LAWRENCE J. HOGAN, JR., Governor Ch. 624
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Chapter 624
(House Bill 291)
AN ACT concerning
Election Law – Contested Elections
FOR the purpose of altering certain definitions to allow a campaign finance entity to pay
expenses associated with contesting an election; prohibiting a recount under certain
circumstances; prohibiting a recount under certain circumstances; altering the
circumstances under which a petitioner for a recount is not liable for the costs of the
recount; providing that a person who accepts certain public campaign financing may
accept a donation or make a disbursement related to a contested election only if the
person establishes a contested election committee and makes certain disclosures;
providing that a certain system of public campaign financing established by the
governing body of a county may include public financing of a contested election
committee; and generally relating to contested elections.
BY repealing and reenacting, without amendments,
Article – Election Law
Section 1–101(a), 12–101(a), and 12–103(a)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Election Law
Section 1–101(o) and (aa), 12–101(a), 12–103(a), 12–101(a), 12–103(a), 12–107,
13–233, and 13–505
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY adding to
Article – Election Law
Section 12–301 through 12–313 to be under the new subtitle “Subtitle 3. Contested
Election Committee”
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Election Law
1–101.
Ch. 624 2022 LAWS OF MARYLAND
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(a) In this article the following words have the meanings indicated unless a
different meaning is clearly intended from the context.
(o) (1) “Contribution” means the gift or transfer, or promise of gift or transfer,
of money or other thing of value to a campaign finance entity to:
(I) promote or assist in the promotion of the success or defeat of a
candidate, political party, question, or prospective question; AND
(II) ASSIST IN THE PAYMEN T OF EXPENSES ASSOCI ATED WITH
CONTESTING AN ELECTI ON UNDER TITLE 12 OF THIS ARTICLE .
(2) “Contribution” includes:
(i) proceeds from the sale of tickets to a campaign fund–raising
event; and
(ii) a coordinated expenditure as defined in § 13–249 of this article.
(3) “Contribution” does not include the costs associated with the
establishment, administration, or solicitation of voluntary contributions to a political action
committee established by a corporation, limited liability company, general partnership,
limited partnership, membership organization, trade association, cooperative, or
corporation without capital stock as long as the political action committee only solicits
contributions from employees of the organization that established the political action
committee, or members of the organization that established the political action committee,
and the employees or members are participating in a payroll deduction program established
by the employer of the employee or member.
(aa) “Expenditure” means a gift, transfer, disbursement, or promise of money or a
thing of value by or on behalf of a campaign finance entity to:
(1) promote or assist in the promotion of the success or defeat of a
candidate, political party, question, or prospective question at an election; [or]
(2) PAY EXPENSES ASSOCIA TED WITH CONTESTING AN ELECTION
UNDER TITLE 12 OF THIS ARTICLE; OR
[(2)] (3) pay for the publication expense of a legislative newsletter under
Title 13, Subtitle 4 of this article.
12–101.
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A candidate for public or party office who has been defeated based on the LAWRENCE J. HOGAN, JR., Governor Ch. 624
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certified results of any election conducted under this article may petition for a recount of
the votes cast for the office sought.
(2) A CANDIDATE MAY NOT PE TITION FOR A RECOUNT IF THE MARGIN
OF DIFFERENCE BETWEE N THE NUMBER OF VOTE S RECEIVED BY AN APP ARENT
WINNER AND THE LOSIN G CANDIDATE WITH THE HIGHEST NUMBER OF VO TES FOR
THE OFFICE IS GREATER THAN 5% OF THE TOTAL VOTES C AST FOR THOSE
CANDIDATES .
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A candidate for public or party office who has been defeated based on the
certified results of any election conducted under this article may petition for a recount of the
votes cast for the office sought.
(2) A CANDIDATE MAY NOT PE TITION FOR A RECOUNT IF THE MARGIN
OF DIFFERENCE BETWEE N THE NUMBER OF VOTE S RECEIVED BY AN APP ARENT
WINNER AND THE LOSIN G CANDIDATE WITH THE HIGHEST NUMBER OF VO TES FOR
THE OFFICE IS GREATE R THAN 5% OF THE TOTAL VOTES C AST FOR THOSE
CANDIDATES.
