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 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0111* | |
9 | 6 | ||
10 | 7 | SENATE BILL 111 | |
11 | 8 | G1 3lr0656 | |
12 | - | (PRE–FILED) | |
9 | + | (PRE–FILED) | |
13 | 10 | By: Senator Kagan | |
14 | 11 | Requested: November 1, 2022 | |
15 | 12 | Introduced and read first time: January 11, 2023 | |
16 | 13 | Assigned to: Education, Energy, and the Environment | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: March 6, 2023 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Election Law – Campaign Finance – Draft Committees and Exploratory 2 | |
26 | 20 | Committees 3 | |
27 | 21 | ||
28 | 22 | FOR the purpose of applying certain campaign finance requirements for a political 4 | |
29 | 23 | committee to draft committees and exploratory committees; establishing 5 | |
30 | 24 | requirements and prohibitions for draft committees and exploratory committees 6 | |
31 | 25 | relating to the establishment of the committees, receipt of funds, and permissible 7 | |
32 | - | disbursements; requiring an authorized candidate campaign committee that results 8 | |
33 | - | from the draft committee or exploratory committee to make any equipment 9 | |
34 | - | purchases from the draft committee or exploratory committee at the fair market 10 | |
35 | - | value of the equipment; requiring a draft committee or an exploratory committee to 11 | |
36 | - | dispense of remaining funds in a certain manner in a certain time frame; 12 | |
37 | - | establishing that a draft committee or an exploratory committee is not subject to any 13 | |
38 | - | contribution limit; and generally relating to draft committees and exploratory 14 | |
39 | - | committees. 15 | |
26 | + | disbursements; and generally relating to draft committees and exploratory 8 | |
27 | + | committees. 9 | |
40 | 28 | ||
41 | - | BY repealing and reenacting, without amendments, | |
42 | - | Article – Election Law | |
43 | - | Section 1–101(a), (l), and (gg) | |
44 | - | Annotated Code of Maryland | |
45 | - | (2022 Replacement Volume and 2022 Supplement) | |
29 | + | BY repealing and reenacting, without amendments, 10 | |
30 | + | Article – Election Law 11 | |
31 | + | Section 1–101(a), (l), and (gg) 12 | |
32 | + | Annotated Code of Maryland 13 | |
33 | + | (2022 Replacement Volume and 2022 Supplement) 14 | |
46 | 34 | ||
47 | - | BY repealing and reenacting, with amendments, 21 | |
48 | - | Article – Election Law 22 2 SENATE BILL 111 | |
35 | + | BY adding to 15 | |
36 | + | Article – Election Law 16 | |
37 | + | Section 13–107 17 | |
38 | + | Annotated Code of Maryland 18 | |
39 | + | (2022 Replacement Volume and 2022 Supplement) 19 | |
40 | + | ||
41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
42 | + | That the Laws of Maryland read as follows: 21 | |
43 | + | ||
44 | + | Article – Election Law 22 | |
45 | + | ||
46 | + | 1–101. 23 | |
47 | + | 2 SENATE BILL 111 | |
49 | 48 | ||
50 | 49 | ||
51 | - | Section 1–101(k) 1 | |
52 | - | Annotated Code of Maryland 2 | |
53 | - | (2022 Replacement Volume and 2022 Supplement) 3 | |
50 | + | (a) In this article the following words have the meanings indicated unless a 1 | |
51 | + | different meaning is clearly intended from the context. 2 | |
54 | 52 | ||
55 | - | BY adding to 4 | |
56 | - | Article – Election Law 5 | |
