Title 13. Campaign Finance — Subtitle 6. Prohibited Acts and Penalties

A person may not directly or indirectly give, offer, or promise money, aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing to another person for the purpose of inducing or procuring that person to vote or refrain from voting for or against:

A person may not directly or indirectly receive, accept, request, or solicit money, aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing from another person for the purpose of inducing or procuring a third person to vote or refrain from voting for or against an individual, question, or measure at an election or political convention.

A person may not vote or refrain from voting for or against an individual, question, or measure at an election or a political convention, in consideration of money, aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing paid, received, accepted, or promised to the advantage of that person or of another person.

A person may not directly or indirectly pay or promise to pay a campaign finance entity in a name other than the person’s name.

A responsible officer of a campaign finance entity may not knowingly receive a payment or promise of payment and enter it or cause it to be entered in an account book in a name that the responsible officer knows is not the name of the person that made the payment or the promise to pay.

An employer who pays employees in envelopes may not mark on or enclose in the envelopes a political motto, device, or argument that contains express or implied threats intended to influence the political opinions or actions of those employees.

During the 90 days before an election, an employer may not exhibit in the employer’s workplace:

A person may not:

A candidate may not make a payment, contribution, or expenditure, or incur a liability to pay, contribute, or expend, from the candidate’s personal funds any money or valuable thing in a manner not authorized by § 13–230 of this title.

An individual may not sign the name of any other individual on any form or other document under this title, without the authority of the individual whose name is signed.

subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and

ineligible to hold any public or party office for 4 years after the date of the offense.

The State Prosecutor may prosecute, in any jurisdiction of the State, a person that the State Prosecutor believes to be guilty of a willful violation of this section.

A State’s Attorney may prosecute a person that the State’s Attorney believes to be guilty of a willful violation of this section in the county in which the State’s Attorney serves.

A person who violates a provision of this title without knowing that the act is illegal shall pay a civil penalty in accordance with subsections (b) through (g) of this section.

The penalty imposed under this section may not exceed $5,000.

An infraction described in paragraph (1) of this subsection is a civil offense.

This section does not apply to a violation of another section in which a penalty is expressly provided.

If the State Prosecutor or the State’s Attorney with jurisdiction determines that a person unintentionally, and without criminal intent, has violated a provision of this title, the State Prosecutor, the State’s Attorney, or both, shall issue to the person a civil citation that contains:

The prosecuting authority who issues a citation under paragraph (1) of this subsection shall file it in the District Court.

On receipt of the return of service, the District Court shall schedule the case for trial and notify the person named in the citation of the trial date.

The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§ 6–108, 6–109, and 6–111 through 6–115 of the Local Government Article.

The District Court shall distribute all late fees collected to the Fair Campaign Financing Fund established under § 15–103 of this article.

An adjudication of a violation under this subsection:

in favor of the State Board;

in accordance with the Maryland Rules; and

in an amount not exceeding the maximum fine set forth in subsection (a) of this section and any late fees owed to the State Board.

making a disbursement in a manner not authorized in § 13–218(b)(2), (c), and (d) of this title;

failure to maintain a campaign bank account as required in § 13–220(a) of this title;

making a disbursement by a method not authorized in § 13–220(d) of this title;

failure to maintain detailed and accurate account books and records as required in § 13–221 of this title;

fund–raising during the General Assembly session in a manner not authorized in § 13–235 of this title;

failure to report all contributions received and expenditures made as required in § 13–304(b) of this title;

failure to include an authority line on campaign material as required in § 13–401 of this title;

failure to retain a copy of campaign material as required in § 13–403 of this title;

failure to include a disclosure on online campaign material as required in § 13–401.1(b) of this title;

soliciting a recurring contribution or donation without the affirmative consent of the contributor or donor as required in § 13–244 of this title;

making a monetary contribution or monetary donation using any currency other than United States currency or accepting a monetary contribution or monetary donation made using any currency other than United States currency in violation of § 13–238 of this title; and

making a monetary expenditure using any currency other than United States currency in violation of § 13–250 of this title.

Except as otherwise provided in this title or as provided in paragraph (2) of this subsection, the amount of a civil penalty imposed under this section may not exceed $1,000 for each violation.

