Title 33 — Subtitle 18. Violations
Chapter 01. Civil Penalties
Regulation .01 Scope.LinkCopy Citation
This chapter applies to the violations set forth in Election Law Article, §13-604.1, Annotated Code of Maryland.
Regulation .02 Civil Penalties.LinkCopy Citation
| 1st Offense |
2nd Offense |
3rd and Subsequent Offenses |
|
|---|---|---|---|
| A. Disbursement made by unauthorized individual | |||
| (1) If made by a person other than the responsible officers or candidate | $500 | $1,000 | $1,000 |
| (2) If made by a candidate | $1,000 | $1,000 | $1,000 |
| (3) If made by the chairman and not in accordance with Election Law Article, §13-218(d), Annotated Code of Maryland | $500 | $1,000 | $1,000 |
| B. Failure to maintain a campaign bank account | |||
| (1) No bank account | $100 | $500 | $1,000 |
| (2) Used personal or other account controlled by the responsible officers or candidate | $1,000 | $1,000 | $1,000 |
| C. Disbursement by unauthorized methods | |||
| (1) Credit card disbursement | $200 | $1,000 | $1,000 |
| (2) Cash disbursement greater than $25 | $200 | $1,000 | $1,000 |
| (3) Non-check disbursement for walk-around services | $200 | $500 | $1,000 |
| D. Failure to maintain account books and records | |||
| (1) Loan documents | $500 | $1,000 | $1,000 |
| (2) Bank records | $1,000 | $1,000 | $1,000 |
| (3) Expenditure records | $200 | $500 | $1,000 |
| (4) Campaign contribution records or receipts | $200 | $500 | $1,000 |
| (5) Records for lump sum entries | $200 | $500 | $1,000 |
| E. Failure to report contribution(s) on a campaign finance report | |||
| (1) Less than 10 contributions | $50 | $350 | $1,000 |
| (2) Between 10 and 20 contributions | $150 | $600 | $1,000 |
| (3) More than 20 contributions | $600 | $1,000 | $1,000 |
| (4) Knowingly and willfully failed to disclose a contribution | $1,000 | $1,000 | $1,000 |
| F. Failure to report expenditure(s) on a campaign finance report | |||
| (1) Less than 10 expenditures | $50 | $350 | $1,000 |
| (2) Between 10 and 20 expenditures | $150 | $600 | $1,000 |
| (3) More than 20 expenditures | $600 | $1,000 | $1,000 |
| (4) Knowingly and willfully failed to disclose a expenditure | $1,000 | $1,000 | $1,000 |
| G. Failure to include authority line or authority line is insufficient | |||
| (1) No Authority Line | $250 | $1,000 | $1,000 |
| (2) Present but missing one or more requirements | $50 | $300 | $750 |
| H. Failure to retain a copy of campaign material | $500 | $1,000 | $1,000 |
| I. Failure to receive affirmative consent by the contributor or donor for a recurring contribution or donation | $500 | $1,000 | $1,000 |
| J. Failure to report contribution(s) on a statement required under Election Law Article, §14-1014, or General Provisions Article, §5-716, Annotated Code of Maryland | |||
| (1) Less than 10 contributions | $50 | $350 | $1000 |
| (2) Between 10 and 20 contributions | $150 | $600 | $1000 |
| (3) More than 20 contributions | $600 | $1000 | $1000 |
| (4) Knowingly and willfully failed to disclose a contribution | $1000 | $1000 | $1000 |
| K. Failure to make a monetary contribution or donation in United States currency in violation of Election Law Article, §13-238, Annotated Code of Maryland | $750 | $1000 | $1000 |
| L. Failure to make a monetary disbursement or expenditure in United States currency in violation of Election Law Article, §13-250, Annotated Code of Maryland | $750 | $1000 | $1000 |
Regulation .03 Additional Violation.LinkCopy Citation
A.
A campaign finance entity may not receive a contribution from an anonymous source.
B.
The State Board of Elections shall deem a contribution as from an anonymous source if the campaign finance entity fails to maintain contribution records under Regulation .02D(4) or (5) of this chapter.
C.
Pursuant to Election Law Article, §13-239, Annotated Code of Maryland, the campaign finance entity may not use the contribution from an anonymous source for any purpose and shall remit the contribution to the Fair Campaign Financing Fund.
Regulation .04 Civil Citation.LinkCopy Citation
A.
The assessed civil penalty shall be included in the civil citation issued by the State Board in accordance with Election Law Article, §13-604.1(i), Annotated Code of Maryland.
B.
The civil penalty issued under Regulation .02D(4) or (5) of this chapter shall include:
(1)
The civil citation; and
(2)
Remittance of the contribution to the Fair Campaign Financing Fund.
C.
The civil citation issued in accordance with Election Law Article, §13-604.1(i), Annotated Code of Maryland may not include a civil penalty greater than $500 for each violation.
D.
The State Board shall issue a civil citation seeking a civil penalty for violations pursuant to Election Law Article, §13-235, Annotated Code of Maryland.
E.
The State Board shall permit a reduction in the assessment of a civil penalty without the issuance of a civil citation if the candidate or political committee voluntarily reports or agrees to the violation.
Regulation .05 Payment.LinkCopy Citation
A.
Except as provided in §B of this regulation, a civil penalty imposed under Regulation .02 of this chapter shall be paid by the campaign finance entity that received the civil citation.
B.
If the campaign finance entity has insufficient funds to pay the full amount of the civil penalty, the remaining balance is the joint and several liability of the responsible officers.
Chapter 02. Prohibited Acts
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Deep fake” has the meaning stated in COMAR 33.13.07.02H(1).
(2)
“Political convention” means the act of a political party or central committee of the political party to select, nominate, or elect:
(a)
A replacement candidate to the ballot pursuant to Election Law Article, Title 5, Subtitles 9 and 10, Annotated Code of Maryland;
(b)
A member to the central committee;
(c)
A person for appointment to fill a vacancy in accordance with Article III, Section 13, of the Maryland Constitution; or
(d)
A candidate for the general election.
Regulation .02 Prohibited Acts.LinkCopy Citation
A.
A person may not directly or indirectly give, offer, or promise money, aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing to another person for the purpose of inducing or procuring that person to vote or refrain from voting for or against:
(1)
An individual, question, or measure at an election or political convention; or
(2)
The election of an officer by the General Assembly.
B.
A person may not directly or indirectly receive, accept, request, or solicit money, aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing from another person for the purpose of inducing or procuring a third person to vote or refrain from voting for or against an individual, question, or measure at an election or political convention.
C.
A person may not vote or refrain from voting for or against an individual, question, or measure at an election or a political convention, in consideration of money, aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing paid, received, accepted, or promised to the advantage of that person or of another person.
D.
A person may not directly or indirectly give a contribution or contributions to a political committee in a name other than the person’s name.
E.
Deep Fake. A person may not willfully or knowingly influence or attempt to influence a voter’s decision to go to the polls or to cast a vote by publishing, distributing, or disseminating material constituting or containing a deep fake within 90 days before an election without meeting the same requirements imposed on political committees under COMAR 33.13.07.02H.
Regulation .03 Penalty.LinkCopy Citation
A person who violates this section is guilty of a misdemeanor and on conviction is:
A.
Subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and
B.
Ineligible to hold any public or party office for 4 years after the date of the offense.