Maryland 2025 Regular Session

Maryland House Bill HB906 Compare Versions

Version 1 (Old)

Version 2 (New)

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		hb0906
9	6
10	7		HOUSE BILL 906
11	8		G1 5lr2261
12	9		CF SB 633
13	10		By: Delegate Palakovich Carr
14	11		Introduced and read first time: January 31, 2025
15	12		Assigned to: Ways and Means
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 6, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Campaign Finance – Political Organizations – Disclosures on Solicitations 2
25	19		(Stop Scam PACs Act) 3
26	20
27	21		FOR the purpose of requiring certain political organizations to include certain disclaimers 4
28		-	and statements ~~disclosures~~ on certain solicitations; authorizing the State 5
29		-	~~Administrator of~~ Elections to investigate a potential violation of this Act; and 6
30		-	~~generally relating to~~ disclosure requirements for political organizations. 7
	22	+	and statements on certain solicitations; authorizing the State Administrator of 5
	23	+	Elections to investigate a potential violation of this Act; and generally relating to 6
	24	+	disclosure requirements for political organizations. 7
31	25
32	26		BY repealing and reenacting, without amendments, 8
33	27		Article – Election Law 9
34	28		Section 1–101(a) and (ff) 10
35	29		Annotated Code of Maryland 11
36	30		(2022 Replacement Volume and 2024 Supplement) 12
37	31
38	32		BY adding to 13
39	33		Article – Election Law 14
40	34		Section 13–223 15
41	35		Annotated Code of Maryland 16
42	36		(2022 Replacement Volume and 2024 Supplement) 17
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45	39		That the Laws of Maryland read as follows: 19
46	40
47	41		Article – Election Law 20
48		-	2 HOUSE BILL 906
	42	+
	43	+	1–101. 21
	44	+
	45	+	(a) In this article the following words have the meanings indicated unless a 22
	46	+	different meaning is clearly intended from the context. 23
	47	+
	48	+	(ff) “Political action committee” means a political committee that is not: 24 2 HOUSE BILL 906
49	49
50	50
51		-	1–101. 1
52	51
53		-	(a) In this article the following words have the meanings indicated unless a 2
54		-	different meaning is clearly intended from the context. 3
	52	+	(1) a political party; 1
55	53
56		-	(ff) ~~“Political action committee” means~~ a ~~political~~ committee ~~that is not: 4~~
	54	+	(2) a central committee; 2
57	55
58		-	(1) a ~~political party~~; 5
	56	+	(3) a slate; 3
59	57
60		-	(2) a ~~central~~ committee; 6
	58	+	(4) a legislative party caucus committee; 4
61	59
62		-	(3) ~~a slate~~; 7
	60	+	(5) an authorized candidate campaign committee; or 5
63	61
64		-	(4) a ~~legislative party caucus~~ committee~~; 8~~
	62	+	(6) a ballot issue committee. 6
65	63
66		-	~~(5) an authorized candidate campaign committee; or 9~~
	64	+	13–223. 7
