Chapter 02. Eligibility Requirements and Procedures

Establish a gubernatorial ticket candidate committee and file a notice of intent to participate in public financing at the time of establishment;

File certificates of candidacy for the offices of Governor and Lieutenant Governor, respectively; and

Authorize the gubernatorial ticket candidate committee to file a campaign finance report with the State Board within the deadlines specified in this subtitle with a certification, signed by the gubernatorial ticket candidate committee’s treasurer, that the gubernatorial ticket candidate committee raised a minimum of $120,000 from at least 1,500 eligible private contributions.

Qualification for the General Election. A gubernatorial ticket that qualifies for a public contribution remains eligible for public contributions for all elections in which the gubernatorial ticket appears on the ballot that election year.

Unopposed Gubernatorial Tickets. An eligible gubernatorial ticket that is unopposed in a primary election is entitled to receive a public contribution in the amount provided in the Act.

Unaffiliated Gubernatorial Tickets.

Write-In Gubernatorial Tickets. A write-in gubernatorial ticket that meets the requirements of law is entitled to receive a public contribution if the gubernatorial ticket meets the requirements of the Act and this subtitle.

Notice of Intent Deadline. For a primary election, the notice of intent shall be filed with the State Board not later than the deadline for filing a certificate of candidacy.

Political Committee Required. At the time of filing a notice of intent, the candidate shall establish a gubernatorial ticket candidate committee to receive a public contribution.

A request for certification pursuant to Election Law Article, § 15-107(a)(1), Annotated Code of Maryland, and an initial public contribution by a gubernatorial ticket candidate committee for a primary election shall be filed with the State Board no later than 11:59 p.m. on the first Tuesday following the first Monday in May in the year of the primary election with an ending transaction period of the first Monday in May for the corresponding campaign finance report.

The notice of intent shall be filed with the State Board no later than the deadline for filing a declaration of intent; and

A request for certification and an initial public contribution by a gubernatorial ticket candidate committee for a general election shall be filed with the State Board no later than 11:59 p.m. on the first Tuesday following the first Monday in August in the year of the general election with an ending transaction period of the first Monday in August.

Requests. To receive public contributions, an eligible gubernatorial ticket shall file a request at the time of filing a campaign finance report with the State Board, as provided in this chapter.

Deadlines for Request.

Contents of Request. Each request shall be made under penalty of perjury and include:

Fund Allocations.

Files a Notice of Withdrawal signed by the gubernatorial ticket revoking the Notice of Intent to Participate;

Repays the Fund the full amount of the public contribution received plus interest computed from the date of the first distribution; and

Files a final campaign finance report for the gubernatorial ticket candidate committee.

Contributions by Candidate. A contribution by the candidate or the spouse of the candidate who is part of a gubernatorial ticket shall count towards the qualifying contributor and aggregate contribution thresholds pursuant to the Election Law Article §15-104(c), Annotated Code of Maryland.

Loan by Candidate. A loan by the candidate or the spouse of the candidate who is part of a gubernatorial ticket may not count towards the qualifying contributor and aggregate contribution thresholds pursuant to the Election Law Article §15-104(c), Annotated Code of Maryland.

Initial Distribution. Promptly after determining that a candidate is eligible for a public contribution, the State Board shall order the Comptroller to disburse the initial public contribution to that eligible candidate.

Qualification in January or earlier. If the State Board determines that a gubernatorial ticket candidate committee is eligible before January of the year of the election, the distribution of the initial public contribution shall occur on January 2, or the first Monday of January if January 2 falls on a weekend, of the year of the election.

Continuing Distributions. Except as provided in §B of this regulation, within 5 business days of receiving a timely request from an eligible gubernatorial ticket candidate committee for a public contribution, the State Board shall authorize an additional distribution of a public contribution to that gubernatorial ticket candidate committee.

Reports. An eligible gubernatorial ticket that received any public contribution shall file a campaign finance report with the State Board on the first Wednesday after the 90th day after that gubernatorial ticket candidate last appeared on the ballot for the election for which the gubernatorial ticket received the public contribution that includes:

Return of Excess.

Outstanding Obligations. If an outstanding obligation was incurred not later than 45 days after the election for which the gubernatorial ticket appeared on the ballot and has not been paid, the eligible gubernatorial ticket candidate committee shall:

Late Fee Penalty. If an eligible gubernatorial ticket candidate committee fails to file the campaign finance report required under §A of this regulation, the State Board shall assess a late fee in the same method and manner as prescribed by Election Law Article 13-331(b), Annotated Code of Maryland.

In-Kind Contributions.

Candidate Contributions. A contribution or loan by the candidate or the spouse of the candidate who is part of a gubernatorial ticket is not subject to matching dollars from the Fund.

Permissible Contributions. After filing a notice of intent, a gubernatorial ticket candidate committee may receive contributions of no more than $250 in an election cycle from an individual.

Prior Contributions Received. Contributions received before the gubernatorial ticket files a notice of intent count towards the aggregate contribution limit in §A of this regulation if the contribution was received in the election cycle in which the gubernatorial ticket will appear on the ballot.

Returned Contributions.

Electronic Signatures. An individual may place an electronic signature on the contributor card.

Electronic Signatures — Process. An electronic signature:

Electronic Signatures — Restrictions. An individual may not sign a contribution card with an electronic signature unless that individual affirms that the contribution:

An eligible gubernatorial ticket candidate committee may suspend campaign activities and cease from receiving future public contributions if the gubernatorial ticket candidate committee:

If an eligible gubernatorial ticket candidate committee files a Notice of Suspension, the members of the gubernatorial ticket may endorse another gubernatorial ticket, however:

If the members of the gubernatorial ticket endorse another gubernatorial ticket, they may not be held liable under Election Law Article, §15-106(a), Annotated Code of Maryland, for any independent use of the endorsement by the endorsed campaign in any fundraising activity.