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.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 13-602, and 16-201(a), Annotated Code of Maryland
History: Effective date: February 29, 2016 (43:4 Md. R. 338)
History: Regulation .01 amended effective July 11, 2022 (49:14 Md. R. 705)
History: Regulation .02E adopted effective July 11, 2022 (49:14 Md. R. 705)