57 | - | Section 13–107 6 | |
58 | - | Annotated Code of Maryland 7 | |
59 | - | (2022 Replacement Volume and 2022 Supplement) 8 | |
53 | + | (l) (1) “Candidate” means an individual who files a certificate of candidacy for 3 | |
54 | + | a public or party office. 4 | |
60 | 55 | ||
61 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
62 | - | That the Laws of Maryland read as follows: 10 | |
56 | + | (2) “Candidate” includes: 5 | |
63 | 57 | ||
64 | - | Article – Election Law 11 | |
58 | + | (i) an incumbent judge of the Court of Appeals or Court of Special 6 | |
59 | + | Appeals at an election for continuance in office; and 7 | |
65 | 60 | ||
66 | - | 1–101. 12 | |
61 | + | (ii) an individual, prior to that individual filing a certificate of 8 | |
62 | + | candidacy, if a campaign finance entity has been established on behalf of that individual. 9 | |
67 | 63 | ||
68 | - | (a) In this article the following words have the meanings indicated unless a 13 | |
69 | - | different meaning is clearly intended from the context. 14 | |
64 | + | (gg) “Political committee” means a combination of two or more individuals that has 10 | |
65 | + | as its major purpose promoting the success or defeat of a candidate, political party, 11 | |
66 | + | question, or prospective question submitted to a vote at any election. 12 | |
70 | 67 | ||
71 | - | ||
68 | + | 13–107. 13 | |
72 | 69 | ||
73 | - | (i) contains text, graphics, or other images; 16 | |
70 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14 | |
71 | + | INDICATED. 15 | |
74 | 72 | ||
75 | - | (ii) relates to a candidate, a [prospective] POTENTIAL candidate, or 17 | |
76 | - | the approval or rejection of a question or prospective question; and 18 | |
73 | + | (2) “DRAFT COMMITTEE” MEANS AN ENTITY THAT IS ORGANIZED TO 16 | |
74 | + | ENCOURAGE A POTENTIA L CANDIDATE TO RUN F OR OFFICE BUT IS NOT AUTHORIZED 17 | |
75 | + | BY THE POTENTIAL CANDIDATE . 18 | |
77 | 76 | ||
78 | - | (iii) is published, distributed, or disseminated. 19 | |
77 | + | (3) (I) “EXPLORATORY COMMITTEE” MEANS AN ENTITY 19 | |
78 | + | ESTABLISHED BY A POTENTIAL CANDIDATE FOR A PUBL IC OFFICE TO DETERMI NE 20 | |
79 | + | THE POTENTIAL CANDID ATE’S VIABILITY FOR THAT PUBLIC OFFICE. 21 | |
79 | 80 | ||
80 | - | (2) “Campaign material” includes: 20 | |
81 | + | (II) “EXPLORATORY COMMITTEE” DOES NOT INCLUDE A 22 | |
82 | + | POLITICAL COMMITTEE . 23 | |
81 | 83 | ||
82 | - | (i) a qualifying paid digital communication; 21 | |
84 | + | (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, ALL PROVISIONS 24 | |
85 | + | OF THIS TITLE THAT A PPLY TO A POLITICAL COMMITTE E ALSO APPLY TO A DRAFT 25 | |
86 | + | COMMITTEE OR AN EXPL ORATORY COMMITTEE . 26 | |
83 | 87 | ||
84 | - | ( | |
85 | - | ||
88 | + | (C) A PERSON MAY ESTABLISH A DRAF T COMMITTEE FOR A PU BLIC OFFICE 27 | |
89 | + | FOR AN INDIVIDUAL ON LY IF: 28 | |
86 | 90 | ||
87 | - | (iii) an oral commercial campaign advertisement; and 24 | |
88 | - | ||
89 | - | (iv) an automated or prerecorded oral communication. 25 | |
90 | - | ||
91 | - | (l) (1) “Candidate” means an individual who files a certificate of candidacy for 26 | |
92 | - | a public or party office. 27 | |
93 | - | ||
94 | - | (2) “Candidate” includes: 28 | |
95 | - | ||
96 | - | (i) an incumbent judge of the Court of Appeals or Court of Special 29 | |
