§ 13-249. Coordinated expenditures
West's Annotated Code of MarylandElection LawEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Election Law, § 13-249
§ 13-249. Coordinated expenditures
(ii) “Coordinated expenditure” includes a disbursement for any communication that republishes or disseminates, in whole or in part, a video, a photograph, audio footage, a written graphic, or any other form of campaign material prepared by the candidate or political party that is the beneficiary of the disbursement.
(i) during the election cycle, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate or political party that is the beneficiary of the disbursement, including during the time before the individual became a candidate; or
(ii) during the election cycle, the person is established, financed, directed, or managed by a member of the immediate family of the candidate who is the beneficiary of the disbursement, or the person or an agent of the person has had substantive discussions about the candidate's campaign with a member of the immediate family of the candidate who is the beneficiary of the disbursement.
(b)(1) A person may not:
(c) A person may not be considered to have made a coordinated expenditure solely on the grounds that the person or the person's agent engaged in discussions or communications with a candidate regarding a position on a legislative or policy matter, provided that there is no communication between the person and the candidate regarding the candidate's campaign advertising, message, strategy, polling, allocation of campaign resources, fund-raising, or other campaign activities.
(d) A person that makes a disbursement to promote the success or defeat of a candidate or political party at an election is presumed to have made a coordinated expenditure if:
(4)(i) during the 18-month period preceding the disbursement, the person has retained the professional services of a vendor, an advisor, or a consultant that, during the election cycle, has provided professional services to the candidate or political party that is the beneficiary of the disbursement; and
(e) A person may rebut the presumption under subsection (d) of this section by presenting sufficient contrary evidence and obtaining a declaratory ruling from the State Board before making a disbursement to promote the success or defeat of a candidate or political party at an election.
(f)(1) A person that willfully and knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(2) A candidate or political party that willfully and knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding 300% of the amount by which the coordinated expenditure of which the candidate or political party was the beneficiary exceeded the applicable contribution limit under § 13-226 of this subtitle.
(g)(1) The State Administrator or the State Administrator's designee may investigate a potential violation of this section.
(h)(1) Except as provided in paragraph (2) of this subsection, a fine or penalty imposed under this section shall be paid by the person that committed the violation or by a political committee of the candidate or political party that committed the violation.
(2) Subject to paragraph (3) of this subsection, a fine or penalty under this section is the joint and several liability of the candidate or a director, a manager, an officer, or any other individual exercising direction or control over the activities of the person, authorized candidate campaign committee, or political party if the penalty is not paid by the person or by a political committee of the candidate or political party before the expiration of the 1-year period that begins on the later of:
(i) A fine or penalty imposed under this section shall be distributed to the Fair Campaign Financing Fund established under § 15-103 of this article.
Credits
Added by Acts 2017, c. 852, § 1, eff. Oct. 1, 2017. Amended by Acts 2019, c. 711, § 1, eff. Oct. 1, 2019; Acts 2019, c. 712, § 1, eff. Oct. 1, 2019.
MD Code, Election Law, § 13-249, MD ELEC LAW § 13-249
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |