In General. In this subtitle, the following terms have the meanings indicated. Terms Defined. "Authority line" has the meaning stated in Election Law Article, §13-401, Annotated Code of Maryland. “Business entity” means a firm, corporation, trust, unincorporated association, general partnership, limited partnership, limited liability company, real estate investment trust, or other entity or organization, whether or not conducted for profit. “Campaign finance report” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Campaign material” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Contribution” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Donation” means the gift or transfer, or promise of gift or transfer, of money or other thing of value to: An administrative account of the central committee or legislative party caucus committee; A person who makes independent expenditures; A person who makes electioneering communications; or A compliance account of a political action committee. Electoral Purpose. “Electoral purpose” means an action that promotes or enhances the success or defeat of a candidate, a political party, or a question in an election and would not have occurred but for the existence of the candidacy, political party, or question. “Electoral purpose” includes actions that increase the visibility or viability of a candidate, political party, or question, such as: Appearing on campaign material of a political or advocacy committee or organization; or Attending charitable or political events. “Electronic signature” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Electronic storage format” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. Independent Expenditure. “Independent expenditure” means a disbursement by a person or a political action committee expressly advocating the success or defeat of a clearly identified candidate or ballot issue if the disbursement is not made in coordination with or at the request or suggestion of a candidate, a campaign finance entity of a candidate, an agent of a candidate, or a ballot issue committee. For purposes of this definition, “clearly identified” means: The name of the candidate appears; A photograph or drawing of the candidate appears; or The identity of the candidate or ballot issue is apparent by unambiguous reference. “Legislative party caucus committee” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Lump sum contribution” means the: Net amount received by a political committee from a raffle, spin, or chance at a fundraising event; or Contributions collected by payroll deductions pursuant to Election Law Article, §13-241 or 13-242, Annotated Code of Maryland. Outstanding Obligation. “Outstanding obligation” means: A bill or other obligation owed by the campaign finance entity; or A loan made to the campaign finance entity in accordance with Election Law Article §13-230, Annotated Code of Maryland. “Outstanding obligation” does not include a bill or other obligation that was incurred and paid for within the same reporting period. Person. “Person” includes an individual, a business entity, a federal political committee, an association, a labor organization, a union, a political club, or any other organization or group of persons. “Person” does not include a campaign finance entity organized under Election Law Article, Title 13, Subtitle 2, Part II, Annotated Code of Maryland. “Responsible officers” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Statement of organization” means the document used to establish a political committee under Election Law Article, Title 13, Subtitle 2, Part II, Annotated Code of Maryland, and signed by the responsible officers and, if applicable, an authorizing authority including a candidate. “Walk-around services” has the meaning stated in Election Law Article, §13-245(a), Annotated Code of Maryland. Election Law Article, §§1-101, 2-102(b)(4), 13-218(b), and 13-245 and Title 13, Subtitle 3, Annotated Code of Maryland Effective date: Chapter, Affidavits by Political Committees, repealed as an emergency provision effective July 1, 2000 (27:15 Md. R. 1398); repealed permanently effective October 16, 2000 (27:20 Md. R. 1844) Regulation .01 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1398); adopted permanently effective October 16, 2000 (27:20 Md. R. 1844) Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1595); August 19, 2013 (40:16 Md. R. 1347); December 23, 2013 (40:25 Md. R. 2073); February 29, 2016 (43:4 Md. R. 335); May 6, 2019 (46:9 Md. R. 445) This chapter applies to the information required on a campaign finance report submitted to the State Board with respect to contributions received, expenditures made, and outstanding obligations incurred by or on behalf of the campaign finance entity. Report Requirements. Except as provided in §B of this regulation, for contributions received, the campaign finance report filed by a campaign finance entity shall include: The date that the contribution was received by the campaign finance entity; The amount of money or fair market value of the contribution; and The name of: The person who made the contribution; The campaign finance entity that made the contribution; or The non-federal out-of-State political committee that made the contribution; The address of the contributor, provided that: If the person is an individual: The address where the individual resides or receives residential mail; or An alternate address approved by the State Board if the State Board has granted the individual’s request for confidentiality under COMAR 33.04.02; or If the contributor is a person except as provided in §A(4)(a) of this regulation, the address where the person is registered or does business; The method of the contribution transaction and any other information on the transaction method required by the State Administrator; Whether the contribution is from: An individual or business entity; A ticket purchased by an individual or business entity including the amount per ticket; or A political committee registered with the Federal Election Commission; A political club; An authorized candidate campaign committee; A slate committee; A Maryland political party central committee; A Maryland political action committee; A legislative party caucus committee; or A non-federal, out-of-State political committee; The aggregate amount of contributions received to date from the contributor for the election cycle in which the campaign finance report is filed; If an in-kind contribution, a description of the in-kind contribution; and The contributor’s employer and occupation information as specified under §E of this regulation. Contributions from Different Contributors. Contributions from different contributors may be aggregated and reported as a lump sum contribution on a campaign finance report instead of the name and address of each contributor if the reported contribution amount received is from: The purchase of a raffle ticket, spin, or chance on a paddle wheel or wheel of fortune in accordance with Election Law Article, §13-240, Annotated Code of Maryland; or Payroll deductions collected in accordance with Election Law Article, §§13-241 and 13-242, Annotated Code of Maryland. For lump sum contributions, the campaign finance report shall include: If the lump sum contributions were generated from a raffle, spin, or chance: The net amount received by the political committee from the raffle, spin, or chance; The total number of individuals purchasing a raffle ticket, spin, or chance; and The price of the raffle ticket, spin, or chance; If the lump sum contributions were generated from a payroll deduction: The total amount received by the political committee; The total number of individuals making contributions; and The average amount of the contribution received by the political committee. Reporting lump sum contributions on a campaign finance report does not relieve the political committee of the responsibility for maintaining the account book pursuant to Election Law Article, §§13-221 and 13-240(b)(1), Annotated Code of Maryland. Except as provided in Election Law Article, §13-240, Annotated Code of Maryland, failure to include the name and address of every contributor in the account book of the campaign finance entity for a lump sum contribution entry on a campaign finance report shall be deemed an anonymous contribution and subject to Election Law Article, §13-239, Annotated Code of Maryland. Expenditures Made. For expenditures made, the campaign finance report filed by a campaign finance entity shall include: The date the expenditure was made; The method of the expenditure transaction including any information on the transaction method required by the State Administrator; The name and address of the payee or the ultimate recipient of the campaign funds; If the expenditure was for reimbursement, the name and address of the campaign worker who received the reimbursement; The amount of the expenditure; A description of the expenditure, including whether the expenditure was for a paid campaign advertisement; If the expenditure was an in-kind contribution, the name of the campaign finance entity receiving the in-kind contribution; and If the expenditure was to a person to engage in online advocacy on behalf of the political committee, the name and Internet address of any social media identifier, online website, web log, blog, or microblog used by that person. Outstanding Obligations. For outstanding obligations, the campaign finance report filed by a campaign finance entity shall include: The name and address of the person to whom an outstanding obligation is owed; The date the outstanding obligation was incurred; The current balance of the outstanding obligation owed at the end of the campaign finance reporting period; For an outstanding obligation other than a loan, a brief description of the item relating to the outstanding obligation; and If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230, Annotated Code of Maryland. Employer and Occupation. During an election cycle, if an individual makes contributions in a cumulative amount of $500 or more to a political committee, that individual shall provide the treasurer of the political committee specific and accurate information regarding the individual’s primary employer and occupation. When providing employer and occupation information, the contributor shall use specific, nongeneric, terms and descriptions, such as, in cases where an individual does not work outside the home, “Retired,” “Homemaker,” “Unemployed,” or "Student” rather than not applicable. A political committee may deposit and use contributions from an individual who is required to provide employer and occupation information, provided the committee: Requested the information upon receiving or soliciting a contribution; and Sent a written compliance request letter addressed to the contributor within 30 days of receipt of any contribution from an individual that brings the total received to $500 or more during an election cycle. For each instance that the employer and occupation information could not be obtained, the political committee shall: Keep records reflecting all attempts made by the political committee to obtain the required information; and State on the campaign finance report: That a written compliance letter was sent by the treasurer of the political committee; The date the compliance letter was sent by the treasurer of the political committee; and That the contributor failed to respond or provide the required information. Closeout Report Required. A campaign finance entity shall file a campaign finance report marked as final to cease future reporting obligations. Approval Required. The submission of a final campaign finance report does not cease future reporting obligations until the submission is approved by the State Board. Election Law Article, §§1-101, 2-102(b)(4), 13-218(b), 13-304(b), 13-221(a)(3), 13-245, and Title 13, Subtitle 3, Annotated Code of Maryland Effective date: Regulations .01—.04 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1398); adopted permanently effective October 16, 2000 (27:20 Md. R. 1844) Regulations .01—.04 Chapter, Affidavit of Non-Participation repealed and new Regulations .01 and .02 Chapter, Campaign Finance Report adopted effective October 19, 2009 (36:21 Md. R. 1595) Regulation .02A amended effective December 23, 2013 (40:25 Md. R. 2073); February 29, 2016 (43:4 Md. R. 335) Regulation .02B amended effective February 29, 2016 (43:4 Md. R. 335) Regulation .02A, C amended effective October 29, 2012 (39:21 Md. R. 1381) Regulation .02C amended effective January 9, 2012 (38:27 Md. R. 1765) Regulation .02E adopted effective October 29, 2012 (39:21 Md. R. 1381) Regulation .02E amended effective February 12, 2018 (45:3 Md. R. 159) Regulation .03 adopted effective May 29, 2023 (50:10 Md. R. 407) In General. Except as provided in §B of this regulation, this chapter applies to all campaign finance reports required by Election Law Article, §13-304, Annotated Code of Maryland, to be filed with the State Board. Exception. This chapter does not apply to a campaign finance report for which the State Board has granted an exemption under Election Law Article, §13-324(a), Annotated Code of Maryland. An application for an exemption shall be filed on the form and by the deadline specified by the State Administrator. A political committee is eligible for a waiver of the electronic filing requirements if the political committee: Provides a reasonable explanation as to why the treasurer cannot file electronically; Has a cash balance, less the amount of outstanding obligations, equal to or less than $3,000; and Has less than 20 transactions during the reporting period. A waiver remains in effect until the political committee: Files a campaign finance report electronically; or Exceeds the eligibility requirements of §B(3) of this regulation. A political committee may not request another waiver in the same calendar year that the initial waiver was granted. Filing Method. A campaign finance report shall be filed electronically by means of the browser-based software provided by the State Administrator. Additional Filing Requirements. Campaign finance reports shall include, in a format approved by the State Administrator, an attestation by the filer, under penalties of perjury, that the contents of the electronic filing are a complete and accurate statement of the campaign finance activity. Campaign finance reports filed electronically shall include all other information or materials required by the State Administrator. Election Law Article, §§2-102(b)(4) and Title 13, Subtitle 3, Annotated Code of Maryland Effective date: Regulations .01—.02 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1398); adopted permanently effective October 16, 2000 (27:20 Md. R. 1844) Regulation .01 amended effective October 19, 2009 (36:21 Md. R. 1595) Regulation .02 amended effective January 9, 2012 (38:27 Md. R. 1765) This chapter applies to the affidavit that, under Election Law Article, §13-305, Annotated Code of Maryland, a campaign finance entity may file in lieu of a scheduled campaign finance report. The affidavit shall include: The name and account number of the campaign finance entity; A statement under penalties of perjury that, since the establishment of the campaign finance entity or since the last filed campaign finance report prescribed by Election Law Article, §13-309, Annotated Code of Maryland, the campaign finance entity has not: Received contributions in the cumulative amount of $1,000 or more; and Made expenditures, exclusive of the candidate's filing fee, in the cumulative amount of $1,000 or more; and An acknowledgment that the campaign finance entity is required to either file the next scheduled campaign finance report or file a new affidavit in lieu of that report. Unless a campaign finance entity has a waiver from the electronic filing requirement, the treasurer shall: Complete the affidavit using the Internet form provided by the State Board; and Sign and submit the affidavit using the electronic signature password issued by the State Board. If a campaign finance entity that has a waiver from the electronic filing requirement, the treasurer may: File the affidavit electronically as provided under §A of this regulation without losing its electronic filing waiver; or File, sign, and mail or hand deliver the affidavit on the paper form prescribed by the State Board. Election Law Article, §§2-102(b)(4), 13-305, and 13-320, Annotated Code of Maryland Effective date: October 19, 2009 (36:21 Md. R. 1595) The filer shall include an electronic signature if one of the following forms is filed in an electronic format: Campaign Finance Report; Affidavit filed in accordance with Election Law Article, §13-305, Annotated Code of Maryland; Statement of Organization; and Any other report, form, or document approved by the State Administrator to be filed in an electronic medium. A filer shall use one of the following as the electronic signature of the filer: The voter registration number of the person; The driver's license number of the person; The last four digits of the person's social security number; Any State Board approved password generated by the person after registration of the campaign finance entity, independent expenditure entity, or electioneering communication entity; or Any other personal identification information approved by the State Administrator. Election Law Article, §§2-102(b)(4), 13-320, and 13-324, Annotated Code of Maryland Effective date: October 19, 2009 (36:21 Md. R. 1595) Regulation .01 amended effective January 9, 2012 (38:27 Md. R. 1765) Regulation .02 amended effective January 9, 2012 (38:27 Md. R. 1765) In this chapter, the following term has the meaning indicated. Terms Defined. “Financial Institution” has the meaning stated in Financial Institutions Article, §1-101(i), Annotated Code of Maryland. “Third-Party Payment Processor” has the meaning stated in Financial Institute Article, §1-101(x)(2)(ii)(2), Annotated Code of Maryland. This chapter applies to the campaign account of a political committee under Election Law Article, §§13-218(b) and 13-220, Annotated Code of Maryland. Campaign Account Required. Promptly after filing a Statement of Organization with the State Board, a political committee shall: Establish at a financial institution a checking account that will serve as the campaign account; Register with the financial institution the campaign account in a manner that identifies it as the account of a political committee; and Designate the responsible officers' access to the campaign account. Other Permissible Accounts or Investments. A political committee may, in addition to the checking account required in §A of this regulation, establish additional accounts or temporarily invest campaign funds as provided in this section. Permissible