67	65
68		-	(6) a ballot issue committee. 10
	66	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
	67	+	INDICATED. 9
69	68
70		-	~~13–223. 11~~
	69	+	(2) “DISBURSEMENT ” MEANS: 10
71	70
72		-	(A) ~~(1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12~~
73		-	~~INDICATED. 13~~
	71	+	(I) AN INDEPENDENT EXPEN DITURE FOR CAMPAIGN MATERIAL 11
	72	+	THAT IS A PUBLIC COM MUNICATION, AS DEFINED IN § 13–306 OF THIS TITLE; 12
74	73
75		-	(2) “DISBURSEMENT ” MEANS: 14
	74	+	(II) A DISBURSEMENT FOR E LECTIONEERING 13
	75	+	COMMUNICATIONS , AS DEFINED IN § 13–307 OF THIS TITLE; OR 14
76	76
77		-	(I) ~~AN INDEPENDENT EXPEN DITURE FOR CAMPAIGN MATERIAL~~ 15
78		-	~~THAT IS A PUBLIC COM MUNICATION, AS DEFINED IN § 13–306 OF~~ THIS TITLE; 16
	77	+	(III) A POLITICAL DISBURSE MENT, AS DEFINED IN § 13–309.2 OF 15
	78	+	THIS TITLE. 16
79	79
80		-	(II) ~~A DISBURSEMENT FOR E~~ ~~LECTIONEERING~~ 17
81		-	~~COMMUNICATIONS , AS DEFINED IN~~ § 13–~~307~~ OF THIS TITLE~~; OR~~ 18
	80	+	(3) “DONATION” HAS THE MEANING STAT ED IN § 13–306, § 13–307, 17
	81	+	OR § 13–309.2 OF THIS TITLE. 18
82	82
83		-	(~~III~~) A ~~POLITICAL DISBURSE MENT,~~ ~~AS DEFINED IN § 13–309.2 OF~~ 19
84		-	~~THIS TITLE~~. 20
	83	+	(4) “SOLICITATION” MEANS A REQUEST FOR CONTRIBUTIONS OR 19
	84	+	DONATIONS TO A PERSO N DISSEMINATED THROU GH ANY MEDIUM . 20
85	85
86		-	(3) “DONATION” HAS THE MEANING STAT ED IN § 13–306, § 13–307, 21
87		-	OR § 13–309.2 OF THIS TITLE. 22
	86	+	(B) THIS SECTION APPLIES ONLY TO: 21
88	87
89		-	(4) ~~“SOLICITATION” MEANS~~ A ~~REQUEST FOR CONTRIBUTIONS OR 23~~
90		-	~~DONATIONS TO A PERSO N DISSEMINATED THROU GH ANY MEDIUM . 24~~
	88	+	(1) A PERSON REQUIRED TO FILE REPORTS UNDER § 13–306, § 22
	89	+	13–307, OR § 13–309.2 OF THIS TITLE; AND 23
91	90
92		-	(B) ~~THIS SECTION APPLIES ONLY TO~~: 25
	91	+	(2) A POLITICAL ACTION C OMMITTEE THAT : 24
93	92
94		-	(1) A ~~PERSON REQUIRED TO FILE REPORTS UNDER § 13–306, § 26~~
95		-	~~13–307, OR § 13–309.2 OF THIS TITLE~~; AND 27
	93	+	(I) IS NOT AFFILIATED WI TH A CORPORATION OR LABOR 25
	94	+	ORGANIZATION ; AND 26
96	95		HOUSE BILL 906 3
97	96
98	97
99		-	(2) A POLITICAL ACTION COMM ITTEE THAT: 1
	98	+	(II) EXCLUSIVELY MAKES IN DEPENDENT EXPENDITUR ES OR 1
	99	+	DISBURSEMENTS FOR EL ECTIONEERING COMMUNI CATIONS. 2
100	100
101		-	(I) IS NOT AFFILIATED WI TH A CORPORATION OR LABOR 2
102		-	ORGANIZATION ; AND 3
	101	+	(C) IF A PERSON SUBJECT T O THIS SECTION SOLIC ITS FOR A CANDIDATE OR 3
	102	+	A POLITICAL PARTY AN D USES A CANDIDATE’S NAME, IMAGE, OR LIKENESS IN THE 4
	103	+	SOLICITATION, THE PERSON SHALL CLEARLY AND CONSPICU OUSLY INCLUDE ON 5
	104	+	THE SOLICITATION THE FOLLOWING DISCLAIMER OR A SUBSTANTIALLY S IMILAR 6
	105	+	DISCLAIMER: “THE (NAME, IMAGE, OR LIKENESS) OF (NAME OF CANDIDATE OR 7
	106	+	POLITICAL PARTY) ON THIS SOLICITATION IS INCLUDED WITHOUT THE KNOWLEDGE 8