12–103.
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A petition for a recount based on the certified results of a question on the
ballot in an election conducted under this article may be filed by a registered voter eligible
to vote for that question.
(2) A REGISTERED VOTER MAY NOT FILE A PETITION FOR A RECOUNT
IF THE MARGIN OF DIF FERENCE BETWEEN THE NUMBER OF VOTES CAST FOR AND
THE NUMBER OF VOTES CAST AGAINST THE QUE STION IS GREATER THA N 5%.
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A petition for a recount based on the certified results of a question on the
ballot in an election conducted under this article may be filed by a registered voter eligible
to vote for that question.
(2) A REGISTERED VOTER MAY NOT FILE A PETITION FOR A RECOUNT
IF THE MARGIN OF DIF FERENCE BETWEEN THE NUMBER OF VOTES CAST FOR AND
THE NUMBER OF VOTES CAST AGAINST THE QUE STION IS GREATER THA N 5%.
12–107.
(a) In this section, “petitioner” includes a counterpetitioner.
Ch. 624 2022 LAWS OF MARYLAND
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(b) (1) Except as provided in paragraph (2) of this subsection, each petitioner
shall pay the cost of a recount requested under this subtitle and the petitioner’s bond is
liable for the cost.
(2) The petitioner is not liable for the costs of the recount if:
(i) the outcome of the election is changed;
(ii) the petitioner has gained a number of votes, for the petitioner’s
candidacy or for or against the question that is the subject of the petition, equal to 2% or
more of the total votes cast for the office or on the question, in all precincts being recounted;
or
(iii) 1. the margin of difference in the number of votes received by
an apparent winner and the losing candidate with the highest number of votes for an office
is [0.1%] 0.25% or less of the total votes cast for those candidates; or
2. in the case of a question, the margin of difference between
the number of votes cast for and the number cast against the question is [0.1%] 0.25% or
less.
(c) If the petitioner is not liable for the costs of the recount as provided in
subsection (b) of this section, a county shall pay the costs of the recount in that county.
SUBTITLE 3. CONTESTED ELECTION COMMITTEE.
12–301.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “CONTESTED ELECTION ” MEANS AN ELECTION SU BJECT TO:
(I) A RECOUNT UNDER SUBTITLE 1 OF THIS TITLE; OR
(II) A JUDICIAL CHALLENGE UNDER SUBTITLE 2 OF THIS TITLE.
(2) “CONTESTED ELECTION ” INCLUDES AN ELECTION THAT MAY BE
SUBJECT TO A RECOUNT UNDER SUBTITLE 1 OF THIS TITLE, BUT FOR WHICH A
RECOUNT DOES NOT OCC UR BECAUSE NEITHER C ANDIDATE FILES A FOR MAL
RECOUNT PETITION OR INITIATES A JUDICIAL ACTION.
(C) “CONTESTED ELECTION CO MMITTEE” MEANS AN ENTITY FORM ED FOR
THE EXCLUSIVE PURPOSE OF RECEIV ING DONATIONS AND MA KING DISBURSEMENTS
RELATING TO A CONTES TED ELECTION . LAWRENCE J. HOGAN, JR., Governor Ch. 624
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12–302.
(A) THIS SUBTITLE APPLIES ONLY TO A PERSON THA T ACCEPTS PUBLIC
CAMPAIGN FINANCING U NDER:
(1) TITLE 15 OF THIS ARTICLE; OR
(2) § 13–505 OF THIS ARTICLE.
(B) A PERSON MAY ACCEPT A DONATION OR MAKE A D ISBURSEMENT
RELATING TO A CONTES TED ELECTION ONLY IF THE PERSON:
(1) ESTABLISHES A CONTES TED ELECTION COMMITT EE; AND
(2) DISCLOSES THE DONATI ONS AND DISBURSEMENT S IN
ACCORDANCE WITH THIS SUBTITLE.
12–303.
A PERSON MAY ESTABLISH A CONTESTED ELECTION COMMITTEE AT ANY TIM E
BY FILING A STATEMEN T OF ORGANIZATION WI TH THE STATE BOARD THAT
INCLUDES:
(1) THE APPOINTMENT OF A TREASURER ; AND
(2) ANY OTHER INFORMATIO N THAT THE STATE BOARD REQUIRES .