accounts or investments are limited to: Deposit accounts at a financial institution that are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA); Certificates of deposit with a stated rate of interest and a term of 3 years or less; Obligations of the U.S. Government or its agencies with maturities of 3 years or less; and Cash management accounts, money market accounts, or money market mutual funds that are offered and available to the general public. Use of Other Permissible Accounts or Investments. Any funds transferred from the registered campaign account into an FDIC-insured deposit account or temporary investment vehicle shall be returned to the registered campaign account before such funds may be used to make expenditures. Presence in State. The financial institution shall have a business office or business agent located in the State. Required Use of Campaign Account. Except otherwise expressly authorized by statute, all transactions by the political committee shall be conducted through the registered campaign account. Use of Payment Processors. If a contribution to a campaign finance entity is made through a Third-Party Payment Processor, the campaign finance entity shall initiate the transfer of the contribution from the account of the Third-Party Payment Processor to the designated campaign account of the campaign finance entity within 7 days after the contribution is deposited in the account of the Third-Party Payment Processor. Method of Disbursements. Except as provided in §B of this regulation, a political committee shall make all disbursements from the authorized designated campaign account of the political committee by: Order check; Counter check; Debit card issued by a financial institution; Electronic funds transfer (EFT); Electronic check; or Wire transfer. Other Permissible Disbursements. A political committee may: Authorize an individual to make payments from personal funds on behalf of the political committee provided that individual is fully reimbursed by the political committee; or Make a disbursement from a petty cash fund only if the political committee: Established the petty cash fund prior to the disbursement; and Follows the requirements in Election Law Article, §13-220(c), Annotated Code of Maryland. Disbursements by Treasurer. Except as provided in §D of this regulation, the treasurer shall authorize all disbursements for the political committee. Disbursements by Chair. The chair of a political committee may approve a disbursement on behalf of the political committee in the manner prescribed under Election Law Article, §13-220(b), Annotated Code of Maryland, only if the treasurer is temporarily unable to perform the duties of the office due to: Medical emergency or disability; Death in the family; Extended travel out of the State; or Any other extenuating circumstances existing to justify the chair's assumption of the treasurer's duties. A political committee may not: Use the personal account of the candidate or any responsible officer as the campaign account; Invest campaign funds in any investment vehicles other than those listed in Regulation .03B of this chapter. Use one of the following for making expenditures: Cash, except for authorized disbursements pursuant to Election Law Article, §13-220(c), Annotated Code of Maryland; Credit card; Money order; or Any other method not authorized by law. Use a third-party payment processor as a campaign account or a financial institution. Requirement. A political committee shall maintain and retain an account book of the campaign finance activity of the political committee. Campaign finance reports are not considered the account book of the political committee. All disbursement or expenditures entries in the account book shall be supported by: Receipts or invoices from the vendor; or Contracts for services provided. Contents. The account book shall have detailed and accurate records of all: Assets received, including ticket sales, in-kind contributions transfers to the committee, and any other income received by the political committee; Disbursements and expenditures made; Obligations incurred by or on behalf of the political committee, including loan consent agreements; and Other records used in the preparation of campaign finance reports, including any correspondence sent to a contributor requesting employer and occupation information. For every asset received and expenditure made, the account book shall have: The amount or value of the asset received or expenditure made; The date of the asset received or expenditure made; 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. Retention and Inspection. The State Board may request to inspect and receive a copy of all account books and related records of account book entries. All account books and related records of account book entries must be: Retained and available for inspection until the earlier of: 10 years after the creation of an account book entry or related records; or 2 years after the political committee files its final campaign finance report. Stored and retained by the political committee in: The original format of the record production; A photocopy of the original format of the record production; or A scanned pdf format of the record production. Election Law Article, §2-102(b)(4) and Title 13, Subtitle 2, Part IV, Annotated Code of Maryland Effective date: Regulations .01—.05 adopted effective October 18, 2010 (37:21 Md. R. 1439) Regulation .01 amended effective February 29, 2016 (43:4 Md. R. 336); October 27, 2025 (52:21 Md. R. 1026) Regulation .03 amended effective March 19, 2012 (39:5 Md. R. 385) Regulation .03B amended effective January 9, 2012 (38:27 Md. R. 1765); July 23, 2012 (39:14 Md. R. 839) Regulation .03F adopted effective October 27, 2025 (52:21 Md. R. 1026) Regulation .04A amended effective January 9, 2012 (38:27 Md. R. 1765) Regulation .04C, D amended effective October 13, 2025 (52:20 Md. R. 1003) Regulation .05B amended effective March 19, 2012 (39:5 Md. R. 385) Regulation .05C amended effective January 9, 2012 (38:27 Md. R. 1765) Regulation .05D adopted effective October 27, 2025 (52:21 Md. R. 1026) Regulation .06 adopted effective February 29, 2016 (43:4 Md. R. 336) For purposes of this chapter, the following terms have the meanings indicated. Terms Defined. “Agent” means a person acting on behalf of and in coordination with a political committee. Application Software. “Application software” means software designed to help the user to perform a single or multiple related specific tasks. “Application software” includes all terms descriptive of application software, including but not limited to “application” and “app.” “Authority line” has the meaning stated in Election Law Article, §13-401, Annotated Code of Maryland. “Barcode” includes a matrix code, 2d barcode, QR code, and 2d code. “Distribution” means the act or instance of sharing or sending campaign material or hyperlinks of campaign material to the public, or to a list of subscribers, by means of an electronic communication or online platform, the Internet, text messaging service, or software application. “Electronic media advertisement” means a qualifying paid digital communication, or other electronic communication in which campaign material is disseminated, distributed or published on social media, a micro-blog, the Internet, text messaging, an online platform, or other forms of electronic media other than radio, broadcast, cable or satellite television by a political committee. “Micro-blog” means a web service that allows the user to post and send either to a selected group of people or so that they can be viewed by anyone, short user-generated content which includes text messages, photos or videos. Political Committee. “Political committee” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland; and “Political committee” also includes: A candidate; A person required to file an independent expenditure report pursuant to Election Law Article, §13-306, Annotated Code of Maryland; A person required to file an electioneering communication report pursuant to Election Law Article, §13-307, Annotated Code of Maryland; or Any entity or person required to register with the State Board under Election Law Article, Title 13, Subtitle 3, Annotated Code of Maryland. Publication. “Publication” means the act or instance of making campaign material available to the public, or to a list of subscribers, including by means of an electronic communication or an online platform, the Internet, a text messaging service, or a software application. “Publication” includes displaying content on the Internet, updating webpages, posting blogs, and providing updates or posts on social media. “Social media” means an electronic medium where users may create and view user-generated content, such as uploaded or downloaded videos or still photographs, blogs, video blogs, podcasts, instant messages, or email. In General. Each item of campaign material shall contain an authority line as required under Election Law Article, §13-401, Annotated Code of Maryland. A website, email, or other online content that is established, created, used, or authorized by a political committee or its agent for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland and, except as otherwise specified in this regulation, shall include an authority line as required under Election Law Article, §13-401, Annotated Code of Maryland. Social Media. A social media account established, created, used, or authorized by a political committee or its agent for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. A political committee that maintains a social media account is in compliance with the authority line requirement if the political committee or person posts the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, in the account profile or prominently on the landing or home page of the account. Micro-Blog. A micro-blog established, created, used, or authorized by a political committee or its agent for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. A political committee that maintains a micro-blog account is in compliance with the authority line requirement if: The authority line required under Election Law Article, §13-401(a), Annotated Code of Maryland, is posted on the account profile or prominently on the landing or home page of the micro-blog account. In cases where the micro-blog account does not permit the posting of the authority line, the political committee shall register the micro-bog account and the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, with the State Board. Electronic Media Advertisements. An electronic media advertisement published or distributed by a political committee or an agent of the political committee for the purpose of promoting or opposing a candidate, prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. Authority Line Required. A political committee that establishes an electronic media advertisement shall include the authority line required under Election Law Article, §13-401(a)(1), Annotated Code of Maryland, within the advertisement. If an electronic media advertisement is in text or graphic form and is too small to include the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, in a legible manner, the political committee is in compliance with the authority line requirement under Election Law Article, §13-401(a), Annotated Code of Maryland, if: The electronic media advertisement includes an icon or button that when viewed in the context of the electronic media advertisement, provides clear, meaningful and prominent notice that the electronic media advertisement is campaign material, and when clicked or scrolled over by the person viewing the electronic media advertisement, opens a page, window or an overlay that prominently displays the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland and the information required under Election Law Article, §13-405(b)(6), Annotated Code of Maryland; or The electronic media advertisement that does not allow for the use of the icon or button referenced in Regulation .02D(2)(b)(i) of this chapter, when clicked by the person viewing the electronic media advertisement, opens a page or window that prominently displays the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland; and the political committee notifies the State Board of the online platform that does not allow for the use of the icon or button referenced in Regulation .02D(2)(b)(1) of this chapter. Examples of electronic media advertisements that are too small to contain an authority line as required under Election Law Article, §13-401(a), Annotated Code of Maryland, include: A micro bar; A button ad; A text or communication that is 200 characters or fewer in length; and A graphic or picture link where it is not reasonably practical due to the size of the graphic or picture link. Barcodes. A barcode established, created, used, or authorized by a political committee or its agent for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. Authority Line Required. A political committee that establishes, creates, uses or authorizes the creation, establishment, or use of a barcode shall include the authority line required under Election Law Article, §13-401(a)(1), Annotated Code of Maryland, within the publication or distribution of the accompanying information or opinion. If the accompanying information or opinion publicized or distributed is too small to include the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, in a legible manner, the political committee is in compliance with the authority line requirement under Election Law Article, §13-401(a), Annotated Code of Maryland, if: The accompanying information or opinion contains an internet address of the political committee responsible for the publication or distribution and allows the receiver of the accompanying information or opinion to click on the internet address and be taken to a landing or home page that prominently displays the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, of the political committee responsible for the publication or distribution; or In cases where the accompanying information or opinion does not allow the receiver to click on an internet address, the political committee notifies the State Board in writing of the accompanying information or opinion contained in that barcode, including any updates to that barcode, with the appropriate authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, within 24 hours after the publication or distribution of the barcode and accompanying information or opinion. By the end of the next business day of receipt from a political committee of the accompanying information or opinion related to a barcode, the State Board shall make that information or opinion along with the required authority line available to the public. Application Software. Application software established, created, used, or authorized by a political committee or its agent for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. Authority Line Required. A political committee that establishes, creates, uses or authorizes the use of application software shall include the authority line required under Election Law Article, §13-401(a)(1), Annotated Code of Maryland, on all display pages for that application software and within any information or opinion publicized or distributed using that application software. If a display page for the application software or for information or opinion publicized or distributed via the application software is too small to include the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, in a legible manner, the political committee is in compliance with the authority line requirement under Election Law Article, §13-401(a), Annotated Code of Maryland if: The display page or information or opinion contains an internet address of the political committee responsible for the publication or distribution and allows the receiver of the display page or information or opinion to click on the internet address or hyperlink address and be taken to a landing or home page that prominently displays the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, of the political committee responsible for the publication or distribution; or In cases where the accompanying information or opinion for application software does not allow the receiver to click on the internet address or hyperlink address, the political committee notifies the State Board in writing of the accompanying information or opinion contained in that application software, including any updates, with the appropriate authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, within 24 hours after the publication or distribution of the application software and accompanying information or opinion. By the end of the next business day of receipt from a political committee of accompanying information or opinion related to application software, the State Board shall make that information or opinion along with the required authority line available to the public. Bots and Paid Promotion. A political committee or other person responsible for any publication may not conceal or misrepresent the identity of the political committee or person responsible for the publication via the use of a software application or paid service that generates or deploys multiple social media profiles, such as a bot, to distribute or disseminate the publication. Deep Fake. In this section “deep fake” means an audio or video recording that appears to constitute a true recording of an action, a sound, a vocalization, or an image, but: Did not occur in the manner presented by the recording in reality; and Was generated with the assistance of computer software to create apparently authentic images, vocalizations, or recordings. A deep fake created, used, paid for, or authorized by a political committee or its agent for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. A political committee that creates, uses, pays for, or authorizes the creation, distribution, publication, or use of a deep fake as or included in campaign material, shall include: The authority line required under Election Law Article, §13-401(a)(1), Annotated Code of Maryland, within the publication or distribution of the deep fake; and In a clear and conspicuous manner at the beginning and the end of the part of the campaign material containing the deep fake, that the content or substance of what is being presented does not reflect a true recording of an action, sound, or image that occurred in reality. Text Message. A text message created, used, paid for, or authorized by a political committee or its agent and sent to a potential voter or donor for the purpose of promoting or opposing a candidate, a prospective candidate, or the approval or rejection of a question is campaign material as defined under Election Law Article, §1-101(k), Annotated