# COMAR Title 33 — State Board of Elections

## Subtitle 13 — Campaign Financing

### Chapter 12 — Legislative Party Caucus Committee

**Authority:** Election Law Article, §§2-102(b)(4) and 13-208.1, Annotated Code of Maryland

**Administrative History:** Effective date: December 23, 2013 (40:25 Md. R. 2073)

**Administrative History:** Regulation .03C amended effective February 29, 2016 (43:4 Md. R. 336)

**Administrative History:** Regulation .04 adopted effective February 29, 2016 (43:4 Md. R. 336)

#### Regulation .01 Scope.

*COMAR 33.13.12.01*

This chapter applies to the establishment of and restrictions on legislative party caucus committees.

#### Regulation .02 Establishment.

*COMAR 33.13.12.02*

A. In General.

  (a) For a Senate party committee, elect candidates to the Senate of Maryland; or

  (b) For a House party committee, elect candidates to the Maryland House of Delegates.

B. By-Laws.

  (1) The legislative party caucus committee shall develop and submit by-laws to the State Board for approval.

  (2) The by-laws shall:

    (a) State the purpose of the legislative party caucus committee;

    (b) Create rules for conducting its business;

    (c) Establish permanent staff positions and define the general overall responsibilities for each such staff position; and

    (d) Establish a method of amending the by-laws.

  (3) 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.

  (4) 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.

C. Appointing Authority.

  (1) Except as provided in §C(2) of this regulation, the appointing authority for the chairman and treasurer of a legislative party caucus committee is:

    (a) For a principal political party:

      (i) In the Senate of Maryland, the President of the Senate or the Senate Minority Leader; and

      (ii) In the Maryland House of Delegates, the Speaker of the House or the House Minority Leader; or

    (b) For a recognized, non-principal political party:

      (i) If the party has elected members in the Maryland General Assembly, the highest ranking member of each respective chamber, as determined by seniority; or

      (ii) If the party has no elected members in the Maryland General Assembly, the chairman of the State party central committee.

  (2) The by-laws of a legislative party caucus committee may establish an alternative appointing authority.

D. Required Filings. Prior to engaging in campaign finance activity, a legislative party caucus committee shall file with the State Board:

  (1) A statement of organization designating the chairman and treasurer selected by the appointing authority of the legislative party caucus committee; and

  (2) By-laws that have been approved by the State Board.

#### Regulation .03 Restrictions.

*COMAR 33.13.12.03*

A. 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.

B. 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.

C. 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:

  (1) Is a member of the recognized political party for the legislative party caucus committee; and

  (2) 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

  (3) Is an incumbent officeholder and the deadline for filing a certificate of candidacy for the office held by the incumbent has not passed.

D. 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.

#### Regulation .04 Account Book and Affidavit.

*COMAR 33.13.12.04*

A. 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.

B. 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.