# COMAR Title 33 — State Board of Elections

## Subtitle 13 — Campaign Financing

### Chapter 10 — Prohibitions

**Authority:** : 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

**Administrative History:** Effective date: March 19, 2012 (39:5 Md. R. 385)

**Administrative History:** Regulation .01 amended effective December 23, 2013 (40:25 Md. R. 2073)

**Administrative History:** 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)

**Administrative History:** Regulation .02 amended effective August 19, 2013 (40:16 Md. R. 1347)

**Administrative History:** Regulation .02D amended effective May 6, 2019 (46:9 Md. R. 445)

**Administrative History:** Regulation .02F—I adopted effective June 8, 2015 (42:11 Md. R. 727)

**Administrative History:** Regulation .02F amended effective March 27, 2017 (44:6 Md. R. 328)

**Administrative History:** Regulation .03 adopted effective August 19, 2013 (40:16 Md. R. 1347)

**Administrative History:** Regulation .03B amended effective June 8, 2015 (42:11 Md. R. 727); March 27, 2017 (44:6 Md. R. 328)

**Administrative History:** Regulation .03C amended effective June 8, 2015 (42:11 Md. R. 727)

**Administrative History:** Regulation .03D adopted effective August 26, 2019 (46:17 Md. R. 727)

**Administrative History:** Regulation .04 adopted effective March 27, 2017 (44:6 Md. R. 328)

**Administrative History:** Regulation .04B amended effective May 29, 2023 (50:10 Md. R. 407)

**Administrative History:** Regulation .04C adopted effective May 29, 2023 (50:10 Md. R. 407)

**Administrative History:** Regulation .05 adopted effective October 2, 2023 (50:19 Md. R. 854)

#### Regulation .01 Definitions.

*COMAR 33.13.10.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Contribution” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland.

  (2) “Covered official” means:

    (a) The Governor;

    (b) The Lieutenant Governor;

    (c) The Attorney General;

    (d) The Comptroller; and

    (e) A member of the General Assembly.

  (3) Electoral Purpose.

    (a) “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.

    (b) “Electoral purpose” includes an act of support that will result in the ultimate electoral benefit of the political committee making the expenditure.

  (4) Firewall.

    (a) “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.

    (b) “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.

  (5) “Person” has the meaning stated COMAR 33.13.01.01B.

  (6) “Political committee organized in support of a non-federal candidate” means:

    (a) An authorized candidate campaign committee;

    (b) A slate;

    (c) A legislative party caucus committee, except for the administrative account;

    (d) A political party central committee, except for the administrative account; or

    (e) A political action committee whose major purpose is to support or oppose candidates to non-federal offices.

#### Regulation .02 Prohibited Contributions.

*COMAR 33.13.10.02*

A. 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.

B. 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.

C. 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:

  (1) An applicant for a video lottery operation license; or

  (2) A holder of a video lottery operation license.

D. 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.

E. 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:

  (1) Is organized for legitimate business purposes unrelated to gaming; and

  (2) Does not have a direct interest or ownership in the property or business of an applicant or holder of a video lottery operation license.

F. 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:

  (1) Receive or take possession of a contribution;

  (2) Hold or conduct a fund-raising event;

  (3) 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:

    (a) Time, date, or location of the fund-raising event such as a “Save the Date” notice;

    (b) Suggested contribution amounts of the fund-raising event; or

    (c) Suggested fund-raising activities such as raffles, paddle wheels, or spins;

  (4) Directly or indirectly solicit a contribution by any means, including:

    (a) Posting an invitation or save-the-date notice for a fundraising event on a social media account; or

    (b) Forwarding tickets to a fund-raising event or emails soliciting a future contribution to potential contributors;

  (5) Have an active contribution or solicitation link or page on the Internet; or

  (6) 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.

G. Benefiting Persons or Entities. A covered official may not engage in actions described in §F of this regulation for the benefit of:

  (1) Any candidate for federal, State, or local office;

  (2) An authorized candidate campaign committee;

  (3) A slate that a candidate has joined; or

  (4) The legislative party caucus committee with which the covered official is affiliated.