Code of Maryland. A political committee that creates, uses, pays or authorizes the creation, distribution, publication, or use of a text message constituting campaign material under §I(1) of this regulation shall include the authority line required under Election Law Article, §13-401(a)(1), Annotated Code of Maryland, within the text message. If the character limit of a text message constituting campaign material described in §I(1) of this regulation is not sufficient to include the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, in a legible manner, the political committee is in compliance with the authority line requirement under Election Law Article, §13-401(a), Annotated Code of Maryland, if a second text message that prominently displays the authority line information required under Election Law Article, §13-401(a), Annotated Code of Maryland, is immediately sent to the same number to which the text message constituting campaign material described in §I(1) of this regulation was sent. Multiple Political Committees; Shared Costs. Campaign material produced, distributed, and published jointly by more than one political committee shall contain the authority line on the campaign material for every political committee that purchased the campaign materials directly from the supplier or vendor. Multiple Political Committees; Non-Shared Costs. Campaign material produced, distributed, and published jointly by more than one political committee but paid for by one political committee shall: Bear the authority line from the purchasing political committee only; and Be reported as an in-kind contribution from the purchasing political committee to the other political committees associated with the campaign material. Minimum Requirement. A political committee shall retain a sample copy of each item of campaign material for at least 1 year after the general election next following the date when the campaign material item was published or distributed. Electronic Media Advertisement. For each item of campaign material that is an electronic media advertisement, the political committee shall retain a sample copy for at least 1 year after the general election next following the date when the campaign material item was published or distributed in: A paper format; or A non-rewriteable electronic medium that can produce paper facsimile upon request. Social Media or Micro-Blog. For each text message or communication published or distributed on a social media or a micro-blog, the political committee or candidate shall retain a detailed log of the date and content of the text message or communications posted by the candidate or political committee for at least 1 year after the general election next following the date of the text message or communication. Retention of Campaign Materials — In General. Except as provided in §§B and C of this regulation, a political committee shall retain a sample copy of each item of campaign material for at least 1 year after the general election next following the date when the campaign material item was published or distributed. Retention of Electronic Media Advertisement. For each item of campaign material that is an electronic media advertisement, the political committee shall retain a sample copy for at least 1 year after the general election next following the date when the campaign material item was published or distributed in: A paper format; or A non-rewriteable electronic medium that can produce paper facsimile upon request. Retention of Other Electronic Communications. For each message or communication published or distributed by means of social media, a micro-blog, application software, or bar code, the political committee or candidate shall retain a detailed log of the date and content of the text message or communications posted by the candidate or political committee for at least 1 year after the general election next following the date of the message or communication. Subject to the penalties of Election Law Article, §13-602(b) or 13-604.1, Annotated Code of Maryland, a political committee or person may not publish or distribute, or cause to be published or distributed, campaign material in violation of this chapter. Election Law Article, §2-102(b)(4), 13-245, 13-401, and 13-404, and Title 13, Subtitle 4, Part I, Annotated Code of Maryland Effective date: Regulations .01—.05 adopted as an emergency provision effective July 20, 2010 (37:17 Md. R. 1182); emergency expired effective 12/20/10 Regulations .01—.05 adopted effective December 21, 2010 (37:21 Md. R. 1439) Chapter revised effective August 19, 2013 (40:16 Md. R. 1347) Regulation .01B amended effective May 6, 2019 (46:9 Md. R. 445) Regulation .02D amended effective May 6, 2019 (46:9 Md. R. 445) Regulation .02G adopted effective May 6, 2019 (46:9 Md. R. 445) Regulation .02H, I adopted effective July 11, 2022 (49:14 Md. R. 705) Regulation .06 amended effective March 27, 2017 (44:6 Md. R. 328) This chapter applies to a person making independent expenditures and the required information on an independent expenditure report submitted to the State Board with respect to donations received, expenditures made, and outstanding obligations pursuant to Election Law Article, §13-306, Annotated Code of Maryland. In General. A person shall file the registration form required under §B of this regulation with the State Board within 48 hours after the person has made aggregate independent expenditures of $5,000 or more in an election cycle for campaign material that is a public communication. Registration Form Requirements. The registration form shall consist of the following information: The identity of the person making the independent expenditures; The business or registration address of the person making the independent expenditures; The name and mailing address of the individual designated as the treasurer or the officer to file independent expenditure reports pursuant to Election Law Article, §13-306, Annotated Code of Maryland; The name of the candidate or ballot issue identified in the campaign material that is a public communication; Whether the public communication supported or opposed the clearly identified candidate or ballot issue prominently featured in the campaign material; The name and mailing address of the principal officer who is the individual exercising direction or control over the activities of the person making independent expenditures; and If the person is a business entity, whether the person: Will notify its shareholders, members, or donors of the independent expenditure disbursements by regular, periodic reports issued by the entity or by a hyperlink on the entity’s Internet homepage; or Will not provide notice because it does not have a regular, periodic report or Internet home page. Requirements for Shareholders’, Members’, or Donors’ Notification. If the person will provide the notification in §B(7)(a) of this regulation: The text reporting the independent expenditure made must be in at least 10-point type; or The required hyperlink on the home or landing page of the person shall be labeled “Independent Political Spending”. Electronic Filing. The registration form shall be filed electronically by means of the browser-based software provided by the State Administrator. Registered Agent. The registration form shall be updated within 48 hours after the person making independent expenditures makes aggregate expenditures of $50,000 or more in the election cycle with: The name of the registered agent for the person making independent expenditures; and The business address of the registered agent for the person making independent expenditures. For cumulative donations received of $6,000 or more during a reporting period, the independent expenditure report filed by the person making independent expenditures shall include: The date the donation was received; If an in-kind donation, the amount of money or fair market value of the in-kind donation; The name of the person that made the donation; The address of the donor, provided that: If the donor is an individual, the address provided shall be where the individual resides or receives residential mail; or If the donor is a person except as provided in §A(4)(a) of this regulation, the address provided shall be where the person is registered or does business; Whether the donation was by cash, check, credit card, electronic transfer, or in-kind; The aggregate amount or value of donations received to date from the donor for the election cycle in which the independent expenditure report is filed; and If an in-kind donation, a description of the in-kind donation. Expenditures Made. For independent expenditures made to create or distribute campaign material that is a public communication, the independent expenditure report filed by the person making independent expenditures shall include: The date the independent expenditure was made; The transactional method used, whether cash, check, credit card, electronic transfer or in-kind; The name and address of the payee or the ultimate recipient of the funds; The name of the candidate or ballot issue identified in the public communication or to which the independent expenditure relates; Whether the public communication supported or opposed the clearly identified candidate or ballot issue prominently featured in the campaign material or independent expenditure. If the independent expenditure was to reimburse a person, the name and address of the person who received the reimbursement; The amount of the independent expenditure; and A description of the services or materials purchased by the independent expenditure. Outstanding Obligations. For outstanding obligations, the independent expenditure report filed by the person making independent expenditures shall include: The name and address of the person to whom an outstanding obligation is owed; The date the outstanding obligation was incurred; The balance due on the outstanding obligation at the end of the reporting period; For an outstanding obligation other than a loan, a brief description of the services or material provided that created the outstanding obligation; and If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230, Annotated Code of Maryland. Filing Method. An independent expenditure report shall be filed electronically by means of the browser-based software provided by the State Administrator. Additional Filing Requirements. Independent expenditure reports shall include an attestation by the filer, under penalties of perjury, in a format approved by the State Administrator that the contents of the electronic filing are a complete and accurate statement of the filer’s campaign finance activity. An independent expenditure report shall not be accepted by the State Board as filed unless it includes an electronic signature of the treasurer or other individual designated by the person under Regulation .02B(3) of this chapter. Except as provided in §B of this subsection, any campaign material published or distributed by a person making independent expenditures shall include: The name and business address of the person; and The following statement: “This message has been authorized and paid for by (name and address of the person making independent expenditures), (name and title of the treasurer or other individual designated as responsible for the campaign material that is a public communication). This message has not been authorized or approved by any candidate or ballot issue committee.” After registration with the State Board, any campaign material published or distributed by the person making independent expenditures does not need to include a business address of the person. Show Cause Notice. If the State Board determines that there has been a failure to file an independent expenditure report or that the report does not include the information required by Election Law Article, §13-306, Annotated Code of Maryland, the State Board shall issue a notice to the treasurer or other individual designated by an entity required to file the independent expenditure report. Contents of the Notice. The notice shall state that, within 30 days: The failure to file must be rectified; and The late filing penalty must be paid or the person making the independent expenditure must show cause why the State Board should not issue a civil citation. Issuance of the Civil Citation. If the person fails to respond the notice within 30 days of its issuance, the State Board shall issue a civil citation against the person making independent expenditures as specified in Election Law Article, §13-604.1, Annotated Code of Maryland. Availability. A person making independent expenditures may request a waiver of the penalty for the late filing of the independent expenditure report. Requirements. A request to waive the late fee penalty shall be made in writing and filed with the State Administrator. The request shall include: The name, address, and telephone number of the person making the independent expenditure; A detailed statement of the facts explaining why the person making the independent expenditure failed to timely file a statement of contributions; and A history of past compliance activity regarding the person making independent expenditures. Consideration and Determination. With approval of the State Board, the State Administrator may waive the late filing penalty for just cause. The State Administrator may deny a waiver request without notice or hearing. The decision of the State Administrator on the waiver request shall be in writing. Issuance of the Civil Citation. If payment of the penalty for the failure to file has not occurred within 30 days after the decision of the State Administrator, the State Board shall issue a civil citation against the person making the independent expenditure as specified in Election Law Article, §13-604.1, Annotated Code of Maryland. A person, or an agent of the person, that establishes, creates, uses, or maintains a social media account, micro-blog or website for disseminating campaign material that is a public communication shall attribute all such costs to the person making an independent expenditure in determining the aggregate amount of the public communication. The total shall include all costs associated with the establishment, creation, use, promotion or maintenance of the social media account, micro-blog or website, including payments to others for the design, promotion ,or content of the campaign material. Election Law Article, §§2-102(b)(4) and 13-306, and Title 13, Subtitle 4 Part 1, Annotated Code of Maryland Effective date: January 9, 2012 (38:27 Md. R. 1765) Regulation .02 amended effective June 25, 2012 (39:12 Md. R. 746); February 29, 2016 (43:4 Md. R. 336) Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159) Regulation .02E adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .03A, B amended effective February 29, 2016 (43:4 Md. R. 336) Regulation .06 adopted effective March 27, 2017 (44:6 Md. R. 328) Regulation .07 adopted effective March 27, 2017 (44:6 Md. R. 328) Regulation .08 adopted effective February 12, 2018 (45:3 Md. R. 159) This chapter applies to a person making electioneering communications and the information required on an electioneering communication report submitted to the State Board with respect to donations received, disbursements made, and outstanding obligations incurred pursuant to Election Law Article, §13-307, Annotated Code of Maryland. In General. A person shall file the registration form required under §B of this regulation with the State Board within 48 hours after the person has made aggregate disbursements of $5,000 or more in an election cycle for electioneering communications. Form Requirements. The registration form shall consist of the following information: The identity of the person making the electioneering communications; The business or registration address of the person making the electioneering communications; The name and mailing address of an individual designated as the treasurer or responsible officer authorized to act on behalf of the person making electioneering communications to file electioneering communication reports pursuant to Election Law Article, §13-307, Annotated Code of Maryland; The name of the candidate or ballot issue identified in the electioneering communications; Whether the electioneering communications supported or opposed the clearly identified candidate or ballot issue prominently featured in the electioneering communication. The name and mailing address of any additional person exercising direction or control over the activities of the person making disbursements for electioneering communications; and If the person is a business entity, whether the person: Will notify its shareholders, members, or donors of the electioneering communications disbursements by regular, periodic reports issued by the entity or hyperlink on the entity’s Internet homepage; or Will not provide notice because it does not have a regular, periodic report or Internet home page. Requirements for Shareholders’, Members’, or Donors’ Notification. If the person will provide the notification in §B(7)(a) of this regulation: The text reporting the electioneering communications disbursements must be in at least 10-point type; or The required hyperlink on the home or landing page of the person shall be labeled “Independent Political Spending”. Electronic Filing. The registration form shall be filed electronically by means of the browser-based software provided by the State Administrator. Registered Agent. The registration form shall be updated within 48 hours after the person making electioneering communication makes aggregate expenditures of $50,000 or more in the election cycle with: The name of the registered agent for the person making electioneering communication; and The business address of the registered agent for the person making electioneering communication. Report Requirements. For cumulative donations received of $6,000 or more during a reporting period, the electioneering communication report filed by the person making electioneering communications shall include: The date the donation was received; If an in-kind donation, the amount of money or fair market value of the in-kind donation; The name of the person that made the donation; The address of the donor provided that: If the donor is an individual, the address provided shall be where the individual resides or receives residential mail; or If the donor is a person except as provided in §A(4)(a) of this regulation, the address provided shall be where the person is registered or does business; Whether the donation was by cash, check, credit card, electronic transfer, or in-kind; The aggregate amount or value of donations received to date from the donor for the election cycle in which the electioneering communication report is filed; and If an in-kind donation, a description