# COMAR Title 33 — State Board of Elections

## Subtitle 13 — Campaign Financing

### Chapter 17 — Participating Organizations

**Authority:** Election Law Article, §§2-102(b)(4) and 13-309.2, Annotated Code of Maryland

**Administrative History:** Effective date: March 2, 2015 (42:4 Md. R. 434)

**Administrative History:** Regulation .01B amended effective May 6, 2019 (46:9 Md. R. 445)

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

#### Regulation .01 Scope and Definitions.

*COMAR 33.13.17.01*

A. Applicability. This chapter applies to participating organizations influencing Maryland elections.

B. In this chapter, the following terms have the meaning indicated.

C. Terms Defined.

  (1) “Participating organization” has the meaning stated in Election Law Article, §13-309.2, Annotated Code of Maryland.

  (2) “Political disbursement” has the meaning stated in Election Law Article, §13-309.2, Annotated Code of Maryland.

  (3) “Principal Officer” means the person exercising direction or control over the activities of the participating organization.

#### Regulation .02 Registration.

*COMAR 33.13.17.02*

A. In General. The participating organization shall file a registration notice with the State Board within 48 hours of making political disbursements of more than $6,000 cumulatively in an election cycle.

B. Notice Requirements.

  (1) The registration notice shall consist of the following information:

    (a) The identity of the participating organization;

    (b) The business address of the participating organization;

    (c) The name and mailing address of the individual designated as the treasurer or responsible officer authorized to file reports required under Election Law Article, §13-309.2, Annotated Code of Maryland;

    (d) The name and address of the principal officer of the participating organization; and

    (e) A statement on whether or not the participating organization will file a participating organization report or provide an active Internet address on its landing page that contains the information required by the State Board as to the participating organization’s disbursements made and donations received.

  (2) If the participating organization:

    (a) Publishes the required information on an active Internet address as described in §B(1)(e) of this regulation, it shall provide the Internet address on the registration notice and identify the Internet link on its landing page as “Campaign Finance Activity” and use at least 12-point font for all required information; or

    (b) Does not publish the required information on an active Internet address, the participating organization shall submit the reports required by Election Law Article, §13-309.2, Annotated Code of Maryland.

#### Regulation .03 Required Contents for a Report.

*COMAR 33.13.17.03*

A. Disbursements Made. For disbursements made, the report filed by a participating organization shall include:

  (1) The date the expenditure was made;

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

  (3) The name and address of the payee;

  (4) If the expenditure was to reimburse a campaign worker, the name and address of the campaign worker and the name and address of the ultimate recipient of the expenditure;

  (5) The amount of the expenditure;

  (6) A description of the goods or services for which the expenditure was made, including whether the expenditure was for a paid campaign advertisement;

  (7) If an independent expenditure:

    (a) The identity of the candidate or ballot issue to which the campaign material relates; and

    (b) Whether the independent expenditure supports or opposes the candidate or ballot issue;

  (8) If an electioneering communication:

    (a) The identity of the candidate or ballot issue to which the campaign material relates; and

    (b) Whether the electioneering communication advocates support or opposition to a position or issue; and

  (9) If the expenditure was to a person to engage in online advocacy on behalf of the political action committee, the name and Internet address of any social media identifier, online website, web log, blog, or microblog used by that person.

B. Donations Received. For donations received, the report filed by a participating organization shall include:

  (1) The date the donation was received by the participating organization;

  (2) The amount of the donation;

  (3) The name of:

    (a) The individual who made the donation; or

    (b) The organization, business, corporation, limited liability company, partnership, union, or other legal entity that made the donation;

  (4) The address of the donor, including:

    (a) If the donor is an individual, the address where the individual resides or receives residential mail; or

    (b) If the donor is an organization, business, corporation, limited liability company, partnership, union, or other legal entity, the address where it is registered or does business;

  (5) The aggregate amount of donations received to date from the donor for the calendar year in which the report is filed;

  (6) If an in-kind donation, a description of the in-kind donation; and

  (7) The donor’s occupation information as specified under §C of this regulation.

C. Occupation. When providing occupation information, the contributor should try to be as specific as circumstances permit; for example, where an individual does not work outside the home, descriptions such as “Retired,” “Homemaker,” “Unemployed,” or “Student” should be used rather than “not applicable”.

D. Applicability. The disclosure requirement on whether the campaign material supports or opposes a candidate or ballot issue shall be determined by the candidate, ballot issue, or issue that is prominently featured on the campaign material.

#### Regulation .04 Filing Method.

*COMAR 33.13.17.04*

A. Filing Method. A disclosure report shall be filed electronically by means of the browser-based software provided by the State Administrator.

B. Additional Filing Requirements.

  (1) The report shall include an attestation by the designated individual of the participating organization, under penalties of perjury and in a format approved by the State Administrator, that the contents of the electronic filing are a complete and accurate statement of the expenditures made and donations received by the participating organization.

  (2) The State Board will not accept a report as filed unless it includes an electronic signature of the designated individual.

#### Regulation .05 Penalties.

*COMAR 33.13.17.05*

A. Criminal. A participating organization that knowingly and willfully fails to file the registration notice or a report is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000, or imprisonment not exceeding 1 year, or both.

B. Civil. A participating organization that fails to file the registration notice or a report without knowing that such conduct is illegal shall pay a civil penalty not greater than $5,000 in accordance with Election Law Article, §13-604, Annotated Code of Maryland.