97 | - | Appeals at an election for continuance in office; and 30 SENATE BILL 111 3 | |
91 | + | (1) THE DRAFT COMMITTEE IS NOT ESTABLISHED IN COORD INATION 29 | |
92 | + | OR COOPERATION WITH THE INDIVIDUAL IT IN TENDS TO ENCOURAGE T O SEEK 30 | |
93 | + | PUBLIC OFFICE; AND 31 | |
94 | + | SENATE BILL 111 3 | |
98 | 95 | ||
99 | 96 | ||
97 | + | (2) THE INDIVIDUAL THE D RAFT COMMITTEE INTEND S TO 1 | |
98 | + | ENCOURAGE TO SEEK PUBLIC OFFICE IS NOT A CANDIDATE . 2 | |
100 | 99 | ||
101 | - | ( | |
102 | - | ||
100 | + | (D) AN INDIVIDUAL WHO IS A CANDIDATE MAY NOT ESTABLISH A DRAFT 3 | |
101 | + | COMMITTEE OR AN EXPL ORATORY COMMITTEE FO R A PUBLIC OFFICE. 4 | |
103 | 102 | ||
104 | - | (gg) “Political committee” means a combination of two or more individuals that has 3 | |
105 | - | as its major purpose promoting the success or defeat of a candidate, political party, 4 | |
106 | - | question, or prospective question submitted to a vote at any election. 5 | |
103 | + | (E) SUBJECT TO SUBSECTION (F) OF THIS SECTION , A DRAFT COMMITTEE 5 | |
104 | + | OR AN EXPLORATORY COMMITTE E FOR AN INDIVIDUAL MAY RECEIVE FUNDS AN D 6 | |
105 | + | MAKE DISBURSEMENTS T O DETERMINE THE INDI VIDUAL’S VIABILITY FOR A PUBLIC 7 | |
106 | + | OFFICE. 8 | |
107 | 107 | ||
108 | - | 13–107. 6 | |
108 | + | (F) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY MAKE A 9 | |
109 | + | DISBURSEMENT ONLY FOR THE FOLLOWING ACTIVI TIES: 10 | |
109 | 110 | ||
110 | - | ||
111 | - | ||
111 | + | (1) CONDUCTING SURVEYS OR POLLS REGARDING VIAB ILITY OF THE 11 | |
112 | + | POTENTIAL CANDIDATE FOR A PUBLIC OFFICE; 12 | |
112 | 113 | ||
113 | - | (2) (I) “DONATION” MEANS THE GIFT OR TR ANSFER, OR PROMISE 9 | |
114 | - | OF GIFT OR TRANSFER , OF MONEY OR OTHER TH ING OF VALUE TO A PE RSON THAT 10 | |
115 | - | MAKES DISBURSEMENTS FOR A DRAFT COMMITTE E OR AN EXPLORATORY 11 | |
116 | - | COMMITTEE . 12 | |
114 | + | (2) DIRECT MAILINGS AND O THER COMMUNICATIONS TO POTENTIAL 13 | |
115 | + | VOTERS; 14 | |
117 | 116 | ||
118 | - | (II) “DONATION” DOES NOT INCLUDE ANY AMOUNT OF MONEY 13 | |
119 | - | OR ANY OTHER THIN G OF VALUE: 14 | |
117 | + | (3) EMPLOYING STAFF ; AND 15 | |
120 | 118 | ||
121 | - | 1. RECEIVED BY A PERSON IN THE ORDINARY COUR SE OF 15 | |
122 | - | ANY TRADE OR BUSINES S CONDUCTED BY THE P ERSON, WHETHER FOR PROFIT O R 16 | |
123 | - | NOT FOR PROFIT , OR IN THE FORM OF IN VESTMENTS IN THE PER SON’S BUSINESS; 17 | |
124 | - | OR 18 | |
119 | + | (4) ESTABLISHING A WEBSIT E. 16 | |
125 | 120 | ||
126 | - | 2. A. THAT THE DONOR AND T HE PERSON RECEIVING 19 | |
127 | - | THE MONEY OR THING O F VALUE EXPRESSLY AG REE IN WRITING MAY N OT BE USED 20 | |
128 | - | FOR A DRAFT COMMITTE E OR AN EXPLORATORY COMMITTEE; AND 21 | |
121 | + | (G) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY NOT PAY 17 | |
122 | + | ANY EXPENSE IN ADVAN CE FOR GOODS OR SERV ICES TO BE USED BY T HE POLITICAL 18 | |
123 | + | COMMITTEE OF THE POTENTIAL CANDIDATE ONCE THE POTENTIAL C ANDIDATE 19 | |
124 | + | REGISTERS AN AUTHORI ZED CANDIDATE CAMPAI GN COMMITTEE. 20 | |
129 | 125 | ||
130 | - | B. IN THE CASE OF A MON ETARY DONATION , IS 22 | |
131 | - | DEPOSITED IN A SEPAR ATE BANK ACCOUNT THA T IS NEVER USED FOR A DRAFT 23 | |
132 | - | COMMITTEE OR AN EXPLORATO RY COMMITTEE . 24 | |