of the in-kind donation. Disbursements Made. For disbursements made, the electioneering communication report filed by the person making electioneering communications shall include: The date the disbursement was made; The transactional method used, whether cash, check, credit card, electronic transfer or in-kind; The name and address of the payee or the ultimate recipient of the funds; The name of the candidate or ballot issue to which the electioneering communications relates or featured; Whether the electioneering communications supported or opposed the clearly identified candidate or ballot issue prominently featured in the electioneering communication. If the disbursement was to reimburse a person, the name and address of the person who received the reimbursement; The amount of the disbursement; and A description of the disbursement. Outstanding Obligations. For outstanding obligations, the electioneering communication report filed by the person making electioneering communications shall include: The name and address of the person to whom the outstanding obligation is owed; The date the outstanding obligation was incurred; The balance due on the outstanding obligation at the end of the reporting period; For an outstanding obligation other than a loan, a brief description of the services or materials provided that created the outstanding obligation; and If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230, Annotated Code of Maryland. Filing Method. An electioneering communication report shall be filed electronically by means of the browser-based software provided by the State Administrator. Additional Filing Requirements. Electioneering communication reports shall include an attestation by the filer, under penalties of perjury, in a format approved by the State Administrator that the contents of the electronic filing are a complete and accurate statement of the filer’s campaign finance activity. An electioneering communication report will not be accepted by the State Board as filed unless it includes an electronic signature of the treasurer or other individual designated by the person under Regulation .02B(3) of this chapter. Except as provided in §B of this subsection, any campaign material published or distributed by a person making electioneering communications shall include: The name and business address of the person; and The following statement: “This message has been authorized and paid for by (name and address of the person making electioneering communications), (name and title of the treasurer or other individual designated as responsible for the electioneering communications). This message has not been authorized or approved by any candidate or ballot issue committee.” After registration with the State Board, any campaign material published or distributed by the person making electioneering communications does not need to include a business address of the person. Show Cause Notice. If the State Board determines that there has been a failure to file an electioneering communication report or that the report does not include the information required by Election Law Article, §13-307, Annotated Code of Maryland, the State Board shall issue a notice to the treasurer or other individual designated by an entity required to file the independent expenditure report. Contents of the Notice. The notice shall state that, within 30 days: The failure to file must be rectified; and The late filing penalty must be paid or the person making the electioneering communication must show cause why the State Board should not issue a civil citation. Issuance of the Civil Citation. If the person fails to respond the notice within 30 days of its issuance, the State Board shall issue a civil citation against the person making electioneering communication as specified in Election Law Article, §13-604.1, Annotated Code of Maryland. Availability. A person making electioneering communication may request a waiver of the penalty for the late filing of the electioneering communication report. Requirements. A request to waive the late fee penalty shall be made in writing and filed with the State Administrator. The request shall include: The name, address, and telephone number of the person making the electioneering communication; A detailed statement of the facts explaining why the person making the electioneering communication failed to timely file a statement of contributions; and A history of past compliance activity regarding the person making electioneering communication. Consideration and Determination. With the approval of the State Board, the State Administrator may waive the late filing penalty for just cause. The State Administrator may deny a waiver request without notice or hearing. The decision of the State Administrator on the waiver request shall be in writing. Issuance of the Civil Citation. If payment of the penalty for the failure to file has not occurred within 30 days after the decision of the State Administrator, the State Board shall issue a civil citation against the person making the electioneering communication as specified in Election Law Article, §13-604.1, Annotated Code of Maryland. A person, or an agent of the person, that establishes, creates, uses, or maintains a social media account, micro-blog or website for disseminating campaign material that is an electioneering communication shall attribute all such costs to the person making electioneering communications in determining the aggregate amount of the electioneering communication. The total shall include all costs associated with the establishment, creation, use, promotion or maintenance of the social media account, micro-blog or website, including payments to others for the design, promotion, or content of the campaign material. Election Law Article, §§2-102(b)(4), and 13-307, and Title 13, Subtitle 4, Part I, Annotated Code of Maryland Effective date: January 9, 2012 (38:27 Md. R. 1765) Regulation .02 amended effective June 25, 2012 (39:12 Md. R. 746); February 29, 2016 (43:4 Md. R. 336) Regulation .02E adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .03A, B amended effective February 29, 2016 (43:4 Md. R. 336) Regulation .06 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .07 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .08 adopted effective February 12, 2018 (45:3 Md. R. 159) In this chapter, the following terms have the meanings indicated. Terms Defined. “Contribution” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. “Covered official” means: The Governor; The Lieutenant Governor; The Attorney General; The Comptroller; and A member of the General Assembly. Electoral Purpose. “Electoral purpose” means to directly influence or participate in an election or future election while promoting or assisting in the promotion of a candidate, political party, or question. “Electoral purpose” includes an act of support that will result in the ultimate electoral benefit of the political committee making the expenditure. Firewall. “Firewall” means a screening mechanism maintained by a person to protect confidences from improper disclosure to other persons who are not involved in a particular representation. “Firewall” includes a policy implemented to prohibit the flow of information between employees or consultants providing services for the person paying for the communication and those employees or consultants currently or previously providing services to the candidate who is clearly identified in the communication. “Person” has the meaning stated COMAR 33.13.01.01B. “Political committee organized in support of a non-federal candidate” means: An authorized candidate campaign committee; A slate; A legislative party caucus committee, except for the administrative account; A political party central committee, except for the administrative account; or A political action committee whose major purpose is to support or oppose candidates to non-federal offices. In General. A person may not make any contribution through use of a legal entity that was not created for a bona fide purpose unrelated to contributions. This prohibition does not apply to contributions made through a political committee registered under Election Law Article, Title 13, Annotated Code of Maryland. Entity Receiving State Funds. An entity that receives over 50 percent of its funds from the State to cover its operating expenses during a single year may not make any contributions to a political committee for the rest of the election cycle in which the State funding occurred. Video Lottery Operation Licensee or Applicant. Except as provided in §E of this regulation, a person may not make any contributions to a political committee organized in support of a non-federal candidate for the rest of the election cycle once that person holds or controls at least a 5 percent interest in the property or business that is: An applicant for a video lottery operation license; or A holder of a video lottery operation license. Video Lottery Operation Licensee or Applicant — Same Owners. If the person in §C of this regulation is a corporation, any wholly owned direct or indirect subsidiary or any other entity owned or controlled by persons owning at least 80 percent of the ownership interests in the corporation, at any time during the election cycle, may not make any contributions to a political committee organized in support of a non-federal candidate for the rest of the election cycle. Video Lottery Operation Licensee or Applicant — Exception. If the person in §C of this regulation is an individual, the prohibition does not apply to any legal entity owned or controlled by that individual if the legal entity: Is organized for legitimate business purposes unrelated to gaming; and Does not have a direct interest or ownership in the property or business of an applicant or holder of a video lottery operation license. During General Assembly Session. During a regular session of the General Assembly, except as provided under Election Law Article, §13-236(c) and (d), Annotated Code of Maryland, a covered official or a person acting on behalf of or as an agent for the covered official may not for the benefit of any candidate or political committee set forth in §G of this Regulation: Receive or take possession of a contribution; Hold or conduct a fund-raising event; Provide information or notice to the general public or a defined group of persons regarding a fund-raising event to be held after session including: Time, date, or location of the fund-raising event such as a “Save the Date” notice; Suggested contribution amounts of the fund-raising event; or Suggested fund-raising activities such as raffles, paddle wheels, or spins; Directly or indirectly solicit a contribution by any means, including: Posting an invitation or save-the-date notice for a fundraising event on a social media account; or Forwarding tickets to a fund-raising event or emails soliciting a future contribution to potential contributors; Have an active contribution or solicitation link or page on the Internet; or Deposit or use any contribution of money that was not deposited prior to the regular session of the General Assembly except as provided in §H of this regulation. Benefiting Persons or Entities. A covered official may not engage in actions described in §F of this regulation for the benefit of: Any candidate for federal, State, or local office; An authorized candidate campaign committee; A slate that a candidate has joined; or The legislative party caucus committee with which the covered official is affiliated. Permissible Activities During Legislative Session by a Covered Official. During a regular legislative session of the General Assembly, a covered official or a person acting on behalf of or as an agent for the covered official may: Receive a loan and deposit its proceeds subject to the requirements of Election Law Article, §13-230, Annotated Code of Maryland; Make limited expenditures for a fund-raising event not held during a regular session for the purposes of securing a location and food or printing invitations; Solicit contributions or donations for: An out-of-State nonfederal candidate and any authorized entity established to elect out-of-State nonfederal candidates; A ballot issue committee organized under Election Law Article, Title 13, Annotated Code of Maryland; or A charitable organization; and Hold a contribution that was received and reported but not deposited prior to the start of the legislative session or return within 30 business days of start of the legislative session the contribution that was received and reported but not deposited prior to the start of the legislative session to the contributor. Anonymous Contributions Prohibited. A political committee may not receive or use a contribution from an anonymous source. A contribution is considered anonymous if the political committee does not know the identity and address of the contributor. Money Order Contributions. For the purposes of receiving a contribution, a money order contribution is considered as a cash contribution. In an election cycle, a person may not make one or more money order contribution transactions in excess of $100 to a political committee. Lump Sum Contributions. A political committee of a candidate may not: Report more than a cumulative amount of $25,000 in lump sum contributions during an election cycle; Report more than a cumulative amount of $25,000 in lump sum contributions collected in a manner pursuant to Election Law Article, §13-241 or 13-242, Annotated Code of Maryland; Report a lump sum contribution of more than: $1,500 in a 24-hour period from a spin or chance; or $2,500 in an election cycle from spins or chances; or Sell: A spin or chance for more than $2; or A raffle ticket for more than $5 per ticket. If a political committee raises contributions from a spin, chance, or raffle in excess of the reporting and solicitation limits for a lump sum contribution received 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. Slate Committee. Except as provided in §M of this regulation, a person may not make a contribution to a slate committee if the equally proportioned contribution among the candidate members of the slate would exceed the aggregate contribution limit of the person to a single candidate member of the slate when aggregated with contributions made by the person to the authorized candidate campaign committee of the candidate. Earmarked Contributions. A person may designate or earmark a contribution to a slate for the exclusive use or benefit of individual candidate members if: The designation or earmark is in writing from the person making the contribution; The aggregate contribution limit of the person to the designated or earmarked candidates does not exceed the contribution limits; and The slate committee maintains a copy of the earmark document as a part of its account book records. Electoral Purpose. A political committee may only make expenditures that are for an electoral purpose. Prohibited Expenditures. Except as provided in §C of this regulation, a political committee may not make an expenditure of campaign funds, directly or indirectly, in any amount for: The personal use or the personal benefit of a candidate, the candidate’s family, or any other individual; The mortgage, rent, or utilities for the personal residence of a candidate or candidate’s family; A political endorsement; Expenses relating to the necessary and ordinary course of holding elective office, except if related to legislative newsletters pursuant to Election Law Article, §13-408, Annotated Code of Maryland; Expenses not relating to the electoral purposes of the political committee, except if permissible under Election Law Article, §13-247, Annotated Code of Maryland; Legal defense costs or expenses, except those relating to investigations or legal actions resulting from the conduct of the campaign or election; Expenses relating to travel outside the country; Tuition and any other associated costs for educational programs or schooling; Administrative accounts of the political party central committee or legislative party caucus committee; Dues or any other expense for: A legislative caucus in the General Assembly; or Legislative organizations affiliated with the General Assembly including Society of Senates Past, Speaker’s Society, and Protocol; and A loan to a political committee. Permissible Expenditures. A political committee may make a direct expenditure to a political or advocacy committee or organization not regulated by Election Law Article, Title 13, Annotated Code of Maryland, only if: The expenditure serves an electoral purpose; The amount does not exceed $6,000; and The recipient of the expenditure is a: Non-federal out-of-State political committee; Municipal political committee located in Maryland; Political club; Federal candidate; or Inauguration or transition committee organization for a newly elected candidate in the State. Walk-Around Services. Direct or indirect cash disbursements by a political committee or a person acting on behalf of the political committee for walk-around services are prohibited. A payment to individuals contracted or employed for walk-around services by a vendor, consultant, or other person at the direction of or agreement by the political committee shall be by check. The vendor, consultant, or person paid by the political committee for walk-around services shall provide to the treasurer of the political committee for the account books of the political committee the names of, addresses of, and amounts paid to individuals hired by the vendor, consultant, or person for the performance of walk-around services. Prohibited. A person or entity subject to Election Law Article, §§13-306, 13-307, and 13-309.1, Annotated Code of Maryland, may not, with respect to any disbursement, whether actual, planned, or promised, coordinate with: A candidate; A campaign finance entity of a candidate, political party or ballot issue; or An agent of a candidate, political party, or a ballot issue committee. Coordinated Actions. A disbursement or a promise to make a disbursement by a person or entity subject to Election Law Article, §§13-306, 13-307, and 13-309.1, Annotated Code of Maryland, shall be deemed a coordinated expenditure if the disbursement: Is made at the request, direction, or suggestion of the candidate or agent of the candidate, political party, or ballot issue committee; Uses campaign material, strategies, or other campaign information that is not generally available to the public and was shared by a candidate or an agent of the candidate, political party, or ballot issue committee including information relating to: Messaging or content of an advertisement; Polling data; Research on a candidate or issue; Allocation of campaign resources; Targeted or intended audience; or Media plans for making a public communication, for example