Chapter 09. Electioneering Communication Requirements
Regulation .01 Scope.LinkCopy Citation
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.
Regulation .02 Registration.LinkCopy Citation
A.
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.
B.
Form Requirements. The registration form shall consist of the following information:
(1)
The identity of the person making the electioneering communications;
(2)
The business or registration address of the person making the electioneering communications;
(3)
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;
(4)
The name of the candidate or ballot issue identified in the electioneering communications;
(5)
Whether the electioneering communications supported or opposed the clearly identified candidate or ballot issue prominently featured in the electioneering communication.
(6)
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
(7)
If the person is a business entity, whether the person:
(a)
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
(b)
Will not provide notice because it does not have a regular, periodic report or Internet home page.
C.
Requirements for Shareholders’, Members’, or Donors’ Notification. If the person will provide the notification in §B(7)(a) of this regulation:
(1)
The text reporting the electioneering communications disbursements must be in at least 10-point type; or
(2)
The required hyperlink on the home or landing page of the person shall be labeled “Independent Political Spending”.
D.
Electronic Filing. The registration form shall be filed electronically by means of the browser-based software provided by the State Administrator.
E.
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:
(1)
The name of the registered agent for the person making electioneering communication; and
(2)
The business address of the registered agent for the person making electioneering communication.
Regulation .03 Required Contents for an Electioneering Communication Report.LinkCopy Citation
A.
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:
(1)
The date the donation was received;
(2)
If an in-kind donation, the amount of money or fair market value of the in-kind donation;
(3)
The name of the person that made the donation;
(4)
The address of the donor provided that:
(a)
If the donor is an individual, the address provided shall be where the individual resides or receives residential mail; or
(b)
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;
(5)
Whether the donation was by cash, check, credit card, electronic transfer, or in-kind;
(6)
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
(7)
If an in-kind donation, a description of the in-kind donation.
B.
Disbursements Made. For disbursements made, the electioneering communication report filed by the person making electioneering communications shall include:
(1)
The date the disbursement was made;
(2)
The transactional method used, whether cash, check, credit card, electronic transfer or in-kind;
(3)
The name and address of the payee or the ultimate recipient of the funds;
(4)
The name of the candidate or ballot issue to which the electioneering communications relates or featured;
(5)
Whether the electioneering communications supported or opposed the clearly identified candidate or ballot issue prominently featured in the electioneering communication.
(6)
If the disbursement was to reimburse a person, the name and address of the person who received the reimbursement;
(7)
The amount of the disbursement; and
(8)
A description of the disbursement.
C.
Outstanding Obligations. For outstanding obligations, the electioneering communication report filed by the person making electioneering communications shall include:
(1)
The name and address of the person to whom the outstanding obligation is owed;
(2)
The date the outstanding obligation was incurred;
(3)
The balance due on the outstanding obligation at the end of the reporting period;
(4)
For an outstanding obligation other than a loan, a brief description of the services or materials provided that created the outstanding obligation; and
(5)
If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230, Annotated Code of Maryland.
Regulation .04 Filing Method.LinkCopy Citation
A.
Filing Method. An electioneering communication report shall be filed electronically by means of the browser-based software provided by the State Administrator.
B.
Additional Filing Requirements.
(1)
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.
(2)
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.
Regulation .05 Authority Line.LinkCopy Citation
A.
Except as provided in §B of this subsection, any campaign material published or distributed by a person making electioneering communications shall include:
(1)
The name and business address of the person; and
(2)
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.”
B.
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.
Regulation .06 Failure to File.LinkCopy Citation
A.
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.
B.
Contents of the Notice. The notice shall state that, within 30 days:
(1)
The failure to file must be rectified; and
(2)
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.
C.
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.
Regulation .07 Waiver Request — Late Filing Fees.LinkCopy Citation
A.
Availability. A person making electioneering communication may request a waiver of the penalty for the late filing of the electioneering communication report.
B.
Requirements.
(1)
A request to waive the late fee penalty shall be made in writing and filed with the State Administrator.
(2)
The request shall include:
(a)
The name, address, and telephone number of the person making the electioneering communication;
(b)
A detailed statement of the facts explaining why the person making the electioneering communication failed to timely file a statement of contributions; and
(c)
A history of past compliance activity regarding the person making electioneering communication.
C.
Consideration and Determination.
(1)
With the approval of the State Board, the State Administrator may waive the late filing penalty for just cause.
(2)
The State Administrator may deny a waiver request without notice or hearing.
(3)
The decision of the State Administrator on the waiver request shall be in writing.
D.
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.
Regulation .08 Public Communication.LinkCopy Citation
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.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), and 13-307, and Title 13, Subtitle 4, Part I, Annotated Code of Maryland
History: Effective date: January 9, 2012 (38:27 Md. R. 1765)
History: Regulation .02 amended effective June 25, 2012 (39:12 Md. R. 746); February 29, 2016 (43:4 Md. R. 336)
History: Regulation .02E adopted effective February 12, 2018 (45:3 Md. R. 159)
History: Regulation .03A, B amended effective February 29, 2016 (43:4 Md. R. 336)
History: Regulation .06 adopted effective February 12, 2018 (45:3 Md. R. 159)
History: Regulation .07 adopted effective February 12, 2018 (45:3 Md. R. 159)
History: Regulation .08 adopted effective February 12, 2018 (45:3 Md. R. 159)