EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0633*
SENATE BILL 633
G1 5lr2262
CF HB 906
By: Senator Kagan
Introduced and read first time: January 25, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 27, 2025
CHAPTER ______
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 disclosures on certain solicitations; authorizing the State 5
Administrator of Elections to investigate a potential violation of this Act; and 6
generally relating to 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
2 SENATE BILL 633
1–101. 1
(a) In this article the following words have the meanings indicated unless a 2
different meaning is clearly intended from the context. 3
(ff) “Political action committee” means a political committee that is not: 4
(1) a political party; 5
(2) a central committee; 6
(3) a slate; 7
(4) a legislative party caucus committee; 8
(5) an authorized candidate campaign committee; or 9
(6) a ballot issue committee. 10
13–223. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “DISBURSEMENT ” MEANS: 14
(I) AN INDEPENDENT EXPEN DITURE FOR CAMPAIGN MATERIAL 15
THAT IS A PUBLIC COM MUNICATION, AS DEFINED IN § 13–306 OF THIS TITLE; 16
(II) A DISBURSEMENT FOR E LECTIONEERING 17
COMMUNICATIONS , AS DEFINED IN § 13–307 OF THIS TITLE; OR 18
(III) A POLITICAL DISBURSE MENT, AS DEFINED IN § 13–309.2 OF 19
THIS TITLE. 20
(3) “DONATION” HAS THE MEANING STAT ED IN § 13–306, § 13–307, 21
OR § 13–309.2 OF THIS TITLE. 22
(4) “SOLICITATION” MEANS A REQUEST FOR CONTRIBUTIONS OR 23
DONATIONS TO A PERSO N DISSEMINATED THROUGH ANY MEDIUM . 24
(B) THIS SECTION APPLIES ONLY TO: 25
(1) A PERSON REQUIRED TO FILE REPORTS UNDER § 13–306, § 26
13–307, OR § 13–309.2 OF THIS TITLE; AND 27
SENATE BILL 633 3
(2) A POLITICAL ACTION C OMMITTEE THAT : 1
(I) IS NOT AFFILIATED WI TH A CORPORATION OR LABOR 2
ORGANIZATION; AND 3
(II) EXCLUSIVELY MAKES IN DEPENDENT EXPENDITUR ES OR 4
DISBURSEMENTS FOR EL ECTIONEERING COMMUNI CATIONS. 5
(C) IF A PERSON SUBJECT T O THIS SECTION SOLIC ITS FOR THE BENEFIT OF 6
A CANDIDATE OR A POL ITICAL PARTY AND USE S A CANDIDATE’S NAME, IMAGE, OR 7
LIKENESS IN THE SOLI CITATION, THE PERSON SHALL CLE ARLY AND 8
CONSPICUOUSLY INCLUD E ON THE SOLICITATIO N THE FOLLOWING DISC LAIMER OR 9
A SUBSTANTIALLY SIMI LAR DISCLAIMER : “THE (NAME, IMAGE, OR LIKENESS) OF 10
(NAME OF CANDIDATE OR POLITICAL PARTY ) ON THIS SOLICITATION IS INCLUDED 11
WITHOUT THE KNOWLEDG E OR PERMISSION OF (NAME OF CANDIDATE OR POLITICAL 12
PARTY), AND DOES NOT IMPLY A UTHORIZATION OR APPR OVAL BY (NAME OF 13
CANDIDATE OR POLITIC AL PARTY).”. 14
(D) IF A PERSON SUBJECT T O THIS SECTION SOLIC ITS FOR WHAT APPEAR S 15
TO BE A CHARITABLE AN ELECTORAL OR A PO LITICAL PURPOSE, THE PERSON SHALL 16
INCLUDE DISCLOSE IN A CLEAR AND CONSPICUOUS MANN ER ON EACH 17
SOLICITATION DISSEMI NATED BY THE PERSON A CLEAR AND CONSPICU OUS 18