133 | - | ||
134 | - | (2) (3) “DRAFT COMMITTEE ” MEANS AN ENTITY THAT IS 25 | |
135 | - | ORGANIZED TO ENCOURA GE A POTENTIAL CANDI DATE TO RUN FOR OFFI CE BUT IS 26 | |
136 | - | NOT AUTHORIZED BY TH E POTENTIAL CANDIDAT E. 27 | |
137 | - | ||
138 | - | (3) (4) (I) “EXPLORATORY COMMITTEE ” MEANS AN ENTITY 28 | |
139 | - | ESTABLISHED BY A POT ENTIAL CANDIDATE FOR A PUBLIC OFFICE TO D ETERMINE 29 | |
140 | - | THE POTENTIAL CANDID ATE’S VIABILITY FOR THAT PUBLIC OFFICE. 30 | |
141 | - | ||
142 | - | (II) “EXPLORATORY COMMITTEE ” DOES NOT INCLUDE A 31 | |
143 | - | POLITICAL COMMITTEE . 32 | |
144 | - | 4 SENATE BILL 111 | |
145 | - | ||
146 | - | ||
147 | - | (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION §§ 13–220.1 AND 1 | |
148 | - | 13–220.2 OF THIS TITLE AND SUBTITLE 2, PART V OF THIS TITLE, ALL PROVISIONS 2 | |
149 | - | OF THIS TITLE THAT A PPLY TO A POLITICAL COMMITTEE ALSO APPLY TO A DRAFT 3 | |
150 | - | COMMITTEE OR AN EXPL ORATORY COMMITTEE . 4 | |
151 | - | ||
152 | - | (C) A PERSON MAY ESTABLISH A DRAFT COMMITTEE FO R A PUBLIC OFFICE 5 | |
153 | - | FOR AN INDIVIDUAL ON LY IF: 6 | |
154 | - | ||
155 | - | (1) THE DRAFT COMMITTEE IS NOT ESTABLISHED I N COORDINATION 7 | |
156 | - | OR COOPERATION WITH THE INDIVIDUAL IT IN TENDS TO ENCOURAGE T O SEEK 8 | |
157 | - | PUBLIC OFFICE; AND 9 | |
158 | - | ||
159 | - | (2) THE INDIVIDUAL THE D RAFT COMMITTEE INTEN DS TO 10 | |
160 | - | ENCOURAGE TO SEE K PUBLIC OFFICE IS N OT A CANDIDATE FOR THAT PUBLIC 11 | |
161 | - | OFFICE. 12 | |
162 | - | ||
163 | - | (D) AN INDIVIDUAL WHO IS A CANDIDATE MAY NOT ESTABLISH A DRAFT 13 | |
164 | - | COMMITTEE OR AN EXPL ORATORY COMMITTEE FO R A PUBLIC OFFICE . 14 | |
165 | - | ||
166 | - | (E) SUBJECT TO SUBSECTION (F) OF THIS SECTION , A DRAFT COMMITTEE 15 | |
167 | - | OR AN EXPLORATORY COMMITTE E FOR AN INDIVIDUAL MAY RECEIVE FUNDS AN D 16 | |
168 | - | MAKE DISBURSEMENTS T O DETERMINE THE INDI VIDUAL’S VIABILITY FOR A PU BLIC 17 | |
169 | - | OFFICE. 18 | |
170 | - | ||
171 | - | (F) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY MAKE A 19 | |
172 | - | DISBURSEMENT ONLY FO R THE FOLLOWING ACTI VITIES: 20 | |
173 | - | ||
174 | - | (1) CONDUCTING SURVEYS O R POLLS REGARDING VI ABILITY OF THE 21 | |
175 | - | POTENTIAL CANDIDATE FOR A PUBLIC OFFICE ; 22 | |
176 | - | ||
177 | - | (2) DIRECT MAILINGS AND OTHER COMMUNICATIONS TO POTENTIAL 23 | |
178 | - | VOTERS; 24 | |
179 | - | ||
180 | - | (3) EMPLOYING STAFF ; AND 25 | |
181 | - | ||
182 | - | (4) ESTABLISHING A WEBSI TE; 26 | |
183 | - | ||
184 | - | (5) A QUALIFYING PAID DIGITAL COMMUNICATIO N; 27 | |
185 | - | ||
186 | - | (6) RENTING OR LEASING O FFICE SPACE; AND 28 | |
187 | - | ||
188 | - | (7) PURCHASING ELECTRONI C EQUIPMENT , INCLUDING COMPUTERS 29 | |
189 | - | AND TELEPHONES . 30 | |
190 | - | SENATE BILL 111 5 | |
191 | - | ||
192 | - | ||
193 | - | (G) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE MAY NOT PAY 1 | |
194 | - | ANY EXPENSE IN ADVAN CE FOR GOODS OR SERV ICES TO BE USED BY THE POLITI CAL 2 | |
195 | - | COMMITTEE OF THE POT ENTIAL CANDIDATE ONC E THE POTENTIAL CAND IDATE 3 | |
196 | - | REGISTERS AN AUTHORI ZED CANDIDATE CAMPAI GN COMMITTEE . 4 | |
197 | - | ||
198 | - | (H) IF AN AUTHORIZED CAND IDATE CAMPAIGN COMMI TTEE RESULTS FROM 5 | |