H. 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:

  (1) Receive a loan and deposit its proceeds subject to the requirements of Election Law Article, §13-230, Annotated Code of Maryland;

  (2) 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;

  (3) Solicit contributions or donations for:

    (a) An out-of-State nonfederal candidate and any authorized entity established to elect out-of-State nonfederal candidates;

    (b) A ballot issue committee organized under Election Law Article, Title 13, Annotated Code of Maryland; or

    (c) A charitable organization; and

  (4) 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.

I. Anonymous Contributions Prohibited.

  (1) A political committee may not receive or use a contribution from an anonymous source.

  (2) A contribution is considered anonymous if the political committee does not know the identity and address of the contributor.

J. Money Order Contributions.

  (1) For the purposes of receiving a contribution, a money order contribution is considered as a cash contribution.

  (2) In an election cycle, a person may not make one or more money order contribution transactions in excess of $100 to a political committee.

K. Lump Sum Contributions.

  (1) A political committee of a candidate may not:

    (a) Report more than a cumulative amount of $25,000 in lump sum contributions during an election cycle;

    (b) 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;

    (c) Report a lump sum contribution of more than:

      (i) $1,500 in a 24-hour period from a spin or chance; or

      (ii) $2,500 in an election cycle from spins or chances; or

    (d) Sell:

      (i) A spin or chance for more than $2; or

      (ii) A raffle ticket for more than $5 per ticket.

  (2) 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:

    (a) Donate the excess to a charity of its choice; or

    (b) Identify in its account book the amount received from each individual who purchased a spin or chance.

L. 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.

M. Earmarked Contributions. A person may designate or earmark a contribution to a slate for the exclusive use or benefit of individual candidate members if:

  (1) The designation or earmark is in writing from the person making the contribution;

  (2) The aggregate contribution limit of the person to the designated or earmarked candidates does not exceed the contribution limits; and

  (3) The slate committee maintains a copy of the earmark document as a part of its account book records.

#### Regulation .03 Prohibited Expenditures.

*COMAR 33.13.10.03*

A. Electoral Purpose. A political committee may only make expenditures that are for an electoral purpose.

B. 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:

  (1) The personal use or the personal benefit of a candidate, the candidate’s family, or any other individual;

  (2) The mortgage, rent, or utilities for the personal residence of a candidate or candidate’s family;

  (3) A political endorsement;

  (4) 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;

  (5) Expenses not relating to the electoral purposes of the political committee, except if permissible under Election Law Article, §13-247, Annotated Code of Maryland;

  (6) Legal defense costs or expenses, except those relating to investigations or legal actions resulting from the conduct of the campaign or election;

  (7) Expenses relating to travel outside the country;

  (8) Tuition and any other associated costs for educational programs or schooling;

  (9) Administrative accounts of the political party central committee or legislative party caucus committee;

  (10) Dues or any other expense for:

    (a) A legislative caucus in the General Assembly; or

    (b) Legislative organizations affiliated with the General Assembly including Society of Senates Past, Speaker’s Society, and Protocol; and

  (11) A loan to a political committee.

C. 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:

  (1) The expenditure serves an electoral purpose;

  (2) The amount does not exceed $6,000; and

  (3) The recipient of the expenditure is a:

    (a) Non-federal out-of-State political committee;

    (b) Municipal political committee located in Maryland;

    (c) Political club;

    (d) Federal candidate; or

    (e) Inauguration or transition committee organization for a newly elected candidate in the State.

D. Walk-Around Services.

  (1) 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.

  (2) 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.

  (3) 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.

#### Regulation .04 Coordinated Expenditures.

*COMAR 33.13.10.04*

A. 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:

  (1) A candidate;

  (2) A campaign finance entity of a candidate, political party or ballot issue; or

  (3) An agent of a candidate, political party, or a ballot issue committee.

B. 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:

  (1) Is made at the request, direction, or suggestion of the candidate or agent of the candidate, political party, or ballot issue committee;

  (2) 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:

    (a) Messaging or content of an advertisement;

    (b) Polling data;

    (c) Research on a candidate or issue;

    (d) Allocation of campaign resources;

    (e) Targeted or intended audience; or

    (f) 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;

  (3) Republishes nonincidental portions of campaign material prepared by the candidate, ballot issue committee, or political party;

  (4) 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

  (5) 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.

C. Use of a Vendor.

  (1) 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.

  (2) 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.

#### Regulation .05 Contribution Conversion.

*COMAR 33.13.10.05*

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.