	107	+	OR PERMISSION OF (NAME OF CANDIDATE OR POLITICAL PARTY ), AND DOES NOT 9
	108	+	IMPLY AUTHORIZATION OR APP ROVAL BY (NAME OF CANDIDATE OR POLITICAL 10
	109	+	PARTY).”. 11
103	110
104		-	(II) EXCLUSIVELY MAKES IN DEPENDENT EXPENDITUR ES OR 4
105		-	DISBURSEMENTS FOR EL ECTIONEERING COMMUNI CATIONS. 5
	111	+	(D) IF A PERSON SUBJECT TO TH IS SECTION SOLICITS FOR WHAT AP PEARS 12
	112	+	TO BE A CHARITABLE P URPOSE, THE PERSON SHALL INCLUDE ON EAC H 13
	113	+	SOLICITATION DISSEMI NATED BY THE PERSON A CLEAR AND CONSPICU OUS 14
	114	+	STATEMENT THAT CONTR IBUTIONS OR DONATION S TO THE PERSON : 15
106	115
107		-	(C) IF A PERSON SUBJECT T O THIS SECTION SOLI CITS FOR THE BENEFIT OF 6
108		-	A CANDIDATE OR A POL ITICAL PARTY AND USE S A CANDIDATE’S NAME, IMAGE, OR 7
109		-	LIKENESS IN THE SOLI CITATION, THE PERSON SHALL CLE ARLY AND 8
110		-	CONSPICUOUSLY INCLUD E ON THE SOLICITATIO N THE FOLLOWING DISC LAIMER OR 9
111		-	A SUBSTANTIALLY SIMI LAR DISCLAIMER: “THE (NAME, IMAGE, OR LIKENESS) OF 10
112		-	(NAME OF CANDIDATE OR POLITICAL PARTY ) ON THIS SOLICITATION IS INCLUDED 11
113		-	WITHOUT THE KNOWLEDG E OR PERMISSION OF (NAME OF CANDIDATE OR POLITICAL 12
114		-	PARTY), AND DOES NOT IMPLY A UTHORIZATION OR APPR OVAL BY (NAME OF 13
115		-	CANDIDATE OR POLITICAL PARTY ).”. 14
	116	+	(1) ARE NOT NECESSARILY USED FOR CHARITABLE PURPOSES; AND 16
116	117
117		-	(D) IF A PERSON SUBJECT T O THIS SECTION SOLIC ITS FOR WHAT APPEARS 15
118		-	TO BE A CHARITABLE AN ELECTORAL OR POLI TICAL PURPOSE, THE PERSON SHALL 16
119		-	INCLUDE DISCLOSE IN A CLEAR AND CONSPICUOUS MANN ER ON EACH 17
120		-	SOLICITATION DISSEMI NATED BY THE PERSON A CLEAR AND CONSPICU OUS 18
121		-	STATEMENT THAT CONTR IBUTIONS OR DONATION S TO THE PERSON : 19
	118	+	(2) ARE NOT TAX–DEDUCTIBLE. 17
122	119
123		-	(1) ARE NOT NECESSARILY USED FOR CHARITABLE PURPOSES THE 20
124		-	FIVE RECIPIENTS TO W HICH THE PERSON MADE THE LARGEST EXPENDIT URES OR 21
125		-	DISBURSEMENTS DURING THE IMMEDIATELY PRECEDING CALENDAR Q UARTER; 22
126		-	AND 23
	120	+	(E) (1) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 18
	121	+	DESIGNEE, MAY INVESTIGATE A PO TENTIAL VIOLATION OF THIS SECTION. 19
127	122
128		-	(2) ~~ARE NOT TAX –DEDUCTIBLE~~ THE ~~TOTAL AMOUNT OF 24~~
129		-	~~EXPENDITURES OR DISB URSEMENTS MADE TO EA CH RECIPIENT. 25~~
	123	+	(2) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 20
	124	+	DESIGNEE, SHALL: 21
130	125
131		-	(E) (1) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 26
132		-	DESIGNEE, MAY INVESTIGATE A PO TENTIAL VIOLATION OF THIS SECTION. 27
	126	+	(I) NOTIFY A PERSON WHO IS SUBJECT TO AN INV ESTIGATION 22
	127	+	UNDER THIS SUBSECTIO N OF THE CIRCUMSTANC ES THAT GAVE RISE TO THE 23
	128	+	INVESTIGATION ; AND 24
133	129
134		-	(2) THE ~~STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S~~ 28
