# Election Law (GEL) ## Title 13. Campaign Finance ### Subtitle 4. Campaign Materials #### Section 13-401 (a) (1) Except as otherwise provided in this section, each item of campaign material shall contain, set apart from any other message, an authority line that states: (i) as to campaign material published, distributed, or disseminated by a campaign finance entity: (1) the name and address of the treasurer of each campaign finance entity responsible for the campaign material; and (2) as to each treasurer named under item 1 of this item, the name of each campaign finance entity for which the treasurer is acting; and (ii) as to campaign material published, distributed, or disseminated by any other person, the name and address of the person responsible for the campaign material. (2) The authority line may omit an address that is on file with the State Board or a local board. (3) If the campaign material is too small to include all the information specified in paragraph (1) of this subsection in a legible manner, the authority line need only contain the information required by regulations adopted by the State Board. (4) The authority line for campaign material that is a commercial advertisement need only contain the information specified in paragraphs (1) and (2) of this subsection for one campaign finance entity or other person responsible for the advertisement. (b) Campaign material that is published or distributed in support of or in opposition to a candidate, but is not authorized by the candidate, shall include the following statement: "This message has been authorized and paid for by (name of payor or any organization affiliated with the payor), (name and title of treasurer or president). This message has not been authorized or approved by any candidate." #### Section 13-401.1 (a) (1) In this section the following words have the meanings indicated. (2) "Bot" means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person. (3) "Online" means appearing on any public-facing Internet website, web application, or digital application, including a social network or publication. (b) (1) This section applies to any candidate, campaign finance entity, person required to register under Sec. 13-306, Sec. 13-307, or Sec. 13-309.2 of this title, or an agent of a candidate, campaign finance entity, or person required to register under Sec. 13-306, Sec. 13-307, or Sec. 13-309.2 of this title. (2) In addition to the requirements under Sec.Sec. 13-401 and 13-403 of this subtitle, a person subject to this section that uses a bot to publish, distribute, or disseminate campaign material online to another person in the State for the purpose of influencing an election shall disclose in a clear and conspicuous manner on the campaign material that the person is using a bot to publish, distribute, or disseminate the campaign material. (3) If a person subject to this section violates the requirement under paragraph (2) of this subsection, the State Board may seek to remove the bot. (c) This section does not impose a duty on service providers of online platforms, including web hosting and Internet service providers. #### Section 13-402 (a) Subject to subsection (b) of this section, a person publishing a newspaper or periodical in the State may not charge a candidate for State or local public office a rate for political advertising that exceeds the local rate regularly charged for commercial advertising by the person publishing that newspaper or periodical. (b) If a candidate uses an advertising or press agency to place a political advertisement, the person publishing the newspaper or periodical may charge the national rate regularly charged by that newspaper or periodical for commercial advertising. #### Section 13-403 (a) (1) Subject to paragraph (2) of this subsection, each campaign finance entity, each person required to register under Sec. 13-306(b) of this title, and each person required to register under Sec. 13-307(b) of this title that is responsible for, publisher of, and distributor of, an item of campaign material shall keep a sample copy of the item for at least 1 year after the general election next following the date when the item was published or distributed. (2) For each item of campaign material disseminated through the Internet, the sample copy shall be: (i) a paper facsimile; or (ii) a copy on an electronic medium that can be produced as a paper facsimile on request. (b) Subsection (a) of this section does not apply to a billboard or a sign. #### Section 13-404 (a) In this section, "electronic media" means any electronic medium, except television or radio, that may be used to transmit campaign material. (b) The State Board shall adopt regulations governing the application of Sec.Sec. 13-401 and 13-403 of this subtitle to campaign material transmitted through electronic media. (c) The regulations adopted by the State Board under this section: (1) shall define what constitutes "publication" or "distribution" of campaign material through electronic media under Sec. 1-101(k) of this article; (2) shall require public disclosure of the identity of persons who are responsible for transmitting campaign material through electronic media; and (3) may modify the requirements of Sec.Sec. 13-401 and 13-403 of this subtitle as they apply to electronic media to the extent necessary to accommodate a particular technology. #### Section 13-405 (a) (1) A person who directly or indirectly requests placement of a qualifying paid digital communication on an online platform shall expressly notify the online platform at the time the request for placement of a qualifying paid digital communication is made that the communication is a qualifying paid digital communication. (2) The notice required under paragraph (1) of this subsection: (i) shall be provided using