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§ 15-103. Fair Campaign Financing Fund

West's Annotated Code of MarylandElection LawEffective: June 1, 2021

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 15. Public Financing Act (Refs & Annos)
Effective: June 1, 2021
MD Code, Election Law, § 15-103
Formerly cited as MD CODE Art. 33, § 15-104;  MD CODE Art. 33, § 15-109
§ 15-103. Fair Campaign Financing Fund
In general
(a) There is a Fair Campaign Financing Fund.
Administration of Fund
(b) The Comptroller shall administer the Fund in accordance with this section.
Investments and distributions from Fund
(c) In accordance with this title, the Comptroller shall:
(1) credit to the Fund:
(i) all money collected or appropriated under this title;
(ii) voluntary contributions to the Fund made electronically through the State Board's website;
(iii) fees, fines, and penalties assessed under this article or the General Provisions Article that are expressly allocated to the Fund by law;
(iv) an anonymous contribution paid to the Fund under § 13-239 of this article;
(v) an illegal contribution paid to the Fund under § 13-239.1 of this article;
(vi) surplus campaign funds paid to the Fund under § 13-247 of this article; and
(vii) contributions to the Fund made through the checkoff on the individual income tax return established under § 2-113.1 of the Tax--General Article;
(2) subject to the usual investing procedures for State funds, invest the money in the Fund; and
(3) make distributions from the Fund promptly on authorization by the State Board.
Distribution of public contributions
(d) The Comptroller shall distribute public contributions:
(1) only on authorization of the State Board; and
(2) as to each eligible gubernatorial ticket, to the campaign account of a single campaign finance entity established under Title 13, Subtitle 2 of this article to receive public contributions.
Report of Fund balance
(e) The Comptroller shall submit a statement of the Fund's balance to the State Board each month.
Determination of sufficiency of Fund balance; appropriation for insufficient balance
(f)(1) On or before June 30 of the third year immediately preceding a year of a gubernatorial election, the State Board shall determine whether the balance of the Fund is sufficient to provide for a full contribution for:
(i) in a primary election, two gubernatorial tickets; and
(ii) in a general election, one gubernatorial ticket.
(2) If the balance of the Fund is determined to be insufficient to provide the public contributions described under paragraph (1) of this subsection:
(i) on or before August 1 of the third year immediately preceding a year of a gubernatorial election, the State Board shall send a notice to the Governor of the amount of money needed to provide the public contributions described under paragraph (1) of this subsection; and
(ii) the Governor shall include in the annual budget bill for the appropriate fiscal year an appropriation in an amount equal to the amount submitted to the Governor under item (i) of this paragraph.
(3) For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of at least $4,000,000 to the Fund.
Payment of costs
(g) To pay costs directly related to the administration of this title, the State Board may expend in each fiscal year an amount of money in the Fund that does not exceed the lesser of:
(1) 3% of the Fund's balance, as calculated on the last day of the immediately preceding fiscal year; or
(2) $100,000.

Credits

Added by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2010, c. 484, § 3, eff. June 1, 2010; Acts 2015, c. 312, § 1, eff. July 1, 2015; Acts 2018, c. 460, § 1, eff. Jan. 1, 2019; Acts 2021, c. 733, § 1, eff. June 1, 2021.
Formerly Art. 33, §§ 15-104, 15-109.
MD Code, Election Law, § 15-103, MD ELEC LAW § 15-103
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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