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§ 13-244. Recurring contributions and donations

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

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 13. Campaign Finance (Refs & Annos)
Subtitle 2. Campaign Finance Organization and Activity (Refs & Annos)
Part VII. Contributions--Miscellaneous Provisions
Effective: January 1, 2023
MD Code, Election Law, § 13-244
§ 13-244. Recurring contributions and donations
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Electioneering communication” has the meaning stated in § 13-307 of this title.
(3) “Person” includes a vendor for:
(i) a political committee; or
(ii) a person making independent expenditures or electioneering communications.
Affirmative consent required
(b)(1) A person soliciting a recurring contribution for a political committee or a recurring donation for an independent expenditure or electioneering communication may accept the recurring contribution or donation only if the contributor or donor gives affirmative consent for the recurring contribution or donation.
(2) The passive action of a contributor or donor, including failing to uncheck a pre-checked box authorizing a recurring contribution or donation, does not meet the requirement of affirmative consent under paragraph (1) of this subsection.
Contents of receipt; cancellation by contributor or donor
(c) If a contributor or donor affirmatively consents to making a recurring contribution or donation, the person soliciting the recurring contribution or donation shall:
(1) in addition to the receipt required under § 13-222 of this subtitle, provide a receipt to the contributor or donor for each contribution or donation that clearly and conspicuously discloses:
(i) the frequency of the recurring contributions or donations;
(ii) the duration of the recurring contributions or donations; and
(iii) all information needed to cancel a recurring contribution or donation; and
(2) immediately cancel the recurring contributions or donations at the request of the contributor or donor.
Return of contribution obtained in violation of this section
(d)(1)(i) A political committee that obtains a contribution in violation of this section shall return the contribution to the contributor immediately after obtaining the contribution.
(ii) The amount of any contribution obtained in violation of this section is an outstanding obligation of the political committee that obtained the contribution until the contribution is repaid to the contributor.
(2)(i) A person making independent expenditures or electioneering communications who obtains a donation in violation of this section shall return the donation to the donor immediately after obtaining the donation.
(ii) The amount of any donation obtained in violation of this section is an outstanding obligation of the person making independent expenditures or electioneering communications who obtained the donation until the donation is repaid to the donor.

Credits

Added by Acts 2022, c. 109, § 1, eff. Jan. 1, 2023.
MD Code, Election Law, § 13-244, MD ELEC LAW § 13-244
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