# COMAR Title 33 — State Board of Elections ## Subtitle 13 — Campaign Financing ### Chapter 21 — Online Platforms **Authority:** Election Article, §§1-101, 2-102(b)(4), and 13-405, Annotated Code of Maryland **Administrative History:** Effective date: December 25, 2023 (50:25 Md. R. 1090) #### Regulation .01 Scope. *COMAR 33.13.21.01* This chapter does not apply to a press organization, or a website owned or controlled by a press organization. #### Regulation .02 Definitions. *COMAR 33.13.21.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Ad network” means any entity whose business is to facilitate the placement of advertisements on behalf of a third party for a fee by buying or selling directly or indirectly advertisement space on third-party online platforms, websites, software applications, or social media sites seeking to host advertisements. (2) “Online platform” means an online platform as defined in Election Law Article, §1-101(dd-1), Annotated Code of Maryland, and has $10,000,000 or greater in gross revenue. (3) “Political advertiser purchaser” means any of the following to the extent it seeks to make a qualifying paid digital communication on an online platform: (a) A political committee; (b) A candidate; (c) A person required to register to file an independent expenditure report pursuant to Election Law Article, §13-306, Annotated Code of Maryland; (d) A person required to register to file an election communication report pursuant to Election Law Article, §13-307, Annotated Code of Maryland; (e) A participating organization; (f) An out-of-State political committee required to file a campaign finance report; (g) An agent as defined in COMAR 13.07.07.01; (h) A foreign principal as defined in Election Law Article, §13-236.1, Annotated Code of Maryland; and (i) An individual required to register with the Attorney General of the United States pursuant to 22 U.S.C. §§611 – 621, the Foreign Agent Registration Act of 1938. #### Regulation .03 Political Advertiser Purchaser Responsibilities. *COMAR 33.13.21.03* A. Notice. A political advertiser purchaser shall provide notice that it is disseminating a qualifying paid digital communication to the online platform on which it intends to disseminate that qualifying paid digital communication. B. Required Information. A political advertiser purchaser shall provide to the online platform at the time of the initial point of purchase for the dissemination of a qualifying paid digital communication by the online platform the following information: (1) The name of the political advertiser purchaser and, if an agent, the name of the entity represented by the agent; (2) A telephone number, mailing address, and email address of the political advertiser purchaser; and (3) A copy of the qualifying paid digital communication. C. Notice to the State Board. If a political advertiser purchaser is not able to provide the notice required by §A of this regulation because the online platform is not equipped to receive such notice, then the political advertiser purchaser shall provide in writing within 48 hours to the State Board: (1) Notice that the online platform failed to provide a mechanism for disclosing to the online platform that the political advertiser purchaser is disseminating a qualifying paid digital communication; and (2) All of the information required in §B of this regulation. #### Regulation .04 Online Platform Responsibilities. *COMAR 33.13.21.04* A. Notice. An online platform shall provide a mechanism for a political advertiser purchaser to provide notice to the online platform that it is placing a qualifying paid digital communication for dissemination. B. Database Requirements. If the online platform is the initial point of the purchase for the dissemination of a qualifying paid digital communication, the online platform shall make available for public inspection on a website owned or controlled by the online platform in a machine readable database within 48 hours after receiving the notice described in §A of this regulation the following information: (1) The date of the notice to disseminate the qualifying paid digital communication; (2) The name of the political advertiser purchaser and, if the political advertiser purchaser is an agent, the political committee or person responsible for the placement of the qualifying paid digital communication; (3) A telephone number, contact mailing address, and email address of the political advertiser purchaser and the political committee or person responsible for the placement of the qualifying paid digital communication; and (4) The total amount paid by the political advertiser purchaser for the distribution or dissemination of the campaign material. C. Online Platforms — Not Insertion Order Point. If the online platform is not the initial point of purchase for the dissemination of a qualifying paid digital communication and receives the qualifying paid digital communication from an ad network, the online platform shall make available for public inspection on a website owned or controlled by the online platform in a machine readable database within 48 hours after receiving compensation for the placement of the qualifying paid digital communication the following information: (1) The date the qualifying paid digital communication was disseminated on its platform; and (2) A link to the database on the website owned or controlled by the online platform that is the initial point of purchase for the dissemination of the qualifying paid digital communication containing the information set forth in §B of this regulation. D. Online Platform — Other Requirements. An online platform in §C of this regulation may provide only the link to the database on the website owned or controlled by the online platform that is the initial point of purchase for the dissemination of the qualifying paid digital communication on its website if: (1) The qualified paid digital communication identifies the website of the database of the online platform that is the initial point of purchase in the authority line of the qualified paid digital communication; and (2) The online platform clearly discloses that the source of the qualified paid digital communication came from an ad network. E. Database Labeling. The database on the website shall be identified as “Political Advertisement Disclosures” on the website and be downloadable. F. Safe Harbor. An online platform may rely on the information provided by the political advertiser purchaser and may not be held liable for failure to include a qualifying paid digital communication on its database if the political advertiser purchaser did not provide notice that the political advertiser purchaser intended to disseminate a qualifying paid digital communication. #### Regulation .05 Penalties. *COMAR 33.13.21.05* A. Civil Penalties — Political Advertiser Purchaser. A political advertiser purchaser that fails to notify the State Board in a timely manner according to the requirements of this chapter is subject to a civil penalty not exceeding $5,000. B. Civil Penalties — Online Platform. An online platform that violates this chapter is subject to a civil penalty not exceeding $5,000.