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§ 13-604.2. Civil penalty for campaign finance violations

West's Annotated Code of MarylandElection LawEffective: October 1, 2015

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: October 1, 2015
MD Code, Election Law, § 13-604.2
§ 13-604.2. Civil penalty for campaign finance violations
Currentness
Violations subject to civil penalty
(a) A candidate for election to the central committee of a political party shall pay a civil penalty of $1,000 in accordance with subsections (b) through (f) of this section if the candidate:
(1) is not exempt from § 13-202 of this title and fails to conduct campaign finance activity through a campaign finance entity; or
(2) violates § 13-221(c) or § 13-305.1 of this title.
Civil citations issued by State Prosecutor, State’s Attorney, or both
(b)(1) If the State Prosecutor or the State's Attorney with jurisdiction determines that a candidate is required to pay a civil penalty under subsection (a) of this section, the State Prosecutor, the State's Attorney, or both shall issue to the candidate a civil citation that contains:
(i) the name and address of the candidate cited;
(ii) the nature, time, and place of the violation;
(iii) the manner in which the violation occurred;
(iv) the penalty for the violation;
(v) the manner and time in which to pay the penalty;
(vi) where to pay the penalty; and
(vii) a statement that the candidate receiving the citation has a right to a trial in the District Court.
(2) The prosecuting authority who issues a citation under paragraph (1) of this subsection shall file the citation in the District Court.
Service of citations
(c) The citation shall be served in accordance with the Maryland Rules.
Trial
(d)(1) On receipt of the return of service, the District Court shall schedule the case for trial and notify the candidate named in the citation of the trial date.
(2) The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§ 6-108, 6-109, and 6-111 through 6-115 of the Local Government Article.
(3) An adjudication of a violation under this subsection:
(i) is not a criminal conviction; and
(ii) does not carry with it any of the civil disabilities that arise from a criminal conviction.
Liability for proceeding costs
(e) A candidate who is adjudicated in violation as set forth in a citation issued under subsection (b) of this section is liable for the cost of the District Court proceedings.
Failure of candidate to appear for trial
(f) If a candidate who has been served with a citation fails to appear for trial, the District Court, at the request of the prosecutor, may dismiss the citation or enter a civil judgment against the candidate:
(1) in favor of the State Board;
(2) in accordance with the Maryland Rules; and
(3) in an amount of $1,000.
Distribution of penalties
(g) Penalties collected under this section shall be distributed to the Fair Campaign Financing Fund established under § 15-103 of this article.

Credits

Added by Acts 2015, c. 380, § 1, eff. Oct. 1, 2015.
MD Code, Election Law, § 13-604.2, MD ELEC LAW § 13-604.2
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.
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