135		-	~~DESIGNEE, SHALL:~~ 29
	130	+	(II) PROVIDE THE PERSON A MPLE OPPORTUNITY TO BE HEARD 25
	131	+	AT A PUBLIC MEETING OF THE STATE BOARD. 26
136	132
137		-	(I) NOTIFY A PERSON WHO IS SUBJECT TO AN INV ESTIGATION 30
138		-	UNDER THIS SUBSECTIO N OF THE CIRCUMSTANC ES THAT GAVE RISE TO THE 31
139		-	INVESTIGATION ; AND 32
	133	+	(3) (I) IN FURTHERANCE OF AN INVE STIGATION UNDER THIS 27
	134	+	SUBSECTION, THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 28
	135	+	DESIGNEE, MAY ISSUE A SUBPOENA FOR THE ATTENDANCE O F A WITNESS TO 29
	136	+	TESTIFY OR THE PRODU CTION OF RECORDS . 30
140	137
141		-	(II) PROVIDE THE PE RSON AMPLE OPPORTUNI TY TO BE HEARD 33
142		-	AT A PUBLIC MEETING OF THE STATE BOARD. 34 4 HOUSE BILL 906
	138	+	(II) A SUBPOENA ISSUED UNDE R THIS PARAGRA PH SHALL BE 31
	139	+	SERVED IN ACCORDANCE WITH THE MARYLAND RULES. 32
	140	+	4 HOUSE BILL 906
	141	+
	142	+
	143	+	(III) FOR A SUBPOENA TO BE ISSUED UNDER THIS PA RAGRAPH, 1
	144	+	THE STATE ADMINISTRATOR SHALL M AKE A FINDING THAT T HE SUBPOENA IS 2
	145	+	NECESSARY TO AND IN FURTHERANCE OF AN IN VESTIGATION BEING CO NDUCTED 3
	146	+	UNDER THIS SUBSECTIO N. 4
	147	+
	148	+	(IV) A FILING SUBMITTED TO A COURT WITH RESPECT TO A 5
	149	+	SUBPOENA UNDER THIS PARAGRAPH SHALL BE S EALED ON FILING . 6
	150	+
	151	+	(V) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED 7
	152	+	UNDER THIS PARAGRAPH , ON PETITION OF THE STATE ADMINISTRATOR , A CIRCUIT 8
	153	+	COURT OF COMPETENT J URISDICTION MAY COMP EL COMPLIANCE WITH T HE 9
	154	+	SUBPOENA. 10
	155	+
	156	+	(4) AT THE CONCLUSION OF THE INVESTIGATION AN D FOLLOWING 11
	157	+	THE HEARING UNDER PA RAGRAPH (2)(II) OF THIS SUBSECTION , THE STATE BOARD 12
	158	+	SHALL ISSUE A PUBLIC REPORT OF ITS FIND INGS AND MAY: 13
	159	+
	160	+	(I) PROHIBIT A PERSON WH O VIOLATED THIS SECT ION FROM 14
	161	+	SOLICITING CONTRIBUT IONS OR DONATIONS FO R A PERIOD OF TIME D ETERMINED 15
	162	+	BY THE STATE BOARD; OR 16
	163	+
	164	+	(II) IMPOSE A CIVIL PENAL TY ON A PERSON WHO V IOLATED THIS 17
	165	+	SECTION AS PROVIDED IN SUBSECTION (F) OF THIS SECTION. 18
	166	+
	167	+	(F) (1) A PERSON WHO VIOLATES THIS SECTION IS NOT SUBJECT TO: 19
	168	+
	169	+	(I) A CRIMINAL PENALTY U NDER § 13–603 OF THIS TITLE; 20
	170	+
	171	+	(II) A CIVIL PENALTY UNDE R § 13–604 OF THIS TITLE; OR 21
	172	+
	173	+	(III) INVESTIGATION BY THE STATE PROSECUTOR . 22
	174	+
	175	+	(2) THE STATE BOARD MAY IMPOSE A CI VIL PENALTY FOR A 23
	176	+	VIOLATION OF THIS SE CTION. 24
	177	+
	178	+	(3) A CIVIL PENALTY: 25
	179	+
	180	+	(I) SHALL BE ASSESSED IN THE MANNER SPECIFIED IN § 26
	181	+	13–604.1 OF THIS TITLE; AND 27
	182	+
	183	+	(II) MAY NOT EXCEED $10,000. 28
	184	+
	185	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
	186	+	1, 2025. 30 HOUSE BILL 906 5
143	187
