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<section article="gel" article_name="Election Law" number="13-306" title_number="13" title_name="Campaign Finance" subtitle_number="3" subtitle_name="General Reporting Requirements">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Donation” means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a person who makes independent expenditures.</text>
      </level>
      <level label="ii">
        <text>“Donation” does not include any amount of money or any other thing of value:</text>
        <level label="1">
          <text>received by a person in the ordinary course of any trade or business conducted by the person, whether for profit or not for profit, or in the form of investments in the person’s business; or</text>
        </level>
        <level label="2">
          <level label="A">
            <text>that the donor and the person receiving the money or thing of value expressly agree in writing may not be used for independent expenditures; and</text>
          </level>
        </level>
        <level label="B">
          <text>in the case of a monetary donation, is deposited in a separate bank account that is never used for independent expenditures.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>“E–mail blast” means a transmission of electronic mail messages of an identical or substantially similar nature to 5,000 or more e–mail accounts simultaneously.</text>
    </level>
    <level label="4">
      <text>“Mass mailing” means a mailing by United States mail or facsimile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30–day period.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>“Person” includes an individual, a partnership, a committee, an association, a corporation, a labor organization, and any other organization or group of persons.</text>
      </level>
      <level label="ii">
        <text>“Person” does not include a campaign finance entity organized under Subtitle 2, Part II of this title.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>“Public communication” means a communication by means of any broadcast television or radio communication, cable television communication, satellite television or radio communication, newspaper, magazine, outdoor advertising facility, mass mailing, e–mail blast, text blast, qualifying paid digital communication, or telephone bank to the general public, or any other form of general public political advertising.</text>
      </level>
      <level label="ii">
        <text>“Public communication” does not include:</text>
        <level label="1">
          <text>a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, satellite television or radio provider, website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, that is not controlled by a candidate or political party;</text>
        </level>
        <level label="2">
          <text>an internal membership communication by a business or other entity to its stockholders or members and executive and administrative personnel and their immediate families, or by a membership entity, as defined under § 13–243 of this title, to its members, executive and administrative personnel and their immediate families; or</text>
        </level>
        <level label="3">
          <text>a candidate debate or forum.</text>
        </level>
      </level>
    </level>
    <level label="7">
      <text>“Telephone bank” means more than 500 telephone calls of an identical or substantially similar nature within any 30–day period.</text>
    </level>
    <level label="8">
      <text>“Text blast” means a transmission of text messages of an identical or substantially similar nature to 5,000 or more telephone numbers simultaneously.</text>
    </level>
  </level>
  <level label="b">
    <text>Within 48 hours after a person makes aggregate independent expenditures of $5,000 or more in an election cycle for campaign material that is a public communication, the person shall file a registration form with the State Board.</text>
  </level>
  <level label="c">
    <text>Within 48 hours after a day on which a person makes aggregate independent expenditures of $10,000 or more in an election cycle for campaign material that is a public communication, the person shall file an independent expenditure report with the State Board.</text>
  </level>
  <level label="d">
    <text>A person who files an independent expenditure report under subsection (c) of this section shall file an additional independent expenditure report with the State Board within 48 hours after a day on which the person makes aggregate independent expenditures of $10,000 or more for campaign material that is a public communication following the closing date of the person’s previous independent expenditure report.</text>
  </level>
  <level label="e">
    <text>An independent expenditure report shall include the following information:</text>
    <level label="1">
      <text>the identity of the person making the independent expenditures and of the person exercising direction or control over the activities of the person making the independent expenditures;</text>
    </level>
    <level label="2">
      <text>the business address of the person making the independent expenditures;</text>
    </level>
    <level label="3">
      <text>the amount and date of each independent expenditure during the period covered by the report and the person to whom the expenditure was made;</text>
    </level>
    <level label="4">
      <text>the candidate or ballot issue to which the independent expenditure relates and whether the independent expenditure supports or opposes that candidate or ballot issue; and</text>
    </level>
    <level label="5">
      <text>the identity of each person who made cumulative donations of $6,000 or more to the person making the independent expenditures during the period covered by the report.</text>
    </level>
  </level>
  <level label="f">
    <text>For purposes of this section, a person shall be considered to have made an independent expenditure if the person has executed a contract to make an independent expenditure.</text>
  </level>
  <level label="g">
    <text>The cost of creating and disseminating campaign material, including any design and production costs, shall be considered in determining the aggregate amount of independent expenditures made by a person for campaign material that is a public communication under this section.</text>
  </level>
  <level label="h">
    <text>The treasurer or other individual designated by an entity required to file an independent expenditure report under this section:</text>
