperation, consultation, understanding, agreement, or concert with, or at the request or suggestion of, the candidate or political party that is the beneficiary of the disbursement. “Coordinated expenditure” includes a disbursement for any communication that republishes or disseminates, in whole or in part, a video, a photograph, audio footage, a written graphic, or any other form of campaign material prepared by the candidate or political party that is the beneficiary of the disbursement. “Coordinated expenditure” does not include a disbursement for any communication that is not a public communication. “Coordinated spender” means a person that makes a disbursement to promote the success or defeat of a candidate or political party at an election and for which one of the following applies: during the election cycle, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate or political party that is the beneficiary of the disbursement, including during the time before the individual became a candidate; or during the election cycle, the person is established, financed, directed, or managed by a member of the immediate family of the candidate who is the beneficiary of the disbursement, or the person or an agent of the person has had substantive discussions about the candidate’s campaign with a member of the immediate family of the candidate who is the beneficiary of the disbursement. “Disbursement” includes a deposit of money or a gift, a subscription, an advance, or other thing of value. “Donation” means a gift or transfer, or promise of gift or transfer, of money or other thing of value to a person. “Immediate family” has the meaning stated in § 9004(e) of the Internal Revenue Code of 1986. “Person” includes an individual, a partnership, a political committee, an association, a corporation, a labor organization, and any other organization or group of persons. “Person” does not include a political committee that exclusively accepts contributions that are subject to the limits under § 13–226 of this subtitle. “Political party” has the meaning stated in § 1–101 of this article. For purposes of this section, “political party” includes a political party, a central committee, a legislative party caucus committee, and agents of a political party, central committee, or legislative party caucus committee. “Professional services” means any paid services in support of a political campaign, including advertising, message, strategy, policy, polling, communications development, allocation of campaign resources, fund–raising, and campaign operations. “Professional services” does not include accounting, legal, print, or mail services. “Public communication” has the meaning stated in § 13–306 of this title. A person may not: make a coordinated expenditure in excess of the limits established under § 13–226 of this subtitle; or make a donation to a person for the purpose of furthering a coordinated expenditure in excess of the limits under § 13–226 of this subtitle. A candidate or political party may not, directly or indirectly, be the beneficiary of a coordinated expenditure in excess of the limits under § 13–226 of this subtitle. A person may not be considered to have made a coordinated expenditure solely on the grounds that the person or the person’s agent engaged in discussions or communications with a candidate regarding a position on a legislative or policy matter, provided that there is no communication between the person and the candidate regarding the candidate’s campaign advertising, message, strategy, polling, allocation of campaign resources, fund–raising, or other campaign activities. A person that makes a disbursement to promote the success or defeat of a candidate or political party at an election is presumed to have made a coordinated expenditure if: the person is a coordinated spender with respect to the candidate or political party that is the beneficiary of the disbursement; during the 18–month period preceding the disbursement, the person employs or retains a responsible officer of a political committee affiliated with the candidate or political party that is the beneficiary of the disbursement; during the 18–month period preceding the disbursement, the person employs or retains a strategic political campaign, media, or fund–raising advisor or consultant of the candidate or political party that is the beneficiary of the disbursement; or during the 18–month period preceding the disbursement, the person has retained the professional services of a vendor, an advisor, or a consultant that, during the election cycle, has provided professional services to the candidate or political party that is the beneficiary of the disbursement; and the vendor, advisor, or consultant has not established a firewall to restrict the sharing of strategic campaign information between individuals who are employed by or who are agents of the person and the candidate or political party that is the beneficiary of the disbursement. A person may rebut the presumption under subsection (d) of this section by presenting sufficient contrary evidence and obtaining a declaratory ruling from the State Board before making a disbursement to promote the success or defeat of a candidate or political party at an election. A person that willfully and knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding: 300% of the amount by which the coordinated expenditure made by the person exceeded the applicable contribution limit under § 13–226 of this subtitle; or 300% of the amount of the donation made to a person for the purpose of furthering a coordinated expenditure in excess of the limits prescribed under § 13–226 of this subtitle. A candidate or political party that willfully and knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding 300% of the amount by which the coordinated expenditure of which the candidate or political party was the beneficiary exceeded the applicable contribution limit under § 13–226 of this subtitle. The State Administrator or the State Administrator’s designee may investigate a potential violation of this section. The State Administrator or the State Administrator’s designee shall: notify a person, candidate, or political party that is subject to an investigation under this subsection of the circumstances that gave rise to the investigation; and provide the person, candidate, or political party ample opportunity to be heard at a public meeting of the State Board. In furtherance of an investigation under paragraph (1) of this subsection, the State Administrator or the State Administrator’s designee may issue a subpoena for the attendance of a witness to testify or the production of records. A subpoena issued under this paragraph shall be served in accordance with the Maryland Rules. In order for a subpoena to be issued under this paragraph, the State Administrator shall make a finding that the subpoena is necessary to and in furtherance of an investigation being conducted under paragraph (1) of this subsection. Any filing submitted to a court with respect to a subpoena under this paragraph shall be sealed on filing. If a person fails to comply with a subpoena issued under this paragraph, on petition of the State Administrator, a circuit court of competent jurisdiction may compel compliance with the subpoena. At the conclusion of the investigation and following the hearing under paragraph (2)(ii) of this subsection, the State Board shall issue a public report of its findings and may: impose a civil penalty as provided in paragraph (5) of this subsection if the State Board determines that a person, candidate, or political party has unintentionally violated this section; or refer the matter for further investigation by the State Prosecutor if the State Board has reasonable cause to believe that a person, candidate, or political party has willfully and knowingly violated this section. A civil penalty under paragraph (4)(i) of this subsection: shall be assessed in the manner specified in § 13–604.1 of this title; and may not exceed: 100% of the amount by which the coordinated expenditure made by the person exceeded the applicable contribution limit under § 13–226 of this subtitle; 100% of the amount of the donation made to a person for the purpose of furthering a coordinated expenditure in excess of the limits prescribed under § 13–226 of this subtitle; or 100% of the amount by which the coordinated expenditure of which the candidate or political party was the beneficiary exceeded the applicable contribution limit under § 13–226 of this subtitle. Except as provided in paragraph (2) of this subsection, a fine or penalty imposed under this section shall be paid by the person that committed the violation or by a political committee of the candidate or political party that committed the violation. Subject to paragraph (3) of this subsection, a fine or penalty under this section is the joint and several liability of the candidate or a director, a manager, an officer, or any other individual exercising direction or control over the activities of the person, authorized candidate campaign committee, or political party if the penalty is not paid by the person or by a political committee of the candidate or political party before the expiration of the 1–year period that begins on the later of: the date the fine or penalty was imposed; or the date of the final judgment following any judicial review of the imposition of the fine or penalty. A candidate may not be jointly and severally liable for a fine or penalty under this section unless a court or the State Board finds that the candidate engaged in conduct that constitutes coordination with a person under this section. A fine or penalty imposed under this section shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article. The State Board may adopt regulations as necessary to implement this section.

A campaign finance entity, or a person acting on its behalf, may not make a monetary expenditure using any currency other than United States currency.