12–304.
(A) A CONTESTED ELECTION C OMMITTEE SHALL :
(1) DEPOSIT ALL DONATION S RECEIVED IN A DESI GNATED BANK
ACCOUNT; AND
(2) MAKE ALL DISBURSEMEN TS FROM THE DESIGNAT ED BANK
ACCOUNT.
(B) DISBURSEMENTS OF A CO NTESTED ELECTION COM MITTEE SHALL :
(1) PASS THROUGH THE HAN DS OF THE TREASURER ; AND
(2) BE IN ACCORDANCE WIT H THE PURPOSE OF THE ENTITY.
Ch. 624 2022 LAWS OF MARYLAND
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12–305.
(A) (1) A PERSON THAT ACCEPTS PUBLIC CAMPAIGN FINA NCING UNDER
TITLE 15 OF THIS ARTICLE MAY NOT SOLICIT OR ACCEP T A DONATION ON BEHA LF
OF A CONTESTED ELECT ION COMMITTEE IN EXC ESS OF THE CONTRIBUT ION LIMITS
ESTABLISHED UNDER TITLE 15 OF THIS ARTICLE.
(2) A PERSON THAT ACCEPTS PUBLIC CAMPAIGN FINA NCING UNDER
§ 13–505 OF THIS ARTICLE MAY NOT SOLICIT OR ACCEP T A DONATION ON BEHA LF
OF A CONTESTED ELECT ION COMMITTEE IN EXC ESS OF THE CONTRIBUT ION LIMITS
ESTABLISHED IN LAW B Y THE GOVERNING BODY OF THE COUNTY IN ACC ORDANCE
WITH § 13–505 OF THIS ARTICLE.
(B) (1) A CONTESTE D ELECTION COMMITTEE MAY NOT ACCEPT A LOA N
OTHER THAN A LOAN FR OM:
(I) A FINANCIAL INSTITUT ION OR OTHER ENTITY IN THE
BUSINESS OF MAKING L OANS; OR
(II) THE PERSONAL FUNDS O F A CANDIDATE OR THE
CANDIDATE’S SPOUSE IF THE CONT ESTED ELECTION COMMI TTEE WAS ESTABLISHED
TO FINANCE A RECOUNT OF AN ELECTION IN WH ICH THE CANDIDATE WA S ON THE
BALLOT.
(2) A LOAN UNDER THIS SUBS ECTION MAY BE OF ANY AMOUNT.
12–306.
(A) THE TREASURER OF A CO NTESTED ELECTION COM MITTEE SHALL
MAINTAIN DETAILED AN D ACCURATE RE CORDS OF ALL:
(1) DONATIONS RECEIVED B Y THE CONTESTED ELEC TION
COMMITTEE ;
(2) DISBURSEMENTS MADE B Y THE CONTESTED ELEC TION
COMMITTEE ; AND
(3) OUTSTANDING OBLIGATI ONS OF THE CONTESTED ELECTION
COMMITTEE .
(B) A CONTESTED ELECTION C OMMITTEE SHALL RETAI N THE RECORDS
REQUIRED TO BE MAINT AINED UNDER SUBSECTI ON (A) OF THIS SECTION FOR A
PERIOD OF 2 YEARS AFTER FILING A FINAL REPORT . LAWRENCE J. HOGAN, JR., Governor Ch. 624
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12–307.
(A) THE TREASURER OF A CO NTESTED ELECTION COM MITTEE SHALL FILE
REPORTS W ITH THE STATE BOARD AS REQUIRED IN THIS SUBTITLE:
(1) USING AN ELECTRONIC FORMAT;
(2) WITH THE ELECTRONIC SIGNATURE OF THE TRE ASURER FILING
THE REPORT ;
(3) UNDER OATH ; AND
(4) SUBJECT TO THE PENAL TIES FOR PERJURY .
(B) THE STATE BOARD SHALL MAKE THE REPORTS SUB MITTED UNDER THIS
SUBTITLE PUBLICLY AV AILABLE ON THE INTERNET.
