# COMAR Title 33 — State Board of Elections

## Subtitle 20 — Disclosure by Persons Doing Public Business

### Chapter 05 — Determination of the Filer

**Authority:** Election Law Article, §§2-102(b)(4), 14-105, and 14-109, Annotated Code of Maryland

**Administrative History:** Effective date: February 29, 2016 (43:4 Md. R. 340)

#### Regulation .01 In General.

*COMAR 33.20.05.01*

A person doing public business must file a registration notice and statement of contributions with the State Board.

#### Regulation .02 Contract Determination.

*COMAR 33.20.05.02*

A. Length of Contract. A person is considered doing public business when the total consideration of the contract is $200,000 or more for the entire period of performance required under the contract.

B. Option Year Renewal. For the purposes of Election Law Article, Title 14, Annotated Code of Maryland, an option year renewal contract is considered a new contract.

C. Contract Modifications. If the contract is modified or any additional funds are appropriated increasing the amount of the contract to $200,000 or more for the remainder of the period of performance, the person is considered doing public business and shall file a registration notice at the time of the modification or additional funds were approved.

D. Acquisition, Merger, or Change in Ownership.

  (1) If a business entity acquires, merges with, or changes ownership or control over another business entity, the controlling business entity is considered the filer for purposes of Election Law Article, Title 14, Annotated Code of Maryland.

  (2) Except as provided in §D(3) of this regulation, prior contracts made by the acquired, merged, or newly owned or controlled business entity may not be retroactively attributed to the filer.

  (3) Contracts made by the acquired, merged, or newly owned or controlled business entity during a reporting period or existing contracts where the period of performance remains uncompleted will be attributed to the filer.

E. Subsidiary Ownership. If a business entity is a subsidiary of 30 percent or more of another business entity, the immediate parent of the business entity with a contract with a governmental entity is considered the person doing public business.

#### Regulation .03 Standard for Ownership or Control.

*COMAR 33.20.05.03*

A. Ownership. For purposes of Election Law Article, §14-105(e), Annotated Code of Maryland, a business entity shall be considered a subsidiary of the person doing public business if owned or controlled by at least 30 percent by the person doing public business of the same individuals or business entities if:

  (1) 30 percent or more of the beneficial ownership or equity of each entity is held by the same person or group of persons; or

  (2) 30 percent or more of the voting shares or rights, membership, or partnership interests with voting or governing authority, control rights, trust control, or other form of governance or rights authority in each entity is directly or indirectly held or controlled by the same person or group of persons.

B. Control. A person or group of persons is deemed to have direct or indirect control of one or more business entities if the person or group of persons is authorized to make decisions regarding:

  (1) Direction and amount of contributions, political spending, or any other political activity on behalf of the business entities; or

  (2) Responsibility for day-to-day operation of the business entity or entities.