EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0441*
HOUSE BILL 441
G1 3lr2606
CF SB 111
By: Delegates D. Jones, Bagnall, and Ruth
Introduced and read first time: January 30, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Election Law – Campaign Finance – Draft Committees and Exploratory 2
Committees 3
FOR the purpose of applying certain campaign finance requirements for a political 4
committee to draft committees and exploratory commit tees; establishing 5
requirements and prohibitions for draft committees and exploratory committees 6
relating to the establishment of the committees, receipt of funds, and permissible 7
disbursements; and generally relating to draft committees and exploratory 8
committees. 9
BY repealing and reenacting, without amendments, 10
Article – Election Law 11
Section 1–101(a), (l), and (gg) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – Election Law 16
Section 13–107 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Election Law 22
1–101. 23
(a) In this article the following words have the meanings indicated unless a 24
different meaning is clearly intended from the context. 25 2 HOUSE BILL 441
(l) (1) “Candidate” means an individual who files a certificate of candidacy for 1
a public or party office. 2
(2) “Candidate” includes: 3
(i) an incumbent judge of the Court of Appeals or Court of Special 4
Appeals at an election for continuance in office; and 5
(ii) an individual, prior to that individual filing a certificate of 6
candidacy, if a campaign finance entity has been established on behalf of that individual. 7
(gg) “Political committee” means a combination of two or more individuals that has 8
as its major purpose promoting the success or defeat of a candidate, political party, 9
question, or prospective question submitted to a vote at any election. 10
13–107. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “DRAFT COMMITTEE ” MEANS AN ENTITY THAT IS ORGANIZED TO 14
ENCOURAGE A POTENTIA L CANDIDATE TO RUN F OR OFFICE BUT IS NOT AUTHORIZED 15
BY THE POTENTIAL CAN DIDATE. 16
(3) (I) “EXPLORATORY CO MMITTEE” MEANS AN ENTITY 17
ESTABLISHED BY A POT ENTIAL CANDIDATE FOR A PUBLIC OFFICE TO D ETERMINE 18
THE POTENTIAL CANDID ATE’S VIABILITY FOR THAT PUBLIC OFFICE. 19
(II) “EXPLORATORY COMMITTEE ” DOES NOT INCLUDE A 20
POLITICAL COMMITTEE . 21
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTI ON, ALL PROVISIONS 22
OF THIS TITLE THAT A PPLY TO A POLITICAL COMMITTEE ALSO APPLY TO A DRAFT 23
COMMITTEE OR AN EXPL ORATORY COMMITTEE . 24
(C) A PERSON MAY ESTABLISH A DRAFT COMMITTEE FO R A PUBLIC OFFICE 25
FOR AN INDIVIDUAL ON LY IF: 26
(1) THE DRAFT COMMITTEE IS NO T ESTABLISHED IN COO RDINATION 27
OR COOPERATION WITH THE INDIVIDUAL IT IN TENDS TO ENCOURAGE T O SEEK 28
PUBLIC OFFICE; AND 29
HOUSE BILL 441 3
(2) THE INDIVIDUAL THE D RAFT COMMITTEE INTEN DS TO 1
ENCOURAGE TO SEEK PU BLIC OFFICE IS NOT A CANDIDATE. 2
(D) AN INDIVIDUAL WHO IS A CANDID ATE MAY NOT ESTABLIS H A DRAFT 3
COMMITTEE OR AN EXPL ORATORY COMMITTEE FO R A PUBLIC OFFICE . 4
(E) SUBJECT TO SUBSECTION (F) OF THIS SECTION , A DRAFT COMMITTEE 5
OR AN EXPLORATORY CO MMITTEE FOR AN INDIV IDUAL MAY RECEIVE FU NDS AND 6
MAKE DISBURS EMENTS TO DETERMINE THE INDIVIDUAL ’S VIABILITY FOR A PU BLIC 7
OFFICE. 8
(F) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY MAKE A 9
DISBURSEMENT ONLY FO R THE FOLLOWING ACTI VITIES: 10
(1) CONDUCTING SURVEYS O R POLLS REGARDING VI ABILITY OF THE 11
POTENTIAL CANDIDATE FOR A PUBL IC OFFICE; 12
(2) DIRECT MAILINGS AND OTHER COMMUNICATIONS TO POTENTIAL 13
VOTERS; 14
(3) EMPLOYING STAFF ; AND 15
(4) ESTABLISHING A WEBSI TE. 16
(G) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY NOT PAY 17
ANY EXPENSE IN ADVAN CE FOR GOODS OR SERVICES TO BE US ED BY THE POLITICAL 18
COMMITTEE OF THE POT ENTIAL CANDIDATE ONC E THE POTENTIAL CAND IDATE 19
REGISTERS AN AUTHORI ZED CANDIDATE CAMPAI GN COMMITTEE . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2023. 22