the specific media outlet to be used, the timing, frequency, or schedule for making the communication, and similar information; Republishes nonincidental portions of campaign material prepared by the candidate, ballot issue committee, or political party; Is made after details of the disbursement are privately discussed or disclosed with the candidate or agents of the candidate, political party, or ballot issue committee; or Involves any agreement between the person or entity and the candidate, political party or ballot issue committee regarding payment of expenses or receipt of contributions, including designs or schemes to evade Election Law disclosure requirements or contribution limits. Use of a Vendor. A person or entity subject to Election Law Article, §§13-306, 13-307, and 13-309.1, Annotated Code of Maryland, is presumed to have made a coordinated expenditure if the during the 18-month period preceding the disbursement, the person has retained the professional services of a vendor, an advisor, or a consultant that has provided professional services to the candidate or political party that is the beneficiary of the disbursement unless the entity employing the vendor, advisor, or consultant has established a firewall. A firewall shall be set up to prevent individual employees of the vendor, consultant, or advisor from working on both accounts within the 18-month period. Thirty days after the filing of a campaign finance report for an applicable transaction period, the campaign finance report may not be amended in a way that alters a reported contribution received during the applicable transaction period into a loan. : Election Law Article, §§1-101(o), 1-101(aa), 2-102(b)(4), 13-218, 13-220.1, 13-221, 13-225—13-237, 13-239, 13-245, 13-306, 13-307, and 13-309.1 and Title 13, Subtitle 3, Annotated Code of Maryland Effective date: March 19, 2012 (39:5 Md. R. 385) Regulation .01 amended effective December 23, 2013 (40:25 Md. R. 2073) Regulation .01B amended effective June 8, 2015 (42:11 Md. R. 727); February 29, 2016 (43:4 Md. R. 336); May 29, 2023 (50:10 Md. R. 407) Regulation .02 amended effective August 19, 2013 (40:16 Md. R. 1347) Regulation .02D amended effective May 6, 2019 (46:9 Md. R. 445) Regulation .02F—I adopted effective June 8, 2015 (42:11 Md. R. 727) Regulation .02F amended effective March 27, 2017 (44:6 Md. R. 328) Regulation .03 adopted effective August 19, 2013 (40:16 Md. R. 1347) Regulation .03B amended effective June 8, 2015 (42:11 Md. R. 727); March 27, 2017 (44:6 Md. R. 328) Regulation .03C amended effective June 8, 2015 (42:11 Md. R. 727) Regulation .03D adopted effective August 26, 2019 (46:17 Md. R. 727) Regulation .04 adopted effective March 27, 2017 (44:6 Md. R. 328) Regulation .04B amended effective May 29, 2023 (50:10 Md. R. 407) Regulation .04C adopted effective May 29, 2023 (50:10 Md. R. 407) Regulation .05 adopted effective October 2, 2023 (50:19 Md. R. 854) This chapter applies to all electronic contributions received by a political committee. For the purposes of this regulation, a credit card contribution made by a person to a political committee is not an electronic contribution. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Common short code” means a unique text message number that may be accessed by an individual through the use of SMS on a wireless communication device or computer. “Short message service” or “SMS” means a service that allows the exchange of short text messages between or among wireless communication devices or computers. Electronic Contribution Requirements. As provided in §B of this regulation, a person may make an electronic contribution to a political committee if: A record of the name and address of the person is provided to the receiving political committee; The person approves and authorizes the contribution; The contribution is made using one of the secure methods in §B of this regulation; and For contributions made using a common short code: The contribution amount is not greater than $10.00 for each transaction; The common short code is directly associated with the political committee receiving the contribution; and The person receives a confirmation that the transaction occurred. Method of Electronic Contributions. A political committee may receive an electronic contribution if made by: Electronic funds transfer authorized by the contributor and transferred directly from the contributor’s account in a financial institution into the political committee’s campaign account; Wire transfer authorized by the contributor and transferred directly from the contributor’s account in a financial institution into the political committee’s campaign account; A financial-institution-issued debit card withdrawal authorized by the contributor and transferred directly from the contributor’s account in a financial institution into the political committee’s campaign account by the political committee or by a processing agent of the political committee; or An authorized payment for a common short code message associated with a political committee authorized by the contributor through the use of a wireless communication device owned by the contributor and transferred into the political committee’s campaign account by the political committee or by a processing agent of the political committee. Reporting Electronic Contribution. A political committee may not report on a campaign finance report any electronic contribution received by a political committee as a lump sum contribution. Contribution Reporting Requirements. A political committee shall meet the contribution reporting requirements of COMAR 33.13.02.02A for any electronic contribution received. Election Law Article, §2-102(b)(4), 13-234, and 13-304(b), Annotated Code of Maryland Effective date: April 30, 2012 (39:8 Md. R. 537) This chapter applies to the establishment of and restrictions on legislative party caucus committees. In General. For a Senate party committee, elect candidates to the Senate of Maryland; or For a House party committee, elect candidates to the Maryland House of Delegates. By-Laws. The legislative party caucus committee shall develop and submit by-laws to the State Board for approval. The by-laws shall: State the purpose of the legislative party caucus committee; Create rules for conducting its business; Establish permanent staff positions and define the general overall responsibilities for each such staff position; and Establish a method of amending the by-laws. All changes to the by-laws shall be submitted to the State Board within 30 days of the change for review and approval by the State Board. Except as otherwise provided in Title 13 of the Election Law Article or in this chapter, each legislative party caucus committee shall be governed according to the by-laws approved by the State Board. Appointing Authority. Except as provided in §C(2) of this regulation, the appointing authority for the chairman and treasurer of a legislative party caucus committee is: For a principal political party: In the Senate of Maryland, the President of the Senate or the Senate Minority Leader; and In the Maryland House of Delegates, the Speaker of the House or the House Minority Leader; or For a recognized, non-principal political party: If the party has elected members in the Maryland General Assembly, the highest ranking member of each respective chamber, as determined by seniority; or If the party has no elected members in the Maryland General Assembly, the chairman of the State party central committee. The by-laws of a legislative party caucus committee may establish an alternative appointing authority. Required Filings. Prior to engaging in campaign finance activity, a legislative party caucus committee shall file with the State Board: A statement of organization designating the chairman and treasurer selected by the appointing authority of the legislative party caucus committee; and By-laws that have been approved by the State Board. Disbursements. A legislative party caucus committee may not receive or disburse money or any other thing of value unless the committee has been established in accordance with the requirements of this chapter. Authority to Make Disbursements. Except as authorized and directed by the chairman, the treasurer of a legislative party caucus committee shall not make any expenditures or disbursements of the committee’s assets or incur any liability on its behalf. Certain Transfers and Contributions. A legislative party caucus committee may make transfers or coordinated in-kind contributions greater than $6,000 to a single authorized candidate campaign committee of a candidate that it seeks to elect only if the candidate: Is a member of the recognized political party for the legislative party caucus committee; and Has filed a certificate of candidacy for the next election of the General Assembly, or a declaration of intent to seek the nomination of a recognized non-principal political party for the next election of the General Assembly; or Is an incumbent officeholder and the deadline for filing a certificate of candidacy for the office held by the incumbent has not passed. Representation. Unless a legislative party caucus committee is registered with the State Board, an organization or political entity shall not represent that it is the official legislative party caucus committee for any political party. Account Book. Subject to the aggregate in-kind contributions limit pursuant to Election Law Article, §13-226(c), Annotated Code of Maryland, the legislative party caucus committee shall in its account book itemize and attribute coordinated expenditures to the authorized candidate campaign committees of the candidate it seeks to elect. Affidavit. The treasurer of the legislative party caucus committee shall file an affidavit with the campaign finance report required pursuant to Election Law Article, §13-309(b)(2), Annotated Code of Maryland, attesting, under penalty of perjury, that no candidate received aggregate in-kind contributions greater than the limit pursuant to Election Law Article, §13-226(c), Annotated Code of Maryland. Election Law Article, §§2-102(b)(4) and 13-208.1, Annotated Code of Maryland Effective date: December 23, 2013 (40:25 Md. R. 2073) Regulation .03C amended effective February 29, 2016 (43:4 Md. R. 336) Regulation .04 adopted effective February 29, 2016 (43:4 Md. R. 336) In this chapter, the following term has the meaning indicated. Term Defined. “Administrative funds” means funds used for non-electoral purposes. Only a central committee of a recognized political party or a legislative party caucus committee may establish or maintain an administrative account. Prior to the receipt or disbursement of administrative funds, a central committee of a recognized political party or a legislative party caucus committee shall establish an administrative account by: Opening at a financial institution that does business in the State a checking account: Designated as the administrative account; and Segregated from the campaign accounts of the political committee as required under Election Law Article, §13-220, Annotated Code of Maryland; and Registering the administrative account with the financial institution and the State Board in a manner that identifies it as the administrative account of the political committee. Account Books. The political committee shall: Maintain account books and records for the administrative account in accordance with the requirements of Election Law Article, §13-221, Annotated Code of Maryland; Segregate the account books and records for the administrative account from the account books and records required for campaign accounts; Allow the responsible officers access to the account books and records of the administrative account; and Report all donations received, disbursements made, and outstanding obligations incurred by the administrative account on the political committee’s regularly scheduled campaign finance report in accordance with Election Law Article, §13-309, Annotated Code of Maryland. Other Permissible Accounts or Investments. In addition to the checking account required under Regulation .03 of this chapter, a political committee may establish additional bank accounts or temporarily invest administrative funds. Administrative funds may be invested only in: Deposit accounts at a financial institution that are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA); Certificates of deposit with a stated rate of interest and a term of 3 years or less; Obligations of the U.S. Government or its agencies with maturities of 3 years or less; and Cash management accounts, money market accounts, or money market mutual funds that are offered and available to the general public. Disclosure. The political committee shall report all donations received, disbursements made, and any liabilities or outstanding obligations incurred regarding the administrative accounts on the regularly scheduled campaign finance report for that political committee. Donations Received. For donations deposited into an administrative account, the campaign finance report shall include: The date that the donation was received; The amount of money or fair market value of the donation; The name of: The individual who made the donation; The business entity or other legal entity that made the donation; or The non-federal, out-of-State political committee that made the donation; The address of the donor provided that: If the donor is an individual: The address where the individual resides or receives residential mail; or An alternate address approved by the State Board if the State Board has granted the individual’s request for confidentiality under COMAR 33.04.02; or If the donor is a business entity or other legal entity, the address where that business entity or other legal entity is registered, does business or receives official mail; The method of the transaction and any other information on the transaction method required by the State Administrator; The aggregate amount of donations received to date from the donor for the election cycle in which the campaign finance report is filed; and A designation on the campaign finance report that the donation was to the administrative account. Disbursement Made. For disbursements made using administrative funds, the campaign finance report shall include: The date the disbursement was made; The method of the disbursement transaction including any information on the transaction method required by the State Administrator; The name and address of the payee and the ultimate recipient of the administrative funds, if other than the payee; The amount of the disbursement; A description of the purpose of the disbursement; and A note on the campaign finance report explaining that the disbursement was made from the administrative account and was used for a permissible administrative purpose. Outstanding Obligations. For outstanding obligations of the administrative account, the campaign finance report shall include: The name and address of the person to whom an outstanding obligation is owed; The date the outstanding obligation was incurred; The current balance of the outstanding obligation owed at the end of the campaign finance reporting period; For an outstanding obligation other than a loan, a brief description of the item relating to the outstanding obligation; If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230(c), Annotated Code of Maryland; and A designation on the campaign finance report that the outstanding obligation was administrative. Permissible Use. Administrative funds shall be used exclusively for non-campaign related activities. Permissible Activities. The following activities are permissible non-campaign related activities and may be paid with administrative funds: Salary for permanent staff positions, including part-time positions, as defined in the bylaws; Office equipment and supplies for use by the committee maintaining the administrative account; Service charges for cell phones or other electronic devices used by permanent staff; Regular maintenance of voter files; Voter registration activity; Generic issue polling and research provided that such polling or research is completed more than 60 days before an election in which the committee is participating; Research on legislative issues; Communications with the public on legislative issues, provided that the communications occur: During a regular or special session of the Maryland General Assembly; Within 30 days before or 30 days after a regular session; and Within 14 days before or 14 days after a special session; Rent, utilities and building maintenance charges for a permanent office; Bank charges, accounting fees, tax preparation fees, or costs associated with the filing of campaign finance reports; Legal fees or similar professional or service fees; and Fundraising activities for soliciting donations to the administrative account only. Commingling of Funds. A political committee may not commingle the funds of a campaign account and an administrative account. Prohibited Activities. The political committee may not expend administrative funds on election-related or campaign-related activities, including: To pay for walk-around services or get-out-the-vote activities, including the cost of purchasing voter files or voter lists not maintained by the political committee; To conduct polling specific to any State or local candidate; To create or produce political advertising or campaign material; To purchase supplies or equipment for use by a candidate for campaign purposes; To pay salary or other compensation of employees, consultants, or others hired specifically to perform campaign-related activities, including get-out-the-vote activities or early voting or election day activities; To purchase or pay usage or service charges for cell phones and other electronic devices used by get-out-the-vote consultants or other staff, employees, or volunteers brought on or hired specifically for election day activities; and All other activities not expressly permitted in Regulation .06B of this chapter. Apportionment. If any portion of the disbursements made in Regulation .06B of this chapter relates to a specific candidate or legislative district or to the election of a candidate except as provided as a legislative issue communication, that portion of the expense may not be paid with administrative funds. Defined. A legislative communication for which administrative funds may be used is a communication that discusses proposed or actual legislation, the incumbent's position on the legislation, if any, and general statements regarding the incumbent's position on similar legislation or issues affecting the incumbent's constituents. Prohibitions. A legislative communication may not include advocacy or statements relating to the campaign or election of the incumbent, an appeal for votes or contributions, or