the method prescribed by the online platform; and (ii) may not be provided through the inclusion of the authority line required under Sec. 13-401 of this subtitle on the qualifying paid digital communication. (3) If an online platform does not provide a method for a requester of a qualifying paid digital communication to give notice as required by paragraph (2)(i) of this subsection, the requester shall: (i) notify the State Board that the online platform is not in compliance with paragraph (2)(i) of this subsection; and (ii) provide the information required under subsection (b)(6) of this section to the State Board. (b) (1) An online platform shall make available for public inspection on the Internet in a machine-readable format the records described in paragraph (6) of this subsection regarding qualifying paid digital communications disseminated through the online platform for which the online platform has received notice in accordance with subsection (a) of this section. (2) An online platform shall allow the public to search the records described in paragraph (6) of this subsection by purchaser. (3) Except as provided in paragraph (5) of this subsection, the records described in paragraph (6) of this subsection shall be available for public inspection on the Internet in a clearly identifiable location on the online platform's website: (i) within 48 hours after a qualifying paid digital communication is purchased; and (ii) for at least 1 year after the general election following the date when the online platform disseminated the qualifying paid digital communication to which the records relate. (4) For purposes of paragraph (3) of this subsection, a person shall be considered to have purchased a qualifying paid digital communication if the person has executed a contract to purchase a qualifying paid digital communication. (5) (i) An online platform may apply to the State Board for a compliance waiver to allow the online platform to make the records described in paragraph (6) of this subsection available for public inspection on the Internet within up to 7 days after a qualifying paid digital communication is purchased. (ii) The State Board shall require an applicant for a compliance waiver under subparagraph (i) of this paragraph to: (1) describe why complying with the requirements under paragraph (3) of this subsection presents an unreasonable burden on the applicant; and (2) present measures the applicant will take to meet the requirements under paragraph (3) of this subsection within 6 months after the date the compliance waiver is granted. (iii) The State Board may not grant: (1) more than one compliance waiver to an online platform; and (2) a compliance waiver to an online platform within 30 days before an election. (iv) A compliance waiver is not effective during the 30 days immediately preceding an election. (v) If an online platform will apply for a compliance waiver under subparagraph (i) of this paragraph, the online platform shall apply for the compliance waiver before receiving payment for a qualifying paid digital communication. (6) For each qualifying paid digital communication a purchaser requests to disseminate through an online platform and for which the purchaser has provided notice in accordance with subsection (a) of this section, the online platform shall maintain the following records: (i) for each qualifying paid digital communication purchased by a political committee: (1) the name of the person and any contact information for the person required by the State Board, of the political committee; (2) the treasurer of the political committee; and (3) the total amount paid by the purchaser to the online platform for the placement of the qualifying paid digital communication; (ii) for each qualifying paid digital communication purchased by a person other than a political committee or an ad network: (1) the name of the person and any contact information for the person required by the State Board, of the person; (2) the identity of the individuals exercising direction or control over the activities of the person, including the chief executive officer or board of directors, if applicable; and (3) the total amount paid by the purchaser to the online platform for the placement of the qualifying paid digital communication; and (iii) for each qualifying paid digital communication purchased by an ad network: (1) the contact information for the ad network; or (2) a hyperlink to the ad network's website where the contact information is located. (c) (1) An online platform shall maintain and make available to the State Board on request the records described in paragraph (3) of this subsection regarding qualifying paid digital communications disseminated through the online platform for which the online platform has received notice in accordance with subsection (a) of this section. (2) The records described in paragraph (3) of this subsection shall be available on the request of the State Board: (i) within 48 hours after a qualifying paid digital communication is first disseminated on the online platform; and (ii) for at least 1 year after the general election following the date when the online platform disseminated the qualifying paid digital communication to which the records relate. (3) For each qualifying paid digital communication a purchaser requests to disseminate through an online platform and for which the purchaser has provided notice in accordance with subsection (a) of this section, the online platform shall maintain the following records: (i) the candidate or ballot issue to which the qualifying paid digital communication relates and whether the qualifying paid digital communication supports or opposes that candidate or ballot issue; (ii) the dates and times that the qualifying paid digital communication was