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<chapter num="14" heading="Public Financing" title_num="33" subtitle_num="13">
  <regulation prefix="Regulation" num=".01" heading="Scope.">
    <text>This chapter applies to the administration of public campaign financing for elective office of county government.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Establishment.">
    <paragraph num="A.">
      <text>In General. A county government may establish a system of public campaign financing to fund candidates for elective office of county government.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Approval Required. The county government may not implement a system of public campaign financing without the approval of the State Board.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Plan Review. Within 30 days of receipt of a plan, the State Board shall:</text>
      <paragraph num="(1)">
        <text>Review the plan for conformity with State law and policy; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="In General.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>File with the State Board a notice of intent to qualify for public funds at the time of filing the Statement of Organization; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Prohibitions. A candidate who accepts public funds may not:</text>
      <paragraph num="(1)">
        <text>Use any other authorized candidate campaign committee except for one established in §A of this regulation; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Be a member of a slate committee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Affiliation. A candidate who accepts public funds may affiliate with any other candidate, including non-publicly financed candidates, on campaign material if:</text>
      <paragraph num="(1)">
        <text>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</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The campaign material displays the authority line of the authorized candidate campaign committee established in §A of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="G.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Agency Responsibilities.">
    <text>The State Board shall:</text>
    <paragraph num="A.">
      <text>Prescribe all forms regarding campaign finance reporting;</text>
    </paragraph>
    <paragraph num="B.">
      <text>Determine whether a candidate has qualified for public financing based on the criteria established by the governing body of the county;</text>
    </paragraph>
    <paragraph num="C.">
      <text>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;</text>
    </paragraph>
    <paragraph num="D.">
      <text>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</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="County Responsibilities.">
    <text>The governing body of a county shall:</text>
    <paragraph num="A.">
      <text>Establish the qualifications, requirements, and deadlines to participate in and qualify for public campaign financing;</text>
    </paragraph>
    <paragraph num="B.">
      <text>Establish the permitted uses of public election funds;</text>
    </paragraph>
    <paragraph num="C.">
      <text>Provide for sufficient personnel to administer and implement the system for public campaign financing; and</text>
    </paragraph>
    <paragraph num="D.">
      <text>Establish administrative penalties for violations of the system of public campaign financing and identify the agency responsible for the enforcement of penalties.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Chief Financial Officer Responsibilities.">
    <text>The chief financial officer of the county shall:</text>
    <paragraph num="A.">
      <text>Administer the public election fund;</text>
    </paragraph>
    <paragraph num="B.">
      <text>Credit to the public election fund all money collected for the public election fund;</text>
    </paragraph>
    <paragraph num="C.">
      <text>Promptly disburse any public contribution from the fund to any qualified and eligible candidate;</text>
    </paragraph>
    <paragraph num="D.">
      <text>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</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Coordinated In-Kind Contributions.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Limits.</text>
      <paragraph num="(1)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".08" heading="Electronic Signatures.">
    <paragraph num="A.">
      <text>Definitions.</text>
      <paragraph num="(1)">
        <text>In this regulation, the following terms have the meanings indicated.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Terms Defined.</text>
        <paragraph num="(a)">
          <text>“Contribution card” has the meaning stated in Election Law Article, §15-102(c), Annotated Code of Maryland.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>“Electronic signature” has the meaning stated in Election Law Article, §1-101(y), Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Electronic Signatures — Process. An electronic signature:</text>
      <paragraph num="(1)">
        <text>Shall be affixed or entered directly by the signer onto an electronic copy of the contribution card; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Electronic Signatures—Restrictions. An individual may not sign a contribution card with an electronic signature unless that individual affirms that the contribution:</text>
      <paragraph num="(1)">
        <text>Is being made from personal funds of the individual;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Is not being reimbursed or is not intended to be reimbursed in any manner;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Is not being made as a loan; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".09" heading="Transfers.">
    <paragraph num="A.">
      <text>Prohibitions. Transfers from a publicly financed candidate committee to any other political committee are prohibited.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Election Law Article, §§2-102(b)(4) and 13-505(b)(7), Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: August 4, 2014 (41:15 Md. R. 893)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 12, 2018 (45:3 Md. R. 159)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective February 12, 2018 (45:3 Md. R. 159)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective February 12, 2018 (45:3 Md. R. 159)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective July 11, 2022 (49:14 Md. R. 705)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective July 11, 2022 (49:14 Md. R. 705)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective July 11, 2022 (49:14 Md. R. 705)</annotation>
  </annotations>
</chapter>