reference or use of political slogans associated with the incumbent. Social Media. If the communication is distributed by a social media account or an electronic media advertisement, information regarding the legislation at issue must be featured prominently on the landing or home page of the account immediately after the constituent clicks on the link or electronic media advertisement. Election Law Article, §§2-102(b)(4) and 13-220.1, Annotated Code of Maryland Effective date: December 23, 2013 (40:25 Md. R. 2073) Regulation .06B amended effective October 2, 2023 (50:19 Md. R. 854) Regulation .08 adopted effective March 27, 2017 (44:6 Md. R. 328) This chapter applies to the administration of public campaign financing for elective office of county government. In General. A county government may establish a system of public campaign financing to fund candidates for elective office of county government. Plan Submission. No later than 1 year prior to the enactment of the system of public campaign financing, the county government shall submit the plan for the public financing system to the State Board for approval. Approval Required. The county government may not implement a system of public campaign financing without the approval of the State Board. Plan Review. Within 30 days of receipt of a plan, the State Board shall: Review the plan for conformity with State law and policy; and Notify the county government, in writing, that the plan is approved and conformed with State law and policy, or, if not approved, state the reasons the plan does not conform. Amended Plan Submission. If the State Board does not approve the plan, the county government may submit an amended plan for a public financing system at least 6 months prior to the date the system would be in effect for the next election. Establishment. A candidate for local office seeking public campaign financing shall establish an authorized candidate campaign committee with the State Board for the exclusive purpose of accepting public funds for election to a county office. Qualification. Prior to engaging in campaign finance activity relating to public financing, including receiving non-public contributions in order to qualify for public funds, the candidate shall: File with the State Board a Statement of Organization establishing an authorized candidate campaign committee for the exclusive use or purpose of accepting public funds; File with the State Board a notice of intent to qualify for public funds at the time of filing the Statement of Organization; and Cease all campaign finance activity using any other authorized candidate campaign committee affiliated with the candidate from the date that the candidate files the notice of intent to the date the candidate files the final report for the candidate’s public funding campaign committee. Prohibitions. A candidate who accepts public funds may not: Use any other authorized candidate campaign committee except for one established in §A of this regulation; or Be a member of a slate committee. Reports. All campaign finance reports of the authorized candidate campaign committee established in §A of this regulation shall be filed at the State Board in the manner and method set forth in COMAR 33.13.03.02. Expenditure Limit. An authorized candidate campaign committee of a candidate who accepts public funds may not expend, in the applicable election, any amount in excess of that permitted by law. Affiliation. A candidate who accepts public funds may affiliate with any other candidate, including non-publicly financed candidates, on campaign material if: The authorized candidate campaign committee established in §A of this regulation makes a direct disbursement to the payee for its share of the costs of the campaign material; and The campaign material displays the authority line of the authorized candidate campaign committee established in §A of this regulation. Inactive Committees. All authorized candidate campaign committees affiliated with the candidate, including any authorized candidate committees that have not filed a final report but are inactive during the election, shall continue to file campaign finance reports required by Election Law Article, §§13-304 and 13-309, Annotated Code of Maryland. The State Board shall: Prescribe all forms regarding campaign finance reporting; Determine whether a candidate has qualified for public financing based on the criteria established by the governing body of the county; Determine whether a candidate has raised sufficient seed money to qualify to receive public funds, if seed money is required under the county’s public financing system; Notify the chief financial officer of the county as to which candidates have qualified for public financing based on the criteria established by the governing body of the county and campaign finance reports filed; and Promptly after the gubernatorial general election, provide assistance, if requested, to the chief financial officer of the county administering the public election fund in the audit of all campaign finance reports and other documents submitted by a publicly funded candidate. The governing body of a county shall: Establish the qualifications, requirements, and deadlines to participate in and qualify for public campaign financing; Establish the permitted uses of public election funds; Provide for sufficient personnel to administer and implement the system for public campaign financing; and Establish administrative penalties for violations of the system of public campaign financing and identify the agency responsible for the enforcement of penalties. The chief financial officer of the county shall: Administer the public election fund; Credit to the public election fund all money collected for the public election fund; Promptly disburse any public contribution from the fund to any qualified and eligible candidate; In consultation with the State Board, provide full information to the public, to candidates, and to any other interested party on the process of administering the public election fund and on the requirements for obtaining public financing; and Promptly after the primary or general election for elective offices in the executive or legislative branches of county government, audit all campaign finance reports and other documents submitted by a publicly funded candidate for that election. In General. Coordinated expenditures by a State central committee of a political party with a candidate, or by the local central committee of a political party with a candidate who will appear only on the ballot in the county of the local central committee, are considered coordinated in-kind contributions. Limits. A State central committee may not make a coordinated in-kind contribution in excess of $10,000 per election to a candidate for elective office of county government participating in public financing in that election. A local central committee may not make a coordinated in-kind contribution in excess of $10,000 per election to a candidate for elective office of county government participating in public financing in that election. Sources of Funds. Any monies spent by a central committee on a coordinated in-kind contribution to a candidate for elective office of county government participating in public financing shall be raised from permissible sources for that candidate within the reporting period for which the coordinated in-kind contribution was made. Prohibitions. Except as provided in this regulation, all other coordinated in-kind contributions from other political committees are prohibited for a candidate for elective office of county government participating in public financing. Disclosure. All coordinated in-kind contributions for candidates for elective office of county government participating in public financing are subject to the reporting requirements of COMAR 33.13.18.02. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Contribution card” has the meaning stated in Election Law Article, §15-102(c), Annotated Code of Maryland. “Electronic signature” has the meaning stated in Election Law Article, §1-101(y), Annotated Code of Maryland. Electronic Signatures. An individual may place an electronic signature on the contribution card or the receipt of the contribution to the candidate for elective office of county government participating in public financing. Electronic Signatures — Process. An electronic signature: Shall be affixed or entered directly by the signer onto an electronic copy of the contribution card; and May not be prepopulated or otherwise entered by the signer by way of a check box, radio button, drop-down list, or other similar device, but, instead, shall be entered or affixed by the signer by making affirmative marks into an empty field. Electronic Signatures—Restrictions. An individual may not sign a contribution card with an electronic signature unless that individual affirms that the contribution: Is being made from personal funds of the individual; Is not being reimbursed or is not intended to be reimbursed in any manner; Is not being made as a loan; and If applicable, in the case of a credit card contribution, is made from a personal credit card account of the individual that has no corporate or business affiliation. Prohibitions. Transfers from a publicly financed candidate committee to any other political committee are prohibited. Voter Access Service. The purchase of the voter file access service from the State central committee is not considered a transfer and is a permissible expenditure. Election Law Article, §§2-102(b)(4) and 13-505(b)(7), Annotated Code of Maryland Effective date: August 4, 2014 (41:15 Md. R. 893) Regulation .04 amended effective February 12, 2018 (45:3 Md. R. 159) Regulation .05 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .06 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .07 adopted effective July 11, 2022 (49:14 Md. R. 705) Regulation .08 adopted effective July 11, 2022 (49:14 Md. R. 705) Regulation .09 adopted effective July 11, 2022 (49:14 Md. R. 705) This chapter applies to political action committees registered with the State Board under Election Law Article, §§13-207 and 13-208, Annotated Code of Maryland. At the time of filing a Statement of Organization at the State Board, a political action committee shall: Select a name of the political action committee that identifies its purpose and does not deceive or intentionally confuse the voter; Appoint responsible officers; File a statement of purpose identifying: The special interests promoted by or associated with the political action committee or its responsible officers, or the business or occupation that the contributors have in common; If applicable, the name of each candidate or ballot issue the political action committee was primarily formed to promote or defeat; and If applicable, the sponsor or affiliated entity identified or associated with the political action committee; State whether or not the political action committee will exclusively make: Independent expenditures; Disbursements for electioneering communications; or Both; and State the elections the political action committee will participate in on a recurring basis until the political action committee files a final campaign finance report. In General. Except as provided in §B of this regulation, a person may make a contribution to a political action committee subject to the contribution limits set forth in Election Law Article, §13-226, Annotated Code of Maryland. Exception. A person may make an unlimited contribution to a political action committee that is registered to make exclusively independent expenditures, disbursements for electioneering communications, or both. Reports. A political action committee shall file campaign finance reports required under Election Law Article, §13-309, Annotated Code of Maryland. Disclosure Reports. In addition to the reports required under §A of this regulation, a political action committee registered to make exclusively independent expenditures or disbursements for electioneering communications, or both, shall file disclosure reports required under Election Law Article, §13-309.1, Annotated Code of Maryland. In General. Except as provided in §B of this regulation, for any political action committee subject to the requirements of Election Law Article, §13-309.1, Annotated Code of Maryland, a disclosure report shall be filed within 48 hours after the day on which the committee’s spending on campaign material equals $10,000 or more in the aggregate in expenditures or disbursements, outstanding obligations, orders, agreements, or any combination thereof. Exception. A disclosure report is not required when the expenditures are to pay an outstanding obligation that has previously been disclosed on either a campaign finance report or a disclosure report. Expenditures Made. For expenditures made, the disclosure report filed by a political action committee registered to make exclusively independent expenditures or electioneering communications shall include: The date the expenditure was made; The transaction method, including any information on the transaction the State Administrator may require; The name and address of the payee; If the expenditure was to reimburse a campaign worker, the name and address of the campaign worker and the name and address of the ultimate recipient of the expenditure; The amount of the expenditure; A description of the goods or services for which the expenditure was made, including whether the expenditure was for a paid campaign advertisement; If an independent expenditure: The identity of the candidate or ballot issue to which the campaign material relates; and Whether the independent expenditure supports or opposes the candidate or ballot issue; If an electioneering communication: The identity of the candidate or ballot issue to which the campaign material relates; and Whether the electioneering communication advocates support of or opposition to a candidate or ballot issue; and If the expenditure was made to a person to engage in online advocacy on behalf of the political action committee, the name and Internet address of any social media identifier, online website, web log, blog, or microblog used by that person. Outstanding Obligations. For outstanding obligations, the disclosure report filed by a political action committee registered exclusively for independent expenditures or electioneering communications shall include: The name and address of the person to whom an outstanding obligation is owed; The date the outstanding obligation was incurred; The current balance of the outstanding obligation as of the end of the disclosure reporting period; For an outstanding obligation other than a loan: A brief description of the goods or services received by the committee; and Whether the outstanding obligation was for campaign material and, if so, the identity of the candidate or ballot issue to which the campaign material relates; and If the outstanding obligation is a loan, all of the information required by Election Law Article, §13-230, Annotated Code of Maryland. Contributions Received. For contributions received, the disclosure report filed by a political action committee registered to make exclusively independent expenditures or electioneering communications shall include: The date that the contribution was received by the campaign finance entity; The monetary amount or fair market value of the item or service rendered of the contribution; The name of the person making the contribution; If the person is not an individual, the permanent residential address of the individual contributor or registered business address of the person; Whether the contribution transaction was cash, check, credit card, or payroll deduction; Whether the contribution is from: An individual; A business entity, union, or other legal entity; A federal committee; A political club; A Maryland political action committee; A participating organization; A person making independent expenditures or electioneering communications; or A nonfederal out-of-State political committee; and If the contribution is an in-kind contribution, a description of the in-kind contribution. Applicability. The disclosure requirement on whether the campaign material supports or opposes a candidate or ballot issue shall be determined by the candidate or ballot issue that is prominently featured on the campaign material. Filing Method. A disclosure report shall be filed electronically by means of the browser-based software provided by the State Administrator. Additional Filing Requirements. Disclosure reports shall include an attestation by the responsible officers, under penalties of perjury and in a format approved by the State Administrator, that the contents of the electronic filing are a complete and accurate statement of the expenditures made by the political action committee. The State Board will not accept a disclosure report unless it is filed with an electronic signature of the responsible officers. Prior to the receipt or disbursement of compliance funds, a political action committee shall establish a compliance account by: Opening a checking account at a financial institution that does business in the State, which checking account shall be: Designated as the compliance account; and Segregated from the campaign accounts of the political action committee as required under Election Law Article, §13-220, Annotated Code of Maryland; and Registering the compliance account with the State Board in a manner that identifies it as the compliance account of the political action committee. Account Books. The political action committee shall: Maintain account books and records for the compliance account in accordance with the requirements of Election Law Article, §13-221, Annotated Code of Maryland; Segregate the account books and records for the compliance account from the account books and records required for campaign accounts; Allow the responsible officers access to the account books and records of the compliance account; and Report all donations received, disbursements made, and outstanding obligations incurred by the compliance account on the political committee’s regularly scheduled campaign finance report in accordance with Election Law Article, §13-309, Annotated Code of Maryland. Other Permissible Accounts or Investments. In addition to the checking account required under Regulation .08 of this chapter, a political action committee may establish additional bank accounts or temporarily invest compliance funds. Compliance funds may be invested only in: Deposit accounts at a financial institution that are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA); Certificates of deposit with a stated rate of interest and a term of 3 years or less; Obligations of the U.S. Government or its agencies with maturities of 3 years or less; and Cash management