EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0633*
SENATE BILL 633
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By: Senator Kagan
Introduced and read first time: January 25, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Campaign Finance – Political Organizations – Disclosures on Solicitations 2
(Stop Scam PACs Act) 3
FOR the purpose of requiring certain political organizations to include certain disclaimers 4
and statements on certain solicitations; authorizing the State Administrator of 5
Elections to investigate a potential violation of this Act; and generally relating to 6
disclosure requirements for political organizations. 7
BY repealing and reenacting, without amendments, 8
Article – Election Law 9
Section 1–101(a) and (ff) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Election Law 14
Section 13–223 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Election Law 20
1–101. 21
(a) In this article the following words have the meanings indicated unless a 22
different meaning is clearly intended from the context. 23
(ff) “Political action committee” means a political committee that is not: 24 2 SENATE BILL 633
(1) a political party; 1
(2) a central committee; 2
(3) a slate; 3
(4) a legislative party caucus committee; 4
(5) an authorized candidate campaign committee; or 5
(6) a ballot issue committee. 6
13–223. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “DISBURSEMENT ” MEANS: 10
(I) AN INDEPENDENT EXPEN DITURE FOR CAMPAIGN MATERIAL 11
THAT IS A PUBLIC COM MUNICATION, AS DEFINED IN § 13–306 OF THIS TITLE; 12
(II) A DISBURSEMENT FOR E LECTIONEERING 13
COMMUNICATIONS , AS DEFINED IN § 13–307 OF THIS TITLE; OR 14
(III) A POLITICAL DISBURSEMENT , AS DEFINED IN § 13–309.2 OF 15
THIS TITLE. 16
(3) “DONATION” HAS THE MEANING STAT ED IN § 13–306, § 13–307, 17
OR § 13–309.2 OF THIS TITLE. 18
(4) “SOLICITATION” MEANS A REQUEST FOR CONTRIBUTIONS OR 19
DONATIONS TO A PERSO N DISSEMINATED THROU GH ANY MEDIUM. 20
(B) THIS SECTION APPLIES ONLY TO: 21
(1) A PERSON REQUIRED TO FILE REPORTS UNDER § 13–306, § 22
13–307, OR § 13–309.2 OF THIS TITLE; AND 23
(2) A POLITICAL ACTION C OMMITTEE THAT : 24
(I) IS NOT AFFILIATED WI TH A CORPORATION OR LABOR 25
ORGANIZATION ; AND 26
SENATE BILL 633 3
(II) EXCLUSIVELY MAKES IN DEPENDENT EXPENDITUR ES OR 1
DISBURSEMENTS FOR EL ECTIONEERING COMMUNI CATIONS. 2
(C) IF A PERSON SUBJECT T O THIS SECTION SOLIC ITS FOR A CANDIDATE OR 3
A POLITICAL PART Y AND USES A CANDIDA TE’S NAME, IMAGE, OR LIKENESS IN THE 4
SOLICITATION, THE PERSON SHALL CLE ARLY AND CONSPICUOUS LY INCLUDE ON 5
THE SOLICITATION THE FOLLOWING DISCLAIMER OR A SUBSTANTIALLY S IMILAR 6
DISCLAIMER: “THE (NAME, IMAGE, OR LIKENESS) OF (NAME OF CANDID ATE OR 7
POLITICAL PARTY ) ON THIS SOLICITATION IS INCLUDED WITHOUT THE KNOWLEDGE 8
OR PERMISSION OF (NAME OF CANDIDATE OR POLITICAL PARTY ), AND DOES NOT 9