199 | - | THE DRAFT COMMITTEE OR EXPLORATORY COMMI TTEE, ANY PURCHASES MADE BY 6 | |
200 | - | THE AUTHORIZED CANDI DATE CAMPAIGN COMMIT TEE OF EQUIPMENT FRO M THE 7 | |
201 | - | DRAFT COMMITTEE OR E XPLORATORY COMMITTEE SHALL BE MADE AT THE FAIR 8 | |
202 | - | MARKET VALUE OF THE EQUIPMENT. 9 | |
203 | - | ||
204 | - | (I) (1) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE SHALL 10 | |
205 | - | RETURN ANY REMAINING FUNDS RECEIVED UNDER SUBSE CTION (E) OF THIS 11 | |
206 | - | SECTION IN ACCORDANC E WITH PARAGRAPH (2) OF THIS SUBSECTION W ITHIN 120 12 | |
207 | - | DAYS AFTER: 13 | |
208 | - | ||
209 | - | (I) A POTENTIAL CANDIDAT E OR AN INDIVIDUAL A DRAFT 14 | |
210 | - | COMMITTEE ENCOURAGED TO SEEK PUBLIC OFFIC E: 15 | |
211 | - | ||
212 | - | 1. TIMELY FILING A CERTIFICATE OF CANDIDACY FOR A 16 | |
213 | - | PUBLIC OFFICE UNDER TITLE 5, SUBTITLE 3 OF THIS ARTICLE; OR 17 | |
214 | - | ||
215 | - | 2. PUBLICLY ANNOUNCING THAT THE INDIVIDUAL HAS 18 | |
216 | - | DECLINED TO FILE A C ERTIFICATE OF CANDID ACY FOR PUBLIC OFFIC E; OR 19 | |
217 | - | ||
218 | - | (II) THE DEADLINE FOR FIL ING A CERTIFICATE OF CANDIDACY 20 | |
219 | - | UNDER TITLE 5, SUBTITLE 3 OF THIS ARTICLE HAS PASSED. 21 | |
220 | - | ||
221 | - | (2) A DRAFT COMMITTEE OR A N EXPLORATORY COMMIT TEE SHALL 22 | |
222 | - | RETURN FUNDS UNDER P ARAGRAPH (1) OF THIS SUBSECTION : 23 | |
223 | - | ||
224 | - | (I) PRO RATA TO THE CONT RIBUTORS; OR 24 | |
225 | - | ||
226 | - | (II) PAY THE REMAINING FUNDS TO: 25 | |
227 | - | ||
228 | - | 1. IF THE POTENTIAL CAN DIDATE OR INDIVIDUAL THE 26 | |
229 | - | DRAFT COMMITTEE ENCO URAGED TO SEEK PUBLI C OFFICE IS A MEMBER OF A 27 | |
230 | - | POLITICAL PARTY : 28 | |
231 | - | ||
232 | - | A. THE STATE CENTRAL COMMITT EE OF THE POLITICAL 29 | |
233 | - | PARTY; OR 30 | |
234 | - | ||
235 | - | B. A LOCAL CENTRAL COMM ITTEE OF THE POLITI CAL 31 | |
236 | - | PARTY; 32 6 SENATE BILL 111 | |
237 | - | ||
238 | - | ||
239 | - | ||
240 | - | 2. IF THE POTENTIAL CAN DIDATE OR INDIVIDUAL THE 1 | |
241 | - | DRAFT COMMITTEE ENCO URAGED TO SEEK PUBLI C OFFICE ESTABLISHES AN 2 | |
242 | - | AUTHORIZED CANDIDATE CAMPAIGN COMMITTEE , SUBJECT TO § 13–226 OF THIS 3 | |
243 | - | TITLE, THE AUTHORIZED CANDI DATE CAMPAIGN COMMIT TEE; 4 | |
244 | - | ||
245 | - | 3. A NONPROFIT ORGANIZA TION EXEMPT FROM 5 | |
246 | - | TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE; OR 6 | |
247 | - | ||
248 | - | 4. THE FAIR CAMPAIGN FINANCING FUND 7 | |
249 | - | ESTABLISHED UNDER § 15–103 OF THIS ARTICLE. 8 | |
250 | - | ||
251 | - | (J) A DONATION TO A DRAFT COMMITTEE OR AN EXPL ORATORY COMMITTEE 9 | |
252 | - | IS NOT SUBJECT TO ANY LIMIT S. 10 | |
253 | - | ||
254 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 | |
255 | - | October 1, 2023. 12 | |
256 | - | ||
257 | - | ||
258 | - | ||
259 | - | ||
260 | - | Approved: | |
261 | - | ________________________________________________________________________________ | |
262 | - | Governor. | |
263 | - | ________________________________________________________________________________ | |
264 | - | President of the Senate. | |
265 | - | ________________________________________________________________________________ | |
266 | - | Speaker of the House of Delegates. | |
126 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
127 | + | October 1, 2023. 22 |