144	188
145	189
146		-	(3) (I) IN FURTHERANCE OF AN INVESTIGATION UNDER THIS 1
147		-	SUBSECTION, THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 2
148		-	DESIGNEE, MAY ISSUE A SUBPOENA FOR THE ATTENDANCE O F A WITNESS TO 3
149		-	TESTIFY OR THE PRODU CTION OF RECORDS . 4
150		-
151		-	(II) A SUBPOENA ISSUED UNDE R THIS PARAGRAPH SHA LL BE 5
152		-	SERVED IN ACCORDANCE WITH THE MARYLAND RULES. 6
153		-
154		-	(III) FOR A SUBPOENA TO BE ISSUED UNDER THIS PA RAGRAPH, 7
155		-	THE STATE ADMINISTRATOR SHALL M AKE A FINDING TH AT THE SUBPOENA IS 8
156		-	NECESSARY TO AND IN FURTHERANCE OF AN IN VESTIGATION BEING CO NDUCTED 9
157		-	UNDER THIS SUBSECTIO N. 10
158		-
159		-	(IV) A FILING SUBMITTED TO A COURT WITH RESPECT TO A 11
160		-	SUBPOENA UNDER THIS PARAGRAPH SHALL BE S EALED ON FILING . 12
161		-
162		-	(V) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED 13
163		-	UNDER THIS PARAGRAPH , ON PETITION OF THE STATE ADMINISTRATOR , A CIRCUIT 14
164		-	COURT OF COMPETENT J URISDICTION MAY COMP EL COMPLIANCE WITH T HE 15
165		-	SUBPOENA. 16
166		-
167		-	(4) AT THE CONCLUSION OF THE INVESTIGATION AN D FOLLOWING 17
168		-	THE HEARING UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION , THE STATE BOARD 18
169		-	SHALL ISSUE A PUBLIC REPORT OF ITS FINDIN GS AND MAY: 19
170		-
171		-	(I) PROHIBIT A PERSON WH O VIOLATED THIS SECT ION FROM 20
172		-	SOLICITING CONTRIBUT IONS OR DONATIONS FO R A PERIOD OF TIME D ETERMINED 21
173		-	BY THE STATE BOARD; OR 22
174		-
175		-	(II) IMPOSE A CIVIL PENAL TY ON A PERSON WHO V IOLATED THIS 23
176		-	SECTION AS PROVIDED IN SUBSECTION (F) OF THIS SECTION. 24
177		-
178		-	(F) (1) A PERSON WHO VIOLATES THIS SECTION IS NOT SUBJECT TO: 25
179		-
180		-	(I) A CRIMINAL PENALTY U NDER § 13–603 OF THIS TITLE; 26
181		-
182		-	(II) A CIVIL PENALTY UNDE R § 13–604 OF THIS TITLE; OR 27
183		-
184		-	(III) INVESTIGATION BY THE STATE PROSECUTOR . 28
185		-
186		-	(2) THE STATE BOARD MAY IMPOSE A CI VIL PENALTY FOR A 29
187		-	VIOLATION OF THIS SE CTION. 30
188		-	HOUSE BILL 906 5
189		-
190		-
191		-	(3) A CIVIL PENALTY: 1
192		-
193		-	(I) SHALL BE ASSESSED IN THE MANNER SPECIFIED IN § 2
194		-	13–604.1 OF THIS TITLE; AND 3
195		-
196		-	(II) MAY NOT EXCEED $10,000. 4
197		-
198		-	(G) THE STATE BOARD MAY ADOPT REGUL ATIONS TO CARRY OUT THIS 5
199		-	SECTION. 6
200		-
201		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
202		-	1, 2025. 8
203		-
204		-
205		-
206		-
207		-
208		-	Approved:
209		-	________________________________________________________________________________
210		-	Governor.
211		-	________________________________________________________________________________
212		-	Speaker of the House of Delegates.
213		-	________________________________________________________________________________
214		-	President of the Senate.