    <level label="1">
      <text>shall sign each independent expenditure report; and</text>
    </level>
    <level label="2">
      <text>is responsible for filing independent expenditure reports in full and accurate detail.</text>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>Within 48 hours after a person makes aggregate independent expenditures of $50,000 or more in an election cycle for campaign material that is a public communication, the person shall identify a registered agent located in the State for service of process.</text>
    </level>
    <level label="2">
      <text>A person making independent expenditures shall identify a registered agent on a form prescribed by the State Board.</text>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>A person who fails to provide on an independent expenditure report all of the information required by this section shall file an amended report as provided in § 13–327(b) of this subtitle.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, in addition to any other sanction provided by law, the State Board may assess a civil penalty for failure to file properly an independent expenditure report or an amended independent expenditure report in an amount not exceeding the greater of:</text>
        <level label="1">
          <text>$1,000 for each day or part of a day that an independent expenditure report or amended independent expenditure report is overdue; or</text>
        </level>
        <level label="2">
          <text>10% of the amount of the donations or independent expenditures that were not reported in a timely manner.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the failure to file properly an independent expenditure report or an amended independent expenditure report occurs more than 28 days before the day of a primary or general election, the State Board may assess a civil penalty in an amount not exceeding the greater of:</text>
        <level label="1">
          <text>$100 for each day or part of a day that an independent expenditure report or amended independent expenditure report is overdue; or</text>
        </level>
        <level label="2">
          <text>10% of the amount of the donations or disbursements for independent expenditures that were not reported in a timely manner.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>A civil penalty under paragraph (2) of this subsection shall be:</text>
      <level label="i">
        <text>assessed in the manner specified in § 13–604.1 of this title;</text>
      </level>
      <level label="ii">
        <text>distributed to the Fair Campaign Financing Fund established under § 15–103 of this article; and</text>
      </level>
      <level label="iii">
        <text>the joint and several liability of:</text>
        <level label="1">
          <text>the person making independent expenditures;</text>
        </level>
        <level label="2">
          <text>the treasurer or other individual who signs and files the reports required by this section for the person making independent expenditures; and</text>
        </level>
        <level label="3">
          <text>the person exercising direction or control over the activities of the person making independent expenditures.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>A person who fails to file properly an independent expenditure report or amended independent expenditure report under this section may seek relief from a penalty under paragraph (2) of this subsection for just cause as provided in § 13–337 of this subtitle.</text>
    </level>
  </level>
  <level label="k">
    <text>If a treasurer of a person making independent expenditures or a person exercising direction or control over the activities of a person making independent expenditures has failed to pay any civil penalty or late fee under this title for which the individual is responsible, the individual may not:</text>
    <level label="1">
      <text>serve as the responsible officer of a political committee;</text>
    </level>
    <level label="2">
      <text>serve in any position of responsibility in any other entity subject to regulation under this title; or</text>
    </level>
    <level label="3">
      <text>assist in the formation of a political committee or any other entity subject to regulation under this title.</text>
    </level>
  </level>
  <level label="l">
    <level label="1">
      <text>An entity required to file an independent expenditure report under this section shall do at least one of the following, unless neither are applicable to the entity:</text>
      <level label="i">
        <text>if the entity submits regular, periodic reports to its shareholders, members, or donors, include in each report, in a clear and conspicuous manner, the information specified in subsection (e)(3) through (5) of this section for each independent expenditure made during the period covered by the report that must be included in an independent expenditure report; or</text>
      </level>
      <level label="ii">
        <text>if the entity maintains an Internet site, post on that Internet site a hyperlink from its homepage to the Internet site where the entity’s independent expenditure report information is publicly available.</text>
      </level>
    </level>
    <level label="2">
      <text>An entity shall post the hyperlink required under paragraph (1)(ii) of this subsection within 24 hours of the entity’s independent expenditure report information being made publicly available on the Internet, and the hyperlink shall remain posted on the entity’s Internet site until the end of the election cycle during which the entity filed an independent expenditure report.</text>
    </level>
  </level>
  <level label="m">
    <level label="1">
      <text>A person required to file an independent expenditure report under this section shall keep detailed and accurate records of:</text>
      <level label="i">
        <text>all independent expenditures made by the person for campaign material that is a public communication; and</text>
      </level>
      <level label="ii">
        <text>all donations received by the person.</text>
      </level>
    </level>
    <level label="2">
      <text>Records required to be kept under this subsection shall be preserved for 2 years after the end of the election cycle in which the person filed the independent expenditure report to which the records relate.</text>
    </level>
  </level>
  <level label="n">
    <text>The State Board may adopt regulations as necessary to implement the requirements of this section.</text>
  </level>
</section>