12–308.
(A) A REPORT FILED BY THE TREASURER OF A CONTE STED ELECTION
COMMITTEE UNDER THIS SUBTITLE SHALL INCLU DE THE INFORMATION R EQUIRED
BY THE STATE BOARD WITH RESPECT T O ALL DONATIONS , DISBURSEMENTS , AND
OUTSTANDING OBLIGATI ONS OF THE CONTESTED ELECTION COMMITTEE D URING
THE REPORTING PERIOD .
(B) (1) IF THE PERSON WHO EST ABLISHED THE CONTEST ED ELECTION
COMMITTEE HAS FILED A PETITION FOR A REC OUNT UNDER SUBTITLE 1 OF THIS
TITLE OR HAS FILED A COMPLAINT IN THE CIR CUIT COURT UNDER SUBTITLE 2 OF
THIS TITLE, THE TREASURER OF THE CONTESTED ELECTION C OMMITTEE SHALL
FILE THE CONTESTED E LECTION COMMITTEE ’S FIRST REPORT ON OR BEFORE THE
FIRST DAY AFTER THE EARLIER OF:
(I) THE DAY THE PERSON WHO E STABLISHED THE CONTE STED
ELECTION COMMITTEE F ILED THE PETITION FO R A RECOUNT; OR
(II) THE DAY THE PERSON W HO ESTABLISHED THE C ONTESTED
ELECTION COMMITTEE F ILED THE COMPLAINT I N THE CIRCUIT COURT .
(2) IF THE PERSON WHO EST ABLISHED THE CONTEST ED ELECTION
COMMITTEE HAS NOT FI LED A PETITION FOR A RECOUNT UNDER SUBTITLE 1 OF
THIS TITLE OR FILED A COMPLAINT IN THE C IRCUIT COURT UNDER SUBTITLE 2 OF
THIS TITLE, THE TREASURER OF THE CONTESTED ELECTION C OMMITTEE SHALL
FILE THE CONTESTED E LECTION COMMITTEE ’S FIRST REPORT ON OR BEFORE THE Ch. 624 2022 LAWS OF MARYLAND
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DAY THAT IS 7 DAYS AFTER THE DAY T HAT THE CONTESTED EL ECTION COMMITTEE
OF THE OPPOSING CAND IDATE OR OPPOSING PA RTY FILED ITS FIRST REPORT
UNDER PARAGRAPH (1) OF THIS SUBSECTION .
(C) THE TREASURER OF A CO NTESTED ELECTION COM MITTEE SHALL FILE
SUBSEQUENT REPORTS O N OR BEFORE:
(1) THE MONDAY THAT IS 30 DAYS AFTER THE DUE D ATE OF THE
FIRST REPORT FILED B Y THE CONTESTED ELEC TION COMMITTEE UNDER
SUBSECTION (B) OF THIS SECTION;
(2) THE MONDAY THAT IS 60 DAYS AFTER THE DUE D ATE OF THE
FIRST REPORT FILED B Y THE CONTESTED ELEC TION COMMITTEE UNDER
SUBSECTION (B) OF THIS SECTION; AND
(3) THE THIRD WEDNESDAY IN JANUARY OF EACH YEAR THAT THE
CONTESTED ELECTION C OMMITTEE REMAINS IN EXISTENCE.
(D) THE STATE BOARD SHALL , BY REGULATION , ESTABLISH THE
REPORTING PERIODS FO R EACH OF THE REPORT S REQUIRED UNDER THI S
SUBTITLE.
(E) IF THE TREASURER OF A CONTESTED ELECTION C OMMITTEE FAILS TO
PROVIDE ALL THE INFO RMATION REQUIRED ON A REPORT UNDER THIS SUBTITLE :
(1) THE STATE BOARD SHALL NOTIFY TH E TREASURER IN WRITI NG
OF THE PARTICULAR DE FICIENCIES; AND
(2) THE TREASURER SHALL FILE AN AMENDED REPO RT THAT
INCLUDES ALL THE INF ORMATION REQUIRED WI THIN 30 DAYS AFTER SERVICE O F
THE NOTICE.
12–309.