IMPLY AUTHORIZATION OR APPROVAL BY (NAME OF CANDIDATE OR POLITICAL 10
PARTY).”. 11
(D) IF A PERSON SUBJECT T O THIS SECTION SOLICIT S FOR WHAT APPEARS 12
TO BE A CHARITABLE P URPOSE, THE PERSON SHALL INC LUDE ON EACH 13
SOLICITATION DISSEMI NATED BY THE PERSON A CLEAR AND CONSPICU OUS 14
STATEMENT THAT CONTR IBUTIONS OR DONATION S TO THE PERSON : 15
(1) ARE NOT NECESSARILY USED FOR CHARITABLE PURPOSES ; AND 16
(2) ARE NOT TAX–DEDUCTIBLE. 17
(E) (1) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 18
DESIGNEE, MAY INVESTIGATE A PO TENTIAL VIOLATION OF THIS SECTION. 19
(2) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 20
DESIGNEE, SHALL: 21
(I) NOTIFY A PERSON WHO IS SUBJECT TO AN INV ESTIGATION 22
UNDER THIS SUBSECTIO N OF THE CIRCUMSTANC ES THAT GAVE RISE TO THE 23
INVESTIGATION ; AND 24
(II) PROVIDE THE PERSON A MPLE OPPORTUNITY TO BE HEARD 25
AT A PUBLIC MEETING OF THE STATE BOARD. 26
(3) (I) IN FURTHERANCE OF AN INVESTIGATION UNDER THIS 27
SUBSECTION, THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 28
DESIGNEE, MAY ISSUE A SUBPOENA FOR THE ATTENDANCE O F A WITNESS TO 29
TESTIFY OR THE PRODU CTION OF RECORDS . 30
(II) A SUBPOENA ISSUED UNDE R THIS PARAGRAPH SHALL BE 31
SERVED IN ACCORDANCE WITH THE MARYLAND RULES. 32
4 SENATE BILL 633
(III) FOR A SUBPOENA TO BE ISSUED UNDER THIS PA RAGRAPH, 1
THE STATE ADMINISTRATOR SHALL M AKE A FINDING THAT T HE SUBPOENA IS 2
NECESSARY TO AND IN FURTHERANCE OF AN IN VESTIGATION BEING CONDUCTED 3
UNDER THIS SUBSECTIO N. 4
(IV) A FILING SUBMITTED TO A COURT WITH RESPECT TO A 5
SUBPOENA UNDER THIS PARAGRAPH SHALL BE S EALED ON FILING . 6
(V) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED 7
UNDER THIS PARAGRAPH , ON PETITION OF THE STATE ADMINISTRATOR , A CIRCUIT 8
COURT OF COMPETENT J URISDICTION MAY COMP EL COMPLIANCE WITH T HE 9
SUBPOENA. 10
(4) AT THE CONCLUSION OF THE INVESTIGATION AN D FOLLOWING 11
THE HEARING UNDER PA RAGRAPH (2)(II) OF THIS SUBSECTION , THE STATE BOARD 12
SHALL ISSUE A PUBLIC REPORT OF ITS FINDINGS AN D MAY: 13
(I) PROHIBIT A PERSON WH O VIOLATED THIS SECT ION FROM 14
SOLICITING CONTRIBUT IONS OR DONATIONS FO R A PERIOD OF TIME D ETERMINED 15
BY THE STATE BOARD; OR 16
(II) IMPOSE A CIVIL PENAL TY ON A PERSON WHO V IOLATED THIS 17
SECTION AS PROVI DED IN SUBSECTION (F) OF THIS SECTION. 18
(F) (1) A PERSON WHO VIOLATES THIS SECTION IS NOT SUBJECT TO: 19
(I) A CRIMINAL PENALTY U NDER § 13–603 OF THIS TITLE; 20
(II) A CIVIL PENALTY UNDE R § 13–604 OF THIS TITLE; OR 21
(III) INVESTIGATION BY THE STATE PROSECUTOR . 22
(2) THE STATE BOARD MAY IMPOSE A CI VIL PENALTY FOR A 23
VIOLATION OF THIS SE CTION. 24
(3) A CIVIL PENALTY: 25
(I) SHALL BE ASSESSED IN THE MANNER SPECIFIED IN § 26
13–604.1 OF THIS TITLE; AND 27
(II) MAY NOT EXCEED $10,000. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2025. 30 SENATE BILL 633 5