<?xml version='1.0' encoding='utf-8'?>
<chapter num="01" heading="Civil Penalties" title_num="33" subtitle_num="18">
  <regulation prefix="Regulation" num=".01" heading="Scope.">
    <text>This chapter applies to the violations set forth in Election Law Article, §13-604.1, Annotated Code of Maryland.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Civil Penalties.">
    <text>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</text>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Additional Violation.">
    <paragraph num="A.">
      <text>A campaign finance entity may not receive a contribution from an anonymous source.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Civil Citation.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The civil penalty issued under Regulation .02D(4) or (5) of this chapter shall include:</text>
      <paragraph num="(1)">
        <text>The civil citation; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Remittance of the contribution to the Fair Campaign Financing Fund.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
    <paragraph num="E.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Payment.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Election Law Article, §§2-102(b)(4), 13-235, 13-238, 13-239, 13-250, and 13-604.1, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: August 4, 2014 (41:15 Md. R. 893)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 29, 2023 (50:10 Md. R. 407)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02K, L adopted effective December 25, 2023 (50:25 Md. R. 1090)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03C amended effective February 29, 2016 (43:4 Md. R. 338)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 29, 2016 (43:4 Md. R. 338)</annotation>
  </annotations>
</chapter>