STATEMENT THAT CONTR IBUTIONS OR DONATION S TO THE PERSON : 19
(1) ARE NOT NECESSARILY USED FOR CHARITABLE PURPOSES THE 20
FIVE RECIPIENTS TO W HICH THE PERSON MADE THE LARGEST EXPENDIT URES OR 21
DISBURSEMENTS DURING THE IMMEDIATELY PREC EDING CALENDAR QUART ER; 22
AND 23
(2) ARE NOT TAX –DEDUCTIBLE THE TOTAL AMOUNT OF 24
EXPENDITU RES OR DISBURSEMENTS MADE TO EACH RECIPIE NT. 25
(E) (1) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 26
DESIGNEE, MAY INVESTIGATE A PO TENTIAL VIOLATION OF THIS SECTION. 27
(2) THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 28
DESIGNEE, SHALL: 29
(I) NOTIFY A PERSON WHO IS SUBJECT TO AN INV ESTIGATION 30
UNDER THIS SUBSECTIO N OF THE CIRCUMSTANC ES THAT GAVE RISE TO THE 31
INVESTIGATION ; AND 32
(II) PROVIDE THE PERSON A MPLE OPPORTUNITY TO BE HEARD 33
AT A PUBLIC MEETING OF THE STATE BOARD. 34 4 SENATE BILL 633
(3) (I) IN FURTH ERANCE OF AN INVESTI GATION UNDER THIS 1
SUBSECTION, THE STATE ADMINISTRATOR , OR THE STATE ADMINISTRATOR ’S 2
DESIGNEE, MAY ISSUE A SUBPOENA FOR THE ATTENDANCE O F A WITNESS TO 3
TESTIFY OR THE PRODU CTION OF RECORDS . 4
(II) A SUBPOENA ISSUED UNDE R THIS PARAGRAPH SHALL BE 5
SERVED IN ACCORDANCE WITH THE MARYLAND RULES. 6
(III) FOR A SUBPOENA TO BE ISSUED UNDER THIS PA RAGRAPH, 7
THE STATE ADMINISTRATOR SHALL M AKE A FINDING THAT T HE SUBPOENA IS 8
NECESSARY TO AND IN FURTHERANCE OF AN IN VESTIGATION BEING CO NDUCTED 9
UNDER THIS SUBSECTION . 10
(IV) A FILING SUBMITTED TO A COURT WITH RESPECT TO A 11
SUBPOENA UNDER THIS PARAGRAPH SHALL BE S EALED ON FILING . 12
(V) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED 13
UNDER THIS PARAGRAPH , ON PETITION OF THE STATE ADMINISTRATOR , A CIRCUIT 14
COURT OF COMPETENT J URISDICTION MAY COMP EL COMPLIANCE WITH T HE 15
SUBPOENA. 16
(4) AT THE CONCLUSION OF THE INVESTIGATION AN D FOLLOWING 17
THE HEARING UNDER PA RAGRAPH (2)(II) OF THIS SUBSECTION , THE STATE BOARD 18
SHALL ISSUE A PUBLIC REPORT OF ITS FINDIN GS AND MAY: 19
(I) PROHIBIT A PERSON WH O VIOLATED THIS SECT ION FROM 20
SOLICITING CONTRIBUT IONS OR DONATIONS FO R A PERIOD OF TIME D ETERMINED 21
BY THE STATE BOARD; OR 22
(II) IMPOSE A CIVIL PENAL TY ON A PERSON WHO V IOLATED THIS 23
SECTION AS PROVIDED IN SUBSECTION (F) OF THIS SECTION. 24
(F) (1) A PERSON WHO VIOLATES THIS SECTION IS NOT SUBJECT TO: 25
(I) A CRIMINAL PENALTY U NDER § 13–603 OF THIS TITLE; 26
(II) A CIVIL PENALTY UNDE R § 13–604 OF THIS TITLE; OR 27
(III) INVESTIGATION BY THE STATE PROSECUTOR . 28
(2) THE STATE BOARD MAY IMPOSE A CI VIL PENALTY FOR A 29
VIOLATION OF THIS SE CTION. 30
SENATE BILL 633 5
(3) A CIVIL PENALTY: 1
(I) SHALL BE ASSESSED IN THE MANNER SPECIFIED IN § 2
13–604.1 OF THIS TITLE; AND 3
(II) MAY NOT EXCEED $10,000. 4
(G) THE STATE BOARD MAY ADOPT REGULATIONS TO CARRY OUT THIS 5
SECTION. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2025. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.