# COMAR Title 33 — State Board of Elections

## Subtitle 14 — Administration of Public Financing Act

### Chapter 03 — Limitations on Campaign Expenditures and Prohibitions

**Authority:** Election Law Article, §§2-102(b)(4), 15-106, 15-109, and 15-111(b), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 710)

**Administrative History:** Regulation .01 amended effective December 12, 2022 (49:25 Md. R. 1053)

**Administrative History:** Regulation .02 amended effective August 4, 2014 (41:15 Md. R. 893); December 12, 2022 (49:25 Md. R. 1053)

**Administrative History:** Regulation .03 repealed effective December 12, 2022 (49:25 Md. R. 1053)

**Administrative History:** Regulation .04 amended effective February 29, 2016 (43:4 Md. R. 337)

**Administrative History:** Regulation .05 amended effective February 29, 2016 (43:4 Md. R. 337)

**Administrative History:** Regulation .06 amended effective February 29, 2016 (43:4 Md. R. 337); December 12, 2022 (49:25 Md. R. 1053)

**Administrative History:** Regulation .07 adopted effective February 29, 2016 (43:4 Md. R. 337)

**Administrative History:** Regulation .07 amended effective December 12, 2022 (49:25 Md. R. 1053)

**Administrative History:** Regulation .08 adopted effective February 29, 2016 (43:4 Md. R. 337)

#### Regulation .01 In General.

*COMAR 33.14.03.01*

A. In General. A gubernatorial ticket candidate committee shall make expenditures:

  (1) In accordance with Election Law Article, §3–218, Annotated Code of Maryland;

  (2) To further the gubernatorial ticket’s nomination or election;

  (3) For expenses incurred not later than 45 days after the election that the gubernatorial ticket last appeared on the ballot; and

  (4) For purposes that do not violate State law.

B. Receipt Required. Every expenditure made by the gubernatorial ticket candidate committee shall be accompanied by a receipt.

C. Failure to Have Receipt. An expenditure made by the gubernatorial ticket candidate committee without an accompanying receipt is considered an impermissible expenditure.

#### Regulation .02 Central Committees.

*COMAR 33.14.03.02*

A. Expenditures by a State or local central committee of a political party coordinated with the gubernatorial ticket candidate committee are considered coordinated in-kind contributions.

B. Coordinated In-Kind Contribution Limits.

  (1) A State central committee may not make a coordinated in-kind contribution in excess of $150,000 per election to a gubernatorial ticket candidate committee in that election.

  (2) A local central committee may not make a coordinated in-kind contribution in excess of $15,000 per election to a gubernatorial ticket candidate committee in that election.

  (3) Any monies spent by a central committee on a coordinated in-kind contribution to a gubernatorial ticket candidate committee that has accepted a public contribution in an election must be raised from permissible sources for the gubernatorial ticket candidate committee within the reporting period for which the coordinated in-kind contribution was made.

#### Regulation .03 Political Committees. Reserved.

*COMAR 33.14.03.03*

#### Regulation .04 Slates.

*COMAR 33.14.03.04*

A gubernatorial ticket may not be a member of any slate committee except for the gubernatorial ticket campaign committee.

#### Regulation .05 Prohibited Transfers.

*COMAR 33.14.03.05*

Transfers from a gubernatorial ticket campaign committee to any other political committee are prohibited.

#### Regulation .06 In-Kind Contributions.

*COMAR 33.14.03.06*

A. In General. A gubernatorial ticket candidate committee shall include in-kind contributions received on a campaign finance report.

B. In-Kind Contribution. An in-kind contribution includes:

  (1) A contribution given to a political committee in nonmonetary form, such as services or property; or

  (2) A coordinated expenditure made on behalf of the gubernatorial ticket or gubernatorial ticket candidate committee, where either candidate on the gubernatorial ticket or where any officer of the gubernatorial ticket candidate committee knows of and consents to the expenditure.

C. Value. The value of an in-kind contribution is the fair market value of the item or service provided at the time of the contribution.

D. Exemption — Volunteer Activities.

  (1) Volunteer activity is not an in-kind contribution when an individual:

    (a) Volunteers the individual's own time to a campaign;

    (b) Uses the individual's personal vehicle to provide transportation related to the election; or

    (c) Provides legal services associated with the election.

  (2) An individual is not a volunteer when a business entity or other person compensates the individual, directly or indirectly, for working on behalf of the gubernatorial ticket candidate committee.

#### Regulation .07 Prior Expenditures.

*COMAR 33.14.03.07*

A. Prior Campaign Committee. After the filing of a notice of intent to participate, any authorized candidate campaign committee associated with the gubernatorial ticket members for whom the notice of intent was filed shall cease all campaign finance activities .

B. Prohibitions. Expenses incurred by a candidate’s authorized campaign committee prior to the filing of the notice of intent by that candidate are not allowable uses of public contributions.

C. Pre-Paid expenses. Except as provided in §D of this regulation, any goods, services, or campaign material paid for by a candidate’s authorized campaign committee prior to the filing of a notice of intent by that candidate may not be used in the election after the candidate files the notice of intent.

D. Allowable Transferable Services. A candidate’s authorized campaign committee may transfer, without any cost, the following to that candidate’s gubernatorial ticket candidate committee after the candidate signs a notice of intent:

  (1) Website and social media accounts;

  (2) Phones and associated numbers with the phones;

  (3) The assumption of a lease for a campaign office; and

  (4) Office furniture and equipment.

E. Reports. The authorized candidate campaign committee of a candidate who has filed a notice of intent and established a gubernatorial ticket campaign committees must continue to file campaign finance reports until a final campaign finance report is filed with the State Board.

F. Final Report. The authorized candidate campaign committee of a candidate who has filed a notice of intent and established a gubernatorial ticket campaign committee may not file a final campaign finance report until the gubernatorial ticket campaign committee files a final campaign finance report.

#### Regulation .08 Fundraising Activities.

*COMAR 33.14.03.08*

A. During the Election. After filing a notice of intent, a gubernatorial ticket or a person acting on behalf of the gubernatorial ticket may not, for the benefit of any other political committee, any person required to register with the State Board under Election Law Article, §§13-306 and 13-307, Annotated Code of Maryland, or participating organization:

  (1) Solicit contributions, including:

    (a) The authorized use of the names or images of the gubernatorial ticket on the solicitations by the other political committee or person; or

    (b) Appearing as a featured or honored speaker at a fundraiser event of the other political committee or person; or

  (2) Coordinate fund-raising activities, including sharing of lists of potential donors.

B. After the Election. The authorized candidate campaign committees of the individual candidates comprising the eligible gubernatorial ticket may not engage in campaign finance activities until the eligible gubernatorial ticket campaign committee files a final campaign finance report and repays to the Fund any unspent portion of the public contributions.