(A) (1) THE STATE BOARD SHALL ASSESS LA TE FILING FEES FOR
FAILURE TO PROPERLY FILE A REPORT UNDER THIS SUBTITLE.
(2) THE STATE BOARD SHALL ASSESS TH E FEES IN THE FOLLOW ING
AMOUNTS FOR EACH DAY OR PART OF A DAY THA T A REPORT UNDER THI S SUBTITLE
IS OVERDUE:
(I) $20 FOR EACH OF THE FIRS T 7 DAYS;
LAWRENCE J. HOGAN, JR., Governor Ch. 624
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(II) $35 FOR EACH OF THE FOLL OWING 7 DAYS; AND
(III) $50 FOR EACH DAY THEREAF TER.
(3) THE MAXIMUM FEE PAYAB LE FOR A REPORT IS $1,000.
(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A
LATE FILING FEE UNDE R THIS SECTION SHALL BE PAID BY THE CONTE STED
ELECTION COMMITTEE .
(II) IF THE CONTESTED ELEC TION COMMITTEE HAS
INSUFFICIENT FUNDS W ITH WHICH TO PAY THE FULL AMOUNT OF THE L ATE FILING
FEE IN A TIMELY MANN ER, AFTER THE AC COUNT OF THE CONTEST ED ELECTION
COMMITTEE IS EXHAUST ED THE BALANCE OF TH E LATE FILING FEE IS THE
LIABILITY OF THE TRE ASURER.
(2) LATE FILING FEES SHAL L BE DISTRIBUTED TO THE FAIR
CAMPAIGN FINANCING FUND ESTABLISHED UNDE R § 15–103 OF THIS ARTICLE.
(3) (I) THE STATE BOARD SHALL ACCEPT AN OVERDUE REPORT
THAT IS SUBMITTED WI THOUT PAYMENT OF THE LATE FILING FEE, BUT THE REPORT
IS NOT CONSIDERED FI LED UNTIL THE FEE HA S BEEN PAID.
(II) AFTER AN OVERDUE REPO RT IS RECEIVED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, NO FURTHER LATE FILI NG FEE SHALL BE
INCURRED.
(4) THE TREASURER OF A CO NTESTED ELECTION COM MITTEE THAT
FAILS TO PROPERLY FI LE A REPORT MAY SEEK RELIEF FROM A LATE F ILING FEE
IMPOSED UNDER THIS S ECTION FOR JUST CAUS E AS PROVIDED IN § 13–337 OF THIS
ARTICLE.
12–310.
(A) (1) IF THE STATE BOARD DETERMINES THAT THERE HAS BEEN FOR
MORE THAN 30 DAYS A FAILURE TO FI LE A REPORT OR PAY A LATE FILING FEE
UNDER THIS SUBTITLE , THE STATE BOARD SHALL ISSUE THE NOTICE REQUIRED
UNDER PARAGRAPH (2) OF THIS SUB SECTION TO THE TREAS URER OF THE
CONTESTED ELECTION C OMMITTEE IN VIOLATIO N.
(2) THE NOTICE SHALL DEMA ND THAT, WITHIN 30 DAYS AFTER
SERVICE OF THE NOTIC E, EITHER:
Ch. 624 2022 LAWS OF MARYLAND
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(I) THE FAILURE TO FILE BE RECTIFIED AND ANY LATE FILING
FEE DUE BE PAID ; OR
(II) THE TREASURER SHOW C AUSE WHY THE STATE BOARD
SHOULD NOT ASK THE A PPROPRIATE PROSECUTI NG AUTHORITY TO PROS ECUTE
THE TREASURER FOR A VIOLATION OF THIS SU BTITLE.
(3) IN ITS DISCRETION , THE APPROPRIATE PROS ECUTING
AUTHORITY MAY REFER THE MATTER FOR ACTIO N TO THE CENTRAL COLLECTION
UNIT WITHIN THE DEPARTMENT OF BUDGET AND MANAGEMENT .
