Maryland 2023 Regular Session

Maryland House Bill HB441 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0441
6	6
7	7	HOUSE BILL 441
8	8	G1 3lr2606
9	9	CF SB 111
10	10	By: Delegates D. Jones, Bagnall, and Ruth
11	11	Introduced and read first time: January 30, 2023
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Election Law – Campaign Finance – Draft Committees and Exploratory 2
19	19	Committees 3
20	20
21	21	FOR the purpose of applying certain campaign finance requirements for a political 4
22	22	committee to draft committees and exploratory commit tees; establishing 5
23	23	requirements and prohibitions for draft committees and exploratory committees 6
24	24	relating to the establishment of the committees, receipt of funds, and permissible 7
25	25	disbursements; and generally relating to draft committees and exploratory 8
26	26	committees. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Election Law 11
30	30	Section 1–101(a), (l), and (gg) 12
31	31	Annotated Code of Maryland 13
32	32	(2022 Replacement Volume and 2022 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Election Law 16
36	36	Section 13–107 17
37	37	Annotated Code of Maryland 18
38	38	(2022 Replacement Volume and 2022 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Election Law 22
44	44
45	45	1–101. 23
46	46
47	47	(a) In this article the following words have the meanings indicated unless a 24
48	48	different meaning is clearly intended from the context. 25 2 HOUSE BILL 441
49	49
50	50
51	51
52	52	(l) (1) “Candidate” means an individual who files a certificate of candidacy for 1
53	53	a public or party office. 2
54	54
55	55	(2) “Candidate” includes: 3
56	56
57	57	(i) an incumbent judge of the Court of Appeals or Court of Special 4
58	58	Appeals at an election for continuance in office; and 5
59	59
60	60	(ii) an individual, prior to that individual filing a certificate of 6
61	61	candidacy, if a campaign finance entity has been established on behalf of that individual. 7
62	62
63	63	(gg) “Political committee” means a combination of two or more individuals that has 8
64	64	as its major purpose promoting the success or defeat of a candidate, political party, 9
65	65	question, or prospective question submitted to a vote at any election. 10
66	66
67	67	13–107. 11
68	68
69	69	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
70	70	INDICATED. 13
71	71
72	72	(2) “DRAFT COMMITTEE ” MEANS AN ENTITY THAT IS ORGANIZED TO 14
73	73	ENCOURAGE A POTENTIA L CANDIDATE TO RUN F OR OFFICE BUT IS NOT AUTHORIZED 15
74	74	BY THE POTENTIAL CAN DIDATE. 16
75	75
76	76	(3) (I) “EXPLORATORY CO MMITTEE” MEANS AN ENTITY 17
77	77	ESTABLISHED BY A POT ENTIAL CANDIDATE FOR A PUBLIC OFFICE TO D ETERMINE 18
78	78	THE POTENTIAL CANDID ATE’S VIABILITY FOR THAT PUBLIC OFFICE. 19
79	79
80	80	(II) “EXPLORATORY COMMITTEE ” DOES NOT INCLUDE A 20
81	81	POLITICAL COMMITTEE . 21
82	82
83	83	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTI ON, ALL PROVISIONS 22
84	84	OF THIS TITLE THAT A PPLY TO A POLITICAL COMMITTEE ALSO APPLY TO A DRAFT 23
85	85	COMMITTEE OR AN EXPL ORATORY COMMITTEE . 24
86	86
87	87	(C) A PERSON MAY ESTABLISH A DRAFT COMMITTEE FO R A PUBLIC OFFICE 25
88	88	FOR AN INDIVIDUAL ON LY IF: 26
89	89
90	90	(1) THE DRAFT COMMITTEE IS NO T ESTABLISHED IN COO RDINATION 27
91	91	OR COOPERATION WITH THE INDIVIDUAL IT IN TENDS TO ENCOURAGE T O SEEK 28
92	92	PUBLIC OFFICE; AND 29
93	93	HOUSE BILL 441 3
94	94
95	95
96	96	(2) THE INDIVIDUAL THE D RAFT COMMITTEE INTEN DS TO 1
97	97	ENCOURAGE TO SEEK PU BLIC OFFICE IS NOT A CANDIDATE. 2
98	98
99	99	(D) AN INDIVIDUAL WHO IS A CANDID ATE MAY NOT ESTABLIS H A DRAFT 3
100	100	COMMITTEE OR AN EXPL ORATORY COMMITTEE FO R A PUBLIC OFFICE . 4
101	101
102	102	(E) SUBJECT TO SUBSECTION (F) OF THIS SECTION , A DRAFT COMMITTEE 5
103	103	OR AN EXPLORATORY CO MMITTEE FOR AN INDIV IDUAL MAY RECEIVE FU NDS AND 6
104	104	MAKE DISBURS EMENTS TO DETERMINE THE INDIVIDUAL ’S VIABILITY FOR A PU BLIC 7
105	105	OFFICE. 8
106	106
107	107	(F) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY MAKE A 9
108	108	DISBURSEMENT ONLY FO R THE FOLLOWING ACTI VITIES: 10
109	109
110	110	(1) CONDUCTING SURVEYS O R POLLS REGARDING VI ABILITY OF THE 11
111	111	POTENTIAL CANDIDATE FOR A PUBL IC OFFICE; 12
112	112
113	113	(2) DIRECT MAILINGS AND OTHER COMMUNICATIONS TO POTENTIAL 13
114	114	VOTERS; 14
115	115
116	116	(3) EMPLOYING STAFF ; AND 15
117	117
118	118	(4) ESTABLISHING A WEBSI TE. 16
119	119
120	120	(G) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY NOT PAY 17
121	121	ANY EXPENSE IN ADVAN CE FOR GOODS OR SERVICES TO BE US ED BY THE POLITICAL 18
122	122	COMMITTEE OF THE POT ENTIAL CANDIDATE ONC E THE POTENTIAL CAND IDATE 19
123	123	REGISTERS AN AUTHORI ZED CANDIDATE CAMPAI GN COMMITTEE . 20
124	124
125	125	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
126	126	October 1, 2023. 22
127	127