first disseminated and last disseminated; (iii) a digital copy of the content of the qualifying paid digital communication; (iv) an approximate description of the geographic locations where the qualifying paid digital communication was disseminated; (v) an approximate description of the audience that received or was targeted to receive the qualifying paid digital communication; and (vi) the total number of impressions generated by the qualifying paid digital communication. (4) Information obtained by the State Board under this subsection is not subject to inspection under the Public Information Act. (d) (1) A purchaser of a qualifying paid digital communication shall provide the online platform that disseminates the qualifying paid digital communication with the information necessary for the online platform to comply with subsections (b) and (c) of this section. (2) An online platform may rely in good faith on the information provided by a purchaser of a qualifying paid digital communication to comply with subsections (b) and (c) of this section. (e) An online platform shall make reasonable efforts to allow the State Board to: (1) obtain the information required under subsections (b) and (c) of this section; (2) obtain the information that a purchaser of a qualifying paid digital communication provided to the online platform in accordance with subsection (d) of this section; and (3) otherwise request that a purchaser of a qualifying paid digital communication comply with this section or Sec. 13-401 of this subtitle. (f) An online platform that disseminates qualifying paid digital communications shall make reasonable efforts, in accordance with the federal Stored Communications Act, to comply with any subpoena that is issued in connection with an investigation concerning the compliance of a purchaser of a qualifying paid digital communication with this section or Sec. 13-401 of this subtitle. #### Section 13-405.1 (a) (1) The State Administrator may investigate a potential violation of Sec. 13-401 or Sec. 13-405 of this subtitle by a purchaser of a qualifying paid digital communication. (2) In furtherance of an investigation under paragraph (1) of this subsection, the State Administrator may issue a subpoena for the attendance of a witness to testify or the production of records. (3) A subpoena issued under this subsection shall be served in accordance with the Maryland Rules. (4) If a person fails to comply with a subpoena issued under this subsection, on petition of the State Administrator, a circuit court of competent jurisdiction may compel compliance with the subpoena. (b) (1) At the conclusion of an investigation under subsection (a)(1) of this section, subject to paragraph (2) of this subsection, the State Board may request that the Attorney General institute an action in a circuit court for injunctive relief in accordance with the Maryland Rules to: (i) require a purchaser of a qualifying paid digital communication to comply with Sec. 13-401 or Sec. 13-405 of this subtitle; or (ii) require an online platform to remove a qualified paid digital communication that does not comply with Sec. 13-401 of this subtitle or if the purchaser of the communication does not comply with Sec. 13-405 of this subtitle. (2) Before requesting that the Attorney General seek an injunction under paragraph (1) of this subsection, the State Board shall: (i) notify a purchaser of a qualifying paid digital communication who is the subject of an investigation of the circumstances that gave rise to the investigation; and (ii) provide the person reasonable opportunity to be heard at a public meeting of the State Board. (3) A circuit court may grant injunctive relief under this subsection only if the Attorney General shows by clear and convincing evidence that a violation of Sec. 13-401 or Sec. 13-405 of this subtitle is being committed. (4) A person who violates an injunction issued under this subsection is subject to the penalties provided in Sec. 13-605(b) of this title. #### Section 13-405.2 (a) In this section, "electioneering communication" has the meaning stated in Sec. 13-307(a) of this title. (b) A person may not purchase campaign material or an electioneering communication using any currency other than United States currency. (c) A person may not willfully and knowingly sell campaign material or an electioneering communication to a person who uses any currency other than United States currency to pay for the campaign material or electioneering communication. #### Section 13-406 (a) In this Part II of this subtitle the following words have the meanings indicated. (b) "Incumbent" means a member of the General Assembly. (c) "Publication expense" means an expenditure relating to writing, publishing, printing, issuing, mailing, or distributing an unofficial legislative newsletter. (d) "Unofficial legislative newsletter" means an unsolicited document used by an incumbent, without supervision by or coordination with the General Assembly, to disseminate information to a constituent, voter, or potential voter about: (1) the incumbent's performance in legislative office; or (2) one or more issues of public interest chosen by the incumbent. #### Section 13-407 Part II of this subtitle does not restrict the use by the General Assembly of any funds appropriated in the State budget. #### Section 13-408 (a) Publication expenses may not be paid from public funds. (b) Publication expenses: (1) may be paid by an authorized candidate campaign committee of the incumbent if the authorized candidate campaign committee complies with all other requirements of this title regarding expenditures and campaign material; and (2) may not be paid from the personal funds of any individual. --- Md. Code Ann., Election Law (as displayed at mgaleg.maryland.gov, October 16, 2026)