(B) A TREASURER WHO FAILS , WITHOUT CAUSE , TO FILE THE REPORT A ND
PAY THE LATE FILING FEE WITHIN 30 DAYS AFTER SERVICE O F THE NOTICE
REQUIRED UNDER SUBSE CTION (A)(2) OF THIS SE CTION IS GUILTY OF A
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO THE PENALTIES PRE SCRIBED IN
§ 13–603 OF THIS ARTICLE.
12–311.
(A) A CANDIDATE WHOSE CONT ESTED ELECTION COMMI TTEE HAS FAILED
TO FILE A REPORT OR PAY A LATE FILING FE E THAT IS DUE UNDER THIS SUBTITLE
ON OR BEFORE THE DEA DLINE FOR DECLINING THE NOMINATION SPECI FIED UNDER
§ 5–801(B) OF THIS ARTICLE MAY NOT BE ISSUED A CERT IFICATE OF NOMINATIO N
UNDER § 5–705 OF THIS ARTICLE.
(B) A CANDIDATE WHOSE CONT ESTED ELECTION COMMI TTEE HAS FAILED
TO FILE A REPORT OR PAY A LA TE FILING FEE THAT I S DUE UNDER THIS SUB TITLE
MAY NOT, UNTIL THE REPORT IS FILED OR THE LATE FI LING FEE IS PAID:
(1) BE DEEMED TO BE ELEC TED TO A PUBLIC OR P ARTY OFFICE IN
THE STATE;
(2) TAKE THE OATH OR OTH ERWISE ASSUME THE DU TIES OF THE
OFFICE; OR
(3) RECEIVE A SALARY OR COMPENSATION FOR THE OFFICE.
(C) AN OFFICIAL OF THE STATE OR ANY OF ITS P OLITICAL SUBDIVISION S
MAY NOT ISSUE A COMM ISSION OR ADMINISTER AN OATH OF OFFICE TO AN
INDIVIDUAL UNTIL THA T OFFICIAL RECEIVES CERTIFICATION FROM THE STATE
BOARD THAT ALL REPORT S DUE UNDER THIS SUB TITLE FROM OR ON BEH ALF OF
THAT INDIVIDUAL HAVE BEEN FILED.
LAWRENCE J. HOGAN, JR., Governor Ch. 624
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12–312.
(A) THE STATE BOARD MAY IMPOSE A CI VIL PENALTY ON A CON TESTED
ELECTION COMMITTEE I N ACCORDANCE WITH TH IS SECTION FOR THE FOLLOWING
VIOLATIONS:
(1) MAKING A DISBURSEMEN T FOR A PURPOSE NOT RELATED TO A
CONTESTED ELECTION ;
(2) FAILURE TO DISPOSE O F SURPLUS FUNDS IN A CCORDANCE WITH
§ 12–313 OF THIS SUBTITLE ;
(3) FAILURE TO MAINTAIN THE RECORDS REQUIRED UNDER § 12–306
OF THIS SUBTITLE ; OR
(4) FAILURE TO REPORT AL L DONATIONS , DISBURSEMENTS , AND
OUTSTANDING OBLIGATI ONS AS REQUIRED UNDE R § 12–308 OF THIS SUBTITLE .
(B) A CIVIL PENALTY IMPOSE D UNDER THIS SECTION SHALL BE ASSESSED
IN THE AMOUNT AND IN THE MANNER SPECIFIED IN § 13–604.1 OF THIS ARTICLE.
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CIVIL
PENALTY IMPOSED UNDE R THIS SECTION SHALL BE PAID BY THE CONTESTED
ELECTION COMMITTEE .
(2) IF THE CONTESTED ELEC TION COMMITTEE HAS I NSUFFICIENT
FUNDS WITH WHICH TO PAY THE FULL AMOUNT OF THE CIVIL PENALTY IN A TIMELY
MANNER, AFTER THE ACCOUNT OF THE CONTESTED ELECTI ON COMMITTEE IS
EXHAUSTED, THE BALANCE OF TH E CIVIL PENALTY IS T HE LIABILITY OF THE
TREASURER .
12–313.
(A) (1) ANY PART OF A PUBLIC CONTRIBUTION MADE TO A CONTESTED
ELECTION COMMITTEE T HAT IS NOT SPENT SHA LL BE REPAID TO THE APPROPRIATE
GOVERNMENT ENTITY .
