# COMAR Title 33 — State Board of Elections

## Subtitle 18 — Violations

### Chapter 02 — Prohibited Acts

**Authority:** Election Law Article, §§2-102(b)(4), 13-602, and 16-201(a), Annotated Code of Maryland

**Administrative History:** Effective date: February 29, 2016 (43:4 Md. R. 338)

**Administrative History:** Regulation .01 amended effective July 11, 2022 (49:14 Md. R. 705)

**Administrative History:** Regulation .02E adopted effective July 11, 2022 (49:14 Md. R. 705)

#### Regulation .01 Definitions.

*COMAR 33.18.02.01*

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.

*COMAR 33.18.02.02*

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.

*COMAR 33.18.02.03*

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.