Chapter 02. Statement of Contributions Requirements
Regulation .01 Scope.LinkCopy Citation
This chapter applies to all statements of contributions required by Election Law Article, §14-104, Annotated Code of Maryland, to be filed with the State Board.
Regulation .02 Registration.LinkCopy Citation
A.
In General. A person doing public business shall file the registration statement required under §B of this regulation with the State Board within 15 business days after the award of a contract by a governmental entity.
B.
Statement Requirements. Except as provided in §D of this regulation, the registration statement shall include the following information:
(1)
The identity of the person doing public business;
(2)
The business address of the person doing public business;
(3)
The name, mailing address, and email address of:
(a)
The chief executive officer of the business entity or any person exercising direction or control over the activities of the person doing public business; and
(b)
An individual designated as the treasurer or responsible officer authorized to act on behalf of the person doing public business and to file statements of contributions pursuant to Election Law Article, §14-104, Annotated Code of Maryland;
(4)
The level of government that awarded the contract, whether municipal, county, or state;
(5)
The name of the governmental entity that awarded the contract;
(6)
The name and relationship of any business entity or person attributed to or affiliated with the person filing the registration notice that was awarded a contract by a governmental entity; and
(7)
The base amount of the consideration to be received by the person doing public business from the governmental entity for the contract.
C.
Electronic Filing. The registration notice shall be filed electronically by means of the browser-based software provided by the State Administrator.
D.
Omission of Contract. The registration statement may omit:
(1)
Contract information if the State Board has approved the person’s request to waive the requirement to disclose the contract; or
(2)
The base amount of the consideration to be received for the performance of the contract if the person doing public business files, for the entire period of performance of the contract, an affidavit of limited applicable contributions under COMAR 33.20.04.
E.
Initial Report. A person doing public business shall file the initial statement of contributions within 15 business days of filing the registration statement.
Regulation .03 Required Contents for a Statement of Contributions.LinkCopy Citation
The statement of contributions filed by the person doing public business shall include:
A.
The name of the candidate to whom the applicable contribution was made or who benefited from the applicable contribution;
B.
The name of the political committee affiliated with the candidate or the independent expenditure entity that received the applicable contribution;
C.
If known, the elective office sought by the candidate, or if not known, the elective office held by the candidate;
D.
The aggregate applicable contributions attributed to the filer during the reporting period;
E.
The aggregate applicable contributions to date attributed to the filer during the election cycle in which the applicable contribution was made;
F.
If the applicable contribution was made by a person other than the filer but attributed to the filer, the filer must provide:
(1)
The name and address of:
(a)
The individual who made the applicable contribution; or
(b)
The organization, business entity, union, or other legal entity that made the applicable contribution;
(2)
The amount of the applicable contribution;
(3)
The date the applicable contribution was made; and
(4)
The relationship between the contributor and the filer:
(a)
If a business entity, whether the contributor is a subsidiary; or
(b)
If an individual, the name of the contributor’s employer, position, and title;
G.
The transaction method of the applicable contribution and any other information on the transaction method required by the State Administrator;
H.
The aggregate amount or value, to date, of applicable contributions made to or for the benefit of each candidate from the contributor for the election cycle in which the statement of contributions is filed;
I.
Unless already provided on the registration statement or exempt under COMAR 33.20.07:
(1)
The nature and amount of the contract awarded;
(2)
The name of the governmental entity that awarded the contract; and
(3)
The name of the business entity or person awarded the contract, if different from the filer; and
J.
If an in-kind applicable contribution, the fair market value of the applicable contribution.
Regulation .04 Filing Requirements.LinkCopy Citation
A.
Filing Method. A statement of contribution shall be filed electronically by means of the browser-based software provided by the State Administrator.
B.
Additional Filing Requirements.
(1)
Statements of contributions shall include, in a format approved by the State Administrator, an attestation by the filer, under penalties of perjury, that the contents of the electronic filing are a complete and accurate statement of contributions made and contracts awarded by governmental entities.
(2)
If applicable, statements of contributions shall identify the chief executive officer of the business entity.
(3)
Statements of contributions filed electronically shall include all other information or materials required by the State Administrator.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 14-104, and 14-109, Annotated Code of Maryland
History: Effective date: August 4, 2014 (41:15 Md. R. 894)
History: Regulation .02 amended effective September 12, 2016 (43:18 Md. R. 1018)
History: Regulation .03 amended effective September 12, 2016 (43:18 Md. R. 1018)