(2) IN COMPUTING WHETHER PART OF A PUB LIC CONTRIBUTION IS
NOT SPENT, ALL PRIVATE CONTRIBU TIONS TO THE PERSON SHALL BE TREATED AS
SPENT BEFORE THE EXP ENDITURE OF ANY PUBL IC CONTRIBUTION .
(B) AFTER REPAYING REMAIN ING PUBLIC CONTRIBUT IONS UNDER
SUBSECTION (A) OF THIS SECTION AND BEFORE FILING A FINAL REPORT , A
CONTESTED ELECTION C OMMITTEE SHALL PAY A LL OUTSTANDING OBLIG ATIONS Ch. 624 2022 LAWS OF MARYLAND
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AND DISPOSE OF ALL I TS REMAINING ASSETS BY RETURNING THE REM AINING
BALANCE IN THE ACCOU NT OF THE CONTESTED ELECTION COMMITTEE T O THE
DONORS ON A PRO RATA BASIS.
13–233.
This Part V of this subtitle does not affect the right of an individual to[:
(1)] volunteer the individual’s time or, for transportation incident to an
election, personal vehicle[; or
(2) pay reasonable legal expenses associated with maintaining or
contesting the results of an election].
13–505.
(a) IN THIS SECTION , “CONTESTED ELECTION C OMMITTEE” MEANS A
CONTESTED ELECTION C OMMITTEE ESTABLISHED UNDER TITLE 12, SUBTITLE 3 OF
THIS ARTICLE.
(B) (1) Subject to the provisions of this section, the governing body of a county
may establish, by law, a system of public campaign financing for elective offices in the
executive or legislative branches of county government.
(2) A SYSTEM OF PUBLIC FIN ANCING ESTABLISHED U NDER
PARAGRAPH (1) OF THIS SUBSECTI ON MAY INCLUDE PUBLI C FINANCING OF A
CONTESTED ELECTION C OMMITTEE.
[(2)] (3) When establishing a system of public campaign financing for
elective offices in the executive or legislative branches of county government, the governing
body of a county shall:
(i) specify the criteria that [is] ARE to be used to determine whether
an individual is eligible for public campaign financing; and
(ii) provide the funding and staff necessary for the operation,
administration, and auditing of the system of public campaign financing.
[(b)] (C) A system of public campaign financing enacted under subsection [(a)]
(B) of this section:
(1) shall provide for participation of candidates in public campaign
financing on a strictly voluntary basis;
LAWRENCE J. HOGAN, JR., Governor Ch. 624
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(2) may not regulate candidates who choose not to participate in public
campaign financing;
(3) shall prohibit the use of public campaign financing for any campaign
except a campaign for county elective office;
(4) shall require a candidate who accepts public campaign financing to:
(i) establish a campaign finance entity solely for the campaign for
county elective office; and
(ii) use funds from that campaign finance entity only for the
campaign for county elective office;
(5) shall prohibit a candidate who accepts public campaign financing from
transferring funds:
(i) to the campaign finance entity established to finance the
campaign for county elective office from any other campaign finance entity established for
the candidate; and
(ii) from the campaign finance entity established to finance the
campaign for county elective office to any other campaign finance entity;
(6) shall provide for a public election fund for county elective offices that is
administered by the chief financial officer of the county; and
(7) shall be subject to regulation and oversight by the State Board to ensure
conformity with State law and policy to the extent practicable.
[(c)] (D) A system of public campaign financing enacted under subsection [(a)]
(B) of this section may:
(1) provide for more stringent regulation of campaign finance activity by
candidates who choose to accept public campaign financing, including contributions,
expenditures, reporting, and campaign material, than is provided for by State law; [and]
(2) provide for administrative penalties for violations, in accordance with §
10–202 of the Local Government Article; AND
(3) ALLOW A PUBLICLY FIN ANCED CANDIDATE TO T RANSFER ANY
AMOUNT OF FUNDS FROM THE CANDIDATE ’S CAMPAIGN FINANCE E NTITY TO THE
CANDIDATE’S CONTESTED ELECTION COMMITTEE .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2022. Ch. 624 2022 LAWS OF MARYLAND
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Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.