As to a violation of § 13–235 of this title, the campaign finance entity that receives a contribution as a result of a violation shall:

Subject to paragraphs (2) and (3) of this subsection, a civil penalty imposed under this section shall be paid by the campaign finance entity.

If the campaign finance entity has insufficient funds with which to pay the full amount of the civil penalty in a timely manner, after the campaign account of the finance entity is exhausted the balance of the civil penalty is the joint and several liability of the responsible officers.

If a violation is committed by a person not acting on behalf of, or at the request or suggestion of, a candidate or a campaign finance entity, the civil penalty shall be paid by the person who committed the violation.

the certification by the State Board attesting to the truth of the matter set forth in the citation;

the name and address of the person charged;

the nature, time, and place of the violation;

the manner in which the violation occurred;

the amount of the penalty assessed;

the manner, time, and location to pay the penalty;

a statement that the person receiving the citation has a right to trial in the District Court; and

the effect of failing to pay the assessed fine or of failing to demand a trial within the prescribed time.

A person charged in a citation may elect to stand trial for the violation by notifying the State Board in writing of the person’s intent to stand trial.

The written notice shall be given at least 5 days before the date of payment as set forth in the citation.

On receipt of the written notice of intent to stand trial, the State Board shall forward to the State Prosecutor a copy of the citation and the written notice.

The State Prosecutor shall forward to the District Court having venue a copy of the citation and the written notice.

On receipt of the citation and the written notice:

If a person charged in a citation fails to pay the penalty by the date of payment set forth in the citation and fails to deliver to the State Board the written notice of intent to stand trial, the person is liable for the assessed penalty.

The State Prosecutor, on behalf of the State Board, may double the penalty to an amount not to exceed $2,000 and request adjudication of the case through the District Court by filing a demand for judgment on affidavit.

the District Court may suspend or defer the payment of any penalty under conditions that the court sets;

the defendant shall be liable for the costs of the proceedings in the District Court; and

the District Court may order the person to abate the violation.

is not a criminal conviction; and

does not impose any of the civil disabilities that arise from a criminal conviction.

the State Prosecutor has the burden to prove that the defendant has committed the violation by clear and convincing evidence;

the District Court shall apply the evidentiary standards as provided by law or rule for the trial of civil causes;

the District Court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

the defendant may cross–examine all witnesses who appear against the defendant, produce evidence or witnesses in the defendant’s own behalf, or testify in the defendant’s own behalf;

the defendant shall be entitled to be represented by counsel of the defendant’s own selection and at the defendant’s own expense;

the defendant may enter a plea of guilty or not guilty of the violation as charged; and

the verdict of the District Court shall be guilty of a violation or not guilty of a violation, or the District Court may, before rendering judgment, place the defendant on probation.

the severity of the violation for which the penalty is to be assessed;

the good faith of the violator; and

any history of prior violations.

is not exempt from § 13–202 of this title and fails to conduct campaign finance activity through a campaign finance entity; or

violates § 13–221(c) or § 13–305.1 of this title.

If the State Prosecutor or the State’s Attorney with jurisdiction determines that a candidate is required to pay a civil penalty under subsection (a) of this section, the State Prosecutor, the State’s Attorney, or both shall issue to the candidate a civil citation that contains:

The prosecuting authority who issues a citation under paragraph (1) of this subsection shall file the citation in the District Court.

On receipt of the return of service, the District Court shall schedule the case for trial and notify the candidate named in the citation of the trial date.

The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§ 6–108, 6–109, and 6–111 through 6–115 of the Local Government Article.

An adjudication of a violation under this subsection:

in favor of the State Board;

in accordance with the Maryland Rules; and

in an amount of $1,000.

notify a person that is subject to an investigation under this section 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 section, 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 subsection shall be served in accordance with the Maryland Rules.

In order for a subpoena to be issued under this subsection, the State Administrator shall make a finding that the subpoena is necessary to and in furtherance of an investigation being conducted under this section.

Any filing submitted to a court with respect to a subpoena under this subsection shall be sealed on filing.

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.

impose a civil penalty in the amount and manner specified in § 13–604.1 of this subtitle; or

refer the matter for further investigation by the State Prosecutor if the State Board has reasonable cause to believe that a person has willfully and knowingly violated § 13–238 or § 13–250 of this title.

is in criminal contempt; and

is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250 or imprisonment not exceeding 30 days or both.