accounts, money market accounts, or money market mutual funds that are offered and available to the general public. Disclosure. The political action committee shall report all donations received, disbursements made, and any liabilities or outstanding obligations incurred regarding the compliance accounts on the regularly scheduled campaign finance report or disclosure report for that political action committee. Donations Received. For donations deposited into a compliance account, the campaign finance or disclosure report shall include: The date that the donation was received; The amount of money or fair market value of the donation; The name of: The individual who made the donation; The business entity or other legal entity that made the donation; or The non-federal, out-of-State political committee that made the donation; The address of the donor, provided that: If the donor is an individual: The address where the individual resides or receives residential mail; or An alternate address approved by the State Board if the State Board has granted the individual’s request for confidentiality under COMAR 33.04.02; or If the donor is a business entity or other legal entity, the address where that business entity or other legal entity is registered, does business or receives official mail; The method of the transaction and any other information on the transaction method required by the State Administrator; The aggregate amount of donations received to date from the donor for the election cycle in which the campaign finance report is filed; and A designation on the campaign finance or disclosure report that the donation was to the compliance account. Disbursement Made. For disbursements made using compliance funds, the campaign finance or disclosure report shall include: The date the disbursement was made; The method of the disbursement transaction, including any information on the transaction method required by the State Administrator; The name and address of the payee and the ultimate recipient of the compliance account funds, if other than the payee; The amount of the disbursement; A description of the purpose of the disbursement; and A comment on the campaign finance or disclosure report explaining that the disbursement was made from the compliance account and was used for a permissible compliance purpose. Outstanding Obligations. For outstanding obligations of the compliance account, the campaign finance or disclosure report shall include: The name and address of the person to whom an outstanding obligation is owed; The date the outstanding obligation was incurred; The current balance of the outstanding obligation as of the end of the campaign finance reporting period; For an outstanding obligation other than a loan, a brief description of the item relating to the outstanding obligation; If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230(c), Annotated Code of Maryland; and A designation on the campaign finance or disclosure report that the outstanding obligation was for compliance purposes. Use of the Funds. Compliance funds shall be used exclusively for compliance and other non-campaign related activities set forth in §B of this regulation. Permissible Activities. Compliance funds may be used only for the following activities: To pay for the cost of setting up or modifying the payroll program to permit the business entity to offer its employees the option of making voluntary contributions by payroll deduction; The costs associated with filing campaign finance or disclosure reports; The costs of informing employees of their rights regarding participation or non-participation in a payroll deduction program; The costs associated with records retention for the political action committee; and The costs of legal services or other professional services in relation to the compliance of the political action committee with the requirements of Election Law Article, Title 13, Annotated Code of Maryland. No Commingling of Funds. A political action committee may not commingle the funds of a campaign account and a compliance account. Prohibited Activities. The political action committee may not expend compliance funds: On election-related or campaign-related activities or any activities not expressly permitted in Regulation .11B of this chapter; or For the purpose of soliciting contributions for the political action committee. Acquisition. If a political action committee acquires, merges with, or takes control of another political action committee and is the surviving entity in the transaction, the prior transfers made by the non-surviving entity will not be retroactively attributed to the surviving entity. Newly Formed Entity. If a political action committee merges with another political action committee to form a new political action committee, the prior transfers made by each of the non-surviving political action committees will be attributed to the newly formed political action committee. If, as a result of such attribution, the prior transfers to a particular political committee exceed the applicable contribution limit under Election Law Article, Title 13, Annotated Code of Maryland, and this subtitle, the political committee shall not be required to return any amounts attributed to the newly formed political action committee that exceed the applicable contribution limit, but the newly formed political action committee may not make a further transfer to that political committee. Election Law Article, §§2-102(b)(4), 13-220.2, and 13-309.1, Annotated Code of Maryland Effective date: November 24, 2014 (41:23 Md. R. 1376) Regulation .06 amended effective February 29, 2016 (43:4 Md. R. 336) Regulation .08 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .09 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .10 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .11 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .12 adopted effective February 12, 2018 (45:3 Md. R. 159) Regulation .13 adopted effective May 6, 2019 (46:9 Md. R. 445) Applicability. This chapter applies to contributions made by business entities in accordance with Election Law Article, §13-226, Annotated Code of Maryland. Effective Date. This chapter is effective as of January 1, 2015. In General. For purposes of applying the contribution limits provided in Election Law Article, §13-226(b), Annotated Code of Maryland, contributions by two or more business entities are considered to be made by one contributor and affiliated if: One business entity is a wholly owned subsidiary of another; or The business entities are owned or controlled by at least 80 percent of the same individuals or business entities. Standard. For purposes of Election Law Article, §13-226(e), Annotated Code of Maryland, two or more business entities shall be considered to be owned or controlled by at least 80 percent of the same individuals or business entities if: 80 percent or more of the beneficial ownership or equity of each entity is held by the same person or group of persons; or 80 percent or more of the voting shares or rights, membership or partnership interests with voting or governing authority, control rights, trust control, or other form of governance or rights authority in each entity is directly or indirectly held or controlled by the same person or group of persons. Control. A person or group of persons is deemed to have direct or indirect control of one or more business entities if the person or group of persons is authorized to make decisions regarding: Direction and amount of contributions, political spending, or any other political activity on behalf of the business entities; or Responsibility for day-to-day operation of the business entities. Notice Requirement. At the time a contribution is made, the contributing business entity shall determine whether an affiliated business entity has made a prior contribution to the political committee during the current election cycle and, if so, provide prompt written notice to the political committee of the prior contribution, including the name and address of the affiliated business entity. Affiliation. After a determination of affiliation is made for contribution purposes, the business entities will be considered as one contributor for the remainder of the election cycle. If the business entity acquires, merges with, or changes ownership or control over another business entity and would be determined to be affiliated for contribution purposes: The prior contributions made by the acquired, merged, or newly owned or controlled business entity will not be retroactively attributed to the original business entity; and The future contributions made by the acquired, merged, or newly owned or controlled business entity will be attributed to the original business entity, along with the current aggregate contributions made by the original business entity. Prohibition. If a business entity is prohibited from making contributions, then all business entities affiliated with it are also prohibited from making contributions during the election cycle. Ownership or control of a business entity may not be changed or altered for the purpose of circumventing the contribution limits provided in Election Law Article, §13-226, Annotated Code of Maryland. Requirements. The costs in §B of this regulation will not be considered a contribution by a business entity to a political action committee that it has established and: Only solicits contributions from the employees of the business entity; or Participates in a payroll deduction program established by the business entity. Disbursements. The following costs by a business entity not considered a contribution to a political action committee it has established: The cost of establishing or modifying the payroll program to permit the business entity to offer its employees the option of making contributions by payroll deduction; Providing information or written materials regarding how to participate in the payroll deduction program to the employees of the business entity; The cost of compliance training for employees who volunteer to contact other employees to explain the political purpose and operation of the political committee established by the business entity and the employee’s right to refuse to participate without reprisal; The costs associated with soliciting employees to participate in the payroll deduction program including: The use of office space in the business entity; or Personnel of the business entity; or The cost of legal services concerning the requirements of Election Law Article, Title 13, Annotated Code of Maryland. Restrictions. A solicitation permitted under §B of this regulation by a business entity shall be limited to: Current or active employees, not spouses of the employees or retirees; Appeals for voluntary contributions without promise of reimbursement, reward, or other inducement from the business entity or labor organization in exchange for the employee’s participation; and Without actual or threatened penalty, coercion, discrimination, or other reprisal for the employee’s non-participation. Election Law Article, §§1-101 and 2-102(b)(4), Annotated Code of Maryland Effective date: November 24, 2014 (41:23 Md. R. 1377) Regulation .03 adopted effective February 12, 2018 (45:3 Md. R. 159) Applicability. This chapter applies to participating organizations influencing Maryland elections. In this chapter, the following terms have the meaning indicated. Terms Defined. “Participating organization” has the meaning stated in Election Law Article, §13-309.2, Annotated Code of Maryland. “Political disbursement” has the meaning stated in Election Law Article, §13-309.2, Annotated Code of Maryland. “Principal Officer” means the person exercising direction or control over the activities of the participating organization. In General. The participating organization shall file a registration notice with the State Board within 48 hours of making political disbursements of more than $6,000 cumulatively in an election cycle. Notice Requirements. The registration notice shall consist of the following information: The identity of the participating organization; The business address of the participating organization; The name and mailing address of the individual designated as the treasurer or responsible officer authorized to file reports required under Election Law Article, §13-309.2, Annotated Code of Maryland; The name and address of the principal officer of the participating organization; and A statement on whether or not the participating organization will file a participating organization report or provide an active Internet address on its landing page that contains the information required by the State Board as to the participating organization’s disbursements made and donations received. If the participating organization: Publishes the required information on an active Internet address as described in §B(1)(e) of this regulation, it shall provide the Internet address on the registration notice and identify the Internet link on its landing page as “Campaign Finance Activity” and use at least 12-point font for all required information; or Does not publish the required information on an active Internet address, the participating organization shall submit the reports required by Election Law Article, §13-309.2, Annotated Code of Maryland. Disbursements Made. For disbursements made, the report filed by a participating organization shall include: The date the expenditure was made; The transaction method, including any information on the transaction method required by the State Administrator; The name and address of the payee; If the expenditure was to reimburse a campaign worker, the name and address of the campaign worker and the name and address of the ultimate recipient of the expenditure; The amount of the expenditure; A description of the goods or services for which the expenditure was made, including whether the expenditure was for a paid campaign advertisement; If an independent expenditure: The identity of the candidate or ballot issue to which the campaign material relates; and Whether the independent expenditure supports or opposes the candidate or ballot issue; If an electioneering communication: The identity of the candidate or ballot issue to which the campaign material relates; and Whether the electioneering communication advocates support or opposition to a position or issue; and If the expenditure was to a person to engage in online advocacy on behalf of the political action committee, the name and Internet address of any social media identifier, online website, web log, blog, or microblog used by that person. Donations Received. For donations received, the report filed by a participating organization shall include: The date the donation was received by the participating organization; The amount of the donation; The name of: The individual who made the donation; or The organization, business, corporation, limited liability company, partnership, union, or other legal entity that made the donation; The address of the donor, including: If the donor is an individual, the address where the individual resides or receives residential mail; or If the donor is an organization, business, corporation, limited liability company, partnership, union, or other legal entity, the address where it is registered or does business; The aggregate amount of donations received to date from the donor for the calendar year in which the report is filed; If an in-kind donation, a description of the in-kind donation; and The donor’s occupation information as specified under §C of this regulation. Occupation. When providing occupation information, the contributor should try to be as specific as circumstances permit; for example, where an individual does not work outside the home, descriptions such as “Retired,” “Homemaker,” “Unemployed,” or “Student” should be used rather than “not applicable”. Applicability. The disclosure requirement on whether the campaign material supports or opposes a candidate or ballot issue shall be determined by the candidate, ballot issue, or issue that is prominently featured on the campaign material. Filing Method. A disclosure report shall be filed electronically by means of the browser-based software provided by the State Administrator. Additional Filing Requirements. The report shall include an attestation by the designated individual of the participating organization, under penalties of perjury and in a format approved by the State Administrator, that the contents of the electronic filing are a complete and accurate statement of the expenditures made and donations received by the participating organization. The State Board will not accept a report as filed unless it includes an electronic signature of the designated individual. Criminal. A participating organization that knowingly and willfully fails to file the registration notice or a report is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000, or imprisonment not exceeding 1 year, or both. Civil. A participating organization that fails to file the registration notice or a report without knowing that such conduct is illegal shall pay a civil penalty not greater than $5,000 in accordance with Election Law Article, §13-604, Annotated Code of Maryland. Election Law Article, §§2-102(b)(4) and 13-309.2, Annotated Code of Maryland Effective date: March 2, 2015 (42:4 Md. R. 434) Regulation .01B amended effective May 6, 2019 (46:9 Md. R. 445) Regulation .02 amended effective May 6, 2019 (46:9 Md. R. 445) This chapter applies to coordinated, aggregate in-kind contributions to a candidate from a central committee of a political party. Required Reporting — Central Committee. The central committee of a political party making the coordinated expenditure shall report on a campaign finance report the name of the candidate that received the in-kind contribution. Required Reporting — Candidate Committee. The authorized candidate campaign committee shall report on a campaign finance report: The name of the central committee of the political party that made the in-kind contribution; A description of the in-kind contribution; and The aggregate amount of in-kind contributions made in the election cycle from the central committee of the political party. Candidate Committees. Coordinated in-kind contribution limits for a central committee of a political party shall be applied to the authorized candidate campaign committee of the candidate. Slates. Coordinated in-kind contributions limits for a central committee of a political party may not be applied to slate committees. To make in-kind contributions to a candidate, a central committee of a political party: Shall use contributions or transfers received pursuant to Election Law Article, §§13-226 and 13-227, Annotated Code of Maryland; and May not use funds not received in accordance with the contribution limits of