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§ 13-604.3. Investigate a potential violation of § 13-238 or § 13-250

West's Annotated Code of MarylandElection LawEffective: July 1, 2023

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 13. Campaign Finance (Refs & Annos)
Subtitle 6. Prohibited Acts and Penalties (Refs & Annos)
Effective: July 1, 2023
MD Code, Election Law, § 13-604.3
§ 13-604.3. Investigate a potential violation of § 13-238 or § 13-250
Currentness
Authorization
(a) The State Administrator or the State Administrator's designee may investigate a potential violation of § 13-238 or § 13-250 of this title.
Notice and opportunity to be heard
(b) The State Administrator or the State Administrator's designee shall:
(1) notify a person that is subject to an investigation under this section of the circumstances that gave rise to the investigation; and
(2) provide the person ample opportunity to be heard at a public meeting of the State Board.
Subpoenas
(c)(1) In furtherance of an investigation under this section, the State Administrator or the State Administrator's designee may issue a subpoena for the attendance of a witness to testify or the production of records.
(2) A subpoena issued under this subsection shall be served in accordance with the Maryland Rules.
(3) In order for a subpoena to be issued under this subsection, the State Administrator shall make a finding that the subpoena is necessary to and in furtherance of an investigation being conducted under this section.
(4) Any filing submitted to a court with respect to a subpoena under this subsection shall be sealed on filing.
(5) If a person fails to comply with a subpoena issued under this subsection, on petition of the State Administrator, a circuit court of competent jurisdiction may compel compliance with the subpoena.
Findings; penalties
(d) At the conclusion of the investigation and following the hearing under subsection (b)(2) of this section, the State Board shall issue a public report of its findings and may:
(1) impose a civil penalty in the amount and manner specified in § 13-604.1 of this subtitle; or
(2) refer the matter for further investigation by the State Prosecutor if the State Board has reasonable cause to believe that a person has willfully and knowingly violated § 13-238 or § 13-250 of this title.

Credits

Added by Acts 2023, c. 166, § 1, eff. July 1, 2023; Acts 2023, c. 167, § 1, eff. July 1, 2023.
MD Code, Election Law, § 13-604.3, MD ELEC LAW § 13-604.3
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document