# COMAR Title 33 — State Board of Elections

## Subtitle 13 — Campaign Financing

### Chapter 13 — Administrative Accounts

**Authority:** Election Law Article, §§2-102(b)(4) and 13-220.1, Annotated Code of Maryland

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

**Administrative History:** Regulation .06B amended effective October 2, 2023 (50:19 Md. R. 854)

**Administrative History:** Regulation .08 adopted effective March 27, 2017 (44:6 Md. R. 328)

#### Regulation .01 Definitions.

*COMAR 33.13.13.01*

A. In this chapter, the following term has the meaning indicated.

B. Term Defined. “Administrative funds” means funds used for non-electoral purposes.

#### Regulation .02 Applicability.

*COMAR 33.13.13.02*

Only a central committee of a recognized political party or a legislative party caucus committee may establish or maintain an administrative account.

#### Regulation .03 Establishment.

*COMAR 33.13.13.03*

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:

A. Opening at a financial institution that does business in the State a checking account:

  (1) Designated as the administrative account; and

  (2) Segregated from the campaign accounts of the political committee as required under Election Law Article, §13-220, Annotated Code of Maryland; and

B. 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.

#### Regulation .04 Management.

*COMAR 33.13.13.04*

A. Account Books. The political committee shall:

  (1) Maintain account books and records for the administrative account in accordance with the requirements of Election Law Article, §13-221, Annotated Code of Maryland;

  (2) Segregate the account books and records for the administrative account from the account books and records required for campaign accounts;

  (3) Allow the responsible officers access to the account books and records of the administrative account; and

  (4) 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.

B. Other Permissible Accounts or Investments.

  (1) 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.

  (2) Administrative funds may be invested only in:

    (a) Deposit accounts at a financial institution that are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA);

    (b) Certificates of deposit with a stated rate of interest and a term of 3 years or less;

    (c) Obligations of the U.S. Government or its agencies with maturities of 3 years or less; and

    (d) Cash management accounts, money market accounts, or money market mutual funds that are offered and available to the general public.

#### Regulation .05 Required Reporting and Contents.

*COMAR 33.13.13.05*

A. 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.

B. Donations Received. For donations deposited into an administrative account, the campaign finance report shall include:

  (1) The date that the donation was received;

  (2) The amount of money or fair market value of the donation;

  (3) The name of:

    (a) The individual who made the donation;

    (b) The business entity or other legal entity that made the donation; or

    (c) The non-federal, out-of-State political committee that made the donation;

  (4) The address of the donor provided that:

    (a) If the donor is an individual:

      (i) The address where the individual resides or receives residential mail; or

      (ii) 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

    (b) 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;

  (5) The method of the transaction and any other information on the transaction method required by the State Administrator;

  (6) The aggregate amount of donations received to date from the donor for the election cycle in which the campaign finance report is filed; and

  (7) A designation on the campaign finance report that the donation was to the administrative account.

C. Disbursement Made. For disbursements made using administrative funds, the campaign finance report shall include:

  (1) The date the disbursement was made;

  (2) The method of the disbursement transaction including any information on the transaction method required by the State Administrator;

  (3) The name and address of the payee and the ultimate recipient of the administrative funds, if other than the payee;

  (4) The amount of the disbursement;

  (5) A description of the purpose of the disbursement; and

  (6) 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.

D. Outstanding Obligations. For outstanding obligations of the administrative account, the campaign finance report shall include:

  (1) The name and address of the person to whom an outstanding obligation is owed;

  (2) The date the outstanding obligation was incurred;

  (3) The current balance of the outstanding obligation owed at the end of the campaign finance reporting period;

  (4) For an outstanding obligation other than a loan, a brief description of the item relating to the outstanding obligation;

  (5) If the outstanding obligation is a loan, all the information required by Election Law Article, §13-230(c), Annotated Code of Maryland; and

  (6) A designation on the campaign finance report that the outstanding obligation was administrative.

#### Regulation .06 Permissible Uses.

*COMAR 33.13.13.06*

A. Permissible Use. Administrative funds shall be used exclusively for non-campaign related activities.

B. Permissible Activities. The following activities are permissible non-campaign related activities and may be paid with administrative funds:

  (1) Salary for permanent staff positions, including part-time positions, as defined in the bylaws;

  (2) Office equipment and supplies for use by the committee maintaining the administrative account;

  (3) Service charges for cell phones or other electronic devices used by permanent staff;

  (4) Regular maintenance of voter files;

  (5) Voter registration activity;

  (6) 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;

  (7) Research on legislative issues;

  (8) Communications with the public on legislative issues, provided that the communications occur:

    (a) During a regular or special session of the Maryland General Assembly;

    (b) Within 30 days before or 30 days after a regular session; and

    (c) Within 14 days before or 14 days after a special session;

  (9) Rent, utilities and building maintenance charges for a permanent office;

  (10) Bank charges, accounting fees, tax preparation fees, or costs associated with the filing of campaign finance reports;

  (11) Legal fees or similar professional or service fees; and

  (12) Fundraising activities for soliciting donations to the administrative account only.

#### Regulation .07 Prohibitions.

*COMAR 33.13.13.07*

A. Commingling of Funds. A political committee may not commingle the funds of a campaign account and an administrative account.

B. Prohibited Activities. The political committee may not expend administrative funds on election-related or campaign-related activities, including:

  (1) 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;

  (2) To conduct polling specific to any State or local candidate;

  (3) To create or produce political advertising or campaign material;

  (4) To purchase supplies or equipment for use by a candidate for campaign purposes;

  (5) 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;

  (6) 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

  (7) All other activities not expressly permitted in Regulation .06B of this chapter.

C. 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.

#### Regulation .08 Legislative Communications.

*COMAR 33.13.13.08*

A. 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.

B. 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.

C. 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.