Election Law Article, §§13-226 and 13-227, Annotated Code of Maryland. Election Law Article, §2-102(b)(4) and 13-304, Annotated Code of Maryland Effective date: February 29, 2016 (43:4 Md. R. 337) This chapter applies to expenditures and disbursements made by political committees and persons. Expenditure. The purchase of opinion poll results by a political committee or person is an expenditure by the political committee or person. In-Kind Contribution. The acceptance of any part of an opinion poll's results by a candidate, the authorized campaign committee of the candidate, or an agent of the candidate, prior to such time as those results have been made public and without the payment of fair market value, shall be treated as an in-kind contribution by the political committee or person furnishing the opinion poll results to the candidate or the authorized candidate campaign committee. Acceptance. The poll results are considered accepted by a candidate if the candidate, agents of the candidate, or the political committees affiliated with candidate: Requested the poll results before the opinion poll was concluded; Used the poll results before they became public; or Failed to notify the person purporting to provide the opinion poll results that the candidate refused to accept the opinion poll results. Public Release. The acceptance of any part of a poll's results which part, prior to receipt, has been made public without any request, authorization, prearrangement, or coordination by the candidate or the agents of the candidate shall not be treated as an in-kind contribution by the political committee or person releasing the opinion poll results. Fair Market Value. Fair market value of an opinion poll is determined as of the date when the candidate or its agents receives the poll results. The value of the poll decreases as the benefits derived from the poll results are less timely. The fair market value of an opinion poll is as follows: If the results are received within 30 days following receipt by the initial recipient or recipients of the opinion poll, 100 percent of the amount paid for the opinion poll; If the results are received between 31 and 60 days following receipt by the initial recipient or recipients of the opinion poll, 50 percent of the amount paid for the opinion poll, If the results are received between 61 and 180 days following receipt by the initial recipient or recipients of the opinion poll, 5 percent of the amount paid for the opinion poll; and If the results are received more than 180 days following receipt by the initial recipient(s) of the opinion poll, the fair market value shall be zero. If only a portion of the opinion poll results are shared with a candidate, the fair market value of the results received by the candidate shall be further reduced: To an amount reflecting the proportion of the number of question results received by the candidate or political committee as compared to the total number of questions in the opinion poll; or To an amount computed by any other method which reasonably reflects the benefit derived. Expenditure. The purchase of a mailing list, email list, or a contributor list is a permissible expenditure by a political committee. In-Kind Contribution. The acceptance of a mailing list, email list, or a contributor list by a political committee from another person without providing compensation at fair market value is considered an in-kind contribution. Fair Market Value. The fair market value of the mailing list, email list, or contributor list shall be determined by industry practice for selling mailing list data at the time of receipt. Field Expense. The purchase of voter file access is a permissible expenditure by a political committee. The purchase of the voter file access is considered a field expense. Procurement. The purchase of voter file access from a central committee by a political committee is not considered a transfer or contribution to the central committee. Election Law Article, §§1-101, 2-102(b)(4), 13-218(b), 13-304(b), 13-221(a)(3), 13-245, and Title 13, Subtitle 3, Annotated Code of Maryland Effective date: May 6, 2019 (46:9 Md. R. 445) In General. In this chapter, the following terms have the meanings indicated. Terms Defined. “Affiliated political action committee” has the meaning stated in Election Law Article, §§13-242 and 13-243, Annotated Code of Maryland. “Employee membership entity” has the meaning stated in Election Law Article, §13-242, Annotated Code of Maryland. “Membership entity” has the meaning stated in Election Law Article, §13-243, Annotated Code of Maryland. Requirements. The costs in §B of this regulation will not be considered a contribution by an employee membership entity or a membership entity to an affiliated political action committee that: It has established; and Only solicits contributions from the members participating in a payroll deduction program of the employee membership entity, or a program for periodic collection of dues of the membership entity. Disbursements. The following costs of operating an employee membership entity or membership entity are not considered a contribution to an affiliated political action committee it has established: The cost of establishing or modifying the payroll program or program for periodic collection of dues to permit the employer or membership entity to offer its employees or members, respectively, the option of making contributions by payroll deduction or other periodic method of payment; The cost of providing information or written materials regarding how to participate in the payroll deduction program or program for periodic collection of contributions to the members; The cost of compliance training for members who volunteer to contact other members to explain the political purpose and operation of the affiliated political committee established by the employee membership entity or membership entity and the member’s right to refuse to participate without reprisal; The costs associated with soliciting members to participate in the payroll deduction program or program for periodic collection of contributions, including: The use of office space in the employee membership entity or membership entity; or Personnel of the employee membership entity or membership entity; or The cost of legal services concerning the requirements of Election Law Article, Title 13, Annotated Code of Maryland. Restrictions. A solicitation permitted under §B of this regulation by an employee membership entity or membership entity shall be limited to: Current or active members, not former members or spouses of current or former members; Appeals for voluntary contributions without promise of reimbursement, reward, or other inducement from the employee membership entity or membership entity in exchange for the member's participation; and Appeals for voluntary contributions without actual or threatened penalty, coercion, discrimination, or other reprisal for the member's non-participation. Payroll deduction contributions are not considered a recurring contribution under Election Law Article, §13-244, Annotated Code of Maryland. Election Law Article, §§1-101 and 2-102(b)(4), Annotated Code of Maryland Effective date: May 6, 2019 (46:9 Md. R. 445) Regulation .03 adopted effective May 29, 2023 (50:10 Md. R. 407) This chapter does not apply to a press organization, or a website owned or controlled by a press organization. In this chapter, the following terms have the meanings indicated. Terms Defined. “Ad network” means any entity whose business is to facilitate the placement of advertisements on behalf of a third party for a fee by buying or selling directly or indirectly advertisement space on third-party online platforms, websites, software applications, or social media sites seeking to host advertisements. “Online platform” means an online platform as defined in Election Law Article, §1-101(dd-1), Annotated Code of Maryland, and has $10,000,000 or greater in gross revenue. “Political advertiser purchaser” means any of the following to the extent it seeks to make a qualifying paid digital communication on an online platform: A political committee; A candidate; A person required to register to file an independent expenditure report pursuant to Election Law Article, §13-306, Annotated Code of Maryland; A person required to register to file an election communication report pursuant to Election Law Article, §13-307, Annotated Code of Maryland; A participating organization; An out-of-State political committee required to file a campaign finance report; An agent as defined in COMAR 13.07.07.01; A foreign principal as defined in Election Law Article, §13-236.1, Annotated Code of Maryland; and An individual required to register with the Attorney General of the United States pursuant to 22 U.S.C. §§611 – 621, the Foreign Agent Registration Act of 1938. Notice. A political advertiser purchaser shall provide notice that it is disseminating a qualifying paid digital communication to the online platform on which it intends to disseminate that qualifying paid digital communication. Required Information. A political advertiser purchaser shall provide to the online platform at the time of the initial point of purchase for the dissemination of a qualifying paid digital communication by the online platform the following information: The name of the political advertiser purchaser and, if an agent, the name of the entity represented by the agent; A telephone number, mailing address, and email address of the political advertiser purchaser; and A copy of the qualifying paid digital communication. Notice to the State Board. If a political advertiser purchaser is not able to provide the notice required by §A of this regulation because the online platform is not equipped to receive such notice, then the political advertiser purchaser shall provide in writing within 48 hours to the State Board: Notice that the online platform failed to provide a mechanism for disclosing to the online platform that the political advertiser purchaser is disseminating a qualifying paid digital communication; and All of the information required in §B of this regulation. Notice. An online platform shall provide a mechanism for a political advertiser purchaser to provide notice to the online platform that it is placing a qualifying paid digital communication for dissemination. Database Requirements. If the online platform is the initial point of the purchase for the dissemination of a qualifying paid digital communication, the online platform shall make available for public inspection on a website owned or controlled by the online platform in a machine readable database within 48 hours after receiving the notice described in §A of this regulation the following information: The date of the notice to disseminate the qualifying paid digital communication; The name of the political advertiser purchaser and, if the political advertiser purchaser is an agent, the political committee or person responsible for the placement of the qualifying paid digital communication; A telephone number, contact mailing address, and email address of the political advertiser purchaser and the political committee or person responsible for the placement of the qualifying paid digital communication; and The total amount paid by the political advertiser purchaser for the distribution or dissemination of the campaign material. Online Platforms — Not Insertion Order Point. If the online platform is not the initial point of purchase for the dissemination of a qualifying paid digital communication and receives the qualifying paid digital communication from an ad network, the online platform shall make available for public inspection on a website owned or controlled by the online platform in a machine readable database within 48 hours after receiving compensation for the placement of the qualifying paid digital communication the following information: The date the qualifying paid digital communication was disseminated on its platform; and A link to the database on the website owned or controlled by the online platform that is the initial point of purchase for the dissemination of the qualifying paid digital communication containing the information set forth in §B of this regulation. Online Platform — Other Requirements. An online platform in §C of this regulation may provide only the link to the database on the website owned or controlled by the online platform that is the initial point of purchase for the dissemination of the qualifying paid digital communication on its website if: The qualified paid digital communication identifies the website of the database of the online platform that is the initial point of purchase in the authority line of the qualified paid digital communication; and The online platform clearly discloses that the source of the qualified paid digital communication came from an ad network. Database Labeling. The database on the website shall be identified as “Political Advertisement Disclosures” on the website and be downloadable. Safe Harbor. An online platform may rely on the information provided by the political advertiser purchaser and may not be held liable for failure to include a qualifying paid digital communication on its database if the political advertiser purchaser did not provide notice that the political advertiser purchaser intended to disseminate a qualifying paid digital communication. Civil Penalties — Political Advertiser Purchaser. A political advertiser purchaser that fails to notify the State Board in a timely manner according to the requirements of this chapter is subject to a civil penalty not exceeding $5,000. Civil Penalties — Online Platform. An online platform that violates this chapter is subject to a civil penalty not exceeding $5,000. Election Article, §§1-101, 2-102(b)(4), and 13-405, Annotated Code of Maryland Effective date: December 25, 2023 (50:25 Md. R. 1090) This chapter applies to legal expenses associated with maintaining or contesting. The political committee shall maintain account books and records for legal expenses associated with maintaining or contesting the results of an election in accordance with the requirements of Election Law Article, §13-221, Annotated Code of Maryland. The political committee paying for reasonable legal expenses associated with maintaining or contesting the results of an election must report all contributions received and expenditures made on a campaign finance report. Contributions. All monies received from a person to the political committee to pay for the legal expenses associated with maintenance or contest of the election result are contributions. All services provided by a person to the political committee to offset the costs of legal expenses associated with maintenance or contest of the election result are contributions. Contribution Limit. A contribution to the political committee to pay for or offset the legal expenses associated with maintenance or contest of the election result is subject to the contribution limits pursuant to Election Law Article, §13-226, Annotated Code of Maryland. Election Law Article §§1-101 and 2-102(b)(4), Annotated Code of Maryland Effective date: May 6, 2019 (46:9 Md. R. 445) Regulation .01 amended effective effective May 29, 2023 (50:10 Md. R. 407) Regulation .02 repealed effective effective May 29, 2023 (50:10 Md. R. 407) Regulation .03 amended effective effective May 29, 2023 (50:10 Md. R. 407) Regulation .05 amended effective effective May 29, 2023 (50:10 Md. R. 407) Regulation .06 repealed effective effective May 29, 2023 (50:10 Md. R. 407) Regulation .07 repealed effective effective May 29, 2023 (50:10 Md. R. 407) In this chapter, the following terms have the meanings indicated. Terms Defined. “Draft committee” means an entity that is organized to encourage a potential candidate to run for office but is not authorized by the potential candidate. Exploratory Committee. “Exploratory committee” means an entity established by a prospective candidate for a public office to determine the potential candidate’s viability for that public office. “Exploratory committee” does not mean a political committee. An individual who is not a candidate may establish an exploratory committee for a public office. A person may establish a draft committee for a public office for an individual only if: The draft committee is established not in coordination or cooperation with the individual it is intends to encourage to seek public office; and The individual the draft committee intends to encourage for public office is not a candidate. An individual who is a candidate may not establish an exploratory or draft committee for a public office. An exploratory committee for an individual seeking a public office may receive funds and make disbursements to determine the individual’s viability for the public office sought. Exploratory committees may make a disbursement on the following activities: Conducting surveys or polls regarding viability of the potential candidate for the public office sought; Sending direct mailings and other communications to potential voters; Employing staff; or Establishing a website. An exploratory committee may not pay any expense in advance for goods or services to be used by the political committee of a potential candidate once the potential candidate registers an authorized candidate campaign committee. An exploratory or draft committee may receive an unlimited amount of funds from a person. Any material published, distributed, or disseminated to a potential voter by the exploratory committee shall: Be considered as campaign material; and Include an authority line with the name and address of the entity. Any material published, distributed, or disseminated to a potential voter by a draft committee shall: Be considered as campaign material; and Include an authority line with: The name and address of the entity; and The statement required under Election Law Article, §13-401(b), Annotated Code of Maryland. An exploratory committee shall establish a designated exploratory committee account to receive funds and make disbursements. The designated exploratory committee account shall: Be in a financial institution; and Be registered in a manner that identifies it as the account of the exploratory committee. An exploratory committee may transfer up to $6,000 to a political committee. Any assets of the exploratory committee given to the authorized candidate campaign committee of the candidate for whom the exploratory committee was established to determine viability is an in-kind contribution and may not exceed $6,000. An exploratory committee may: Return the funds to its donors; Make a disbursement to a charitable organization; or Make a donation to the Fair Campaign Financing Fund. : Election Law Article, §§1-101 and 2-102(b)(4), Annotated Code of Maryland Effective date: May 29, 2019 (50:10 Md. R. 407)