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Reporting Requirements for Persons Supporting or Opposing the Question Relating to Senate Bill 1

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Senate Bill 1 (Chapter 1 of the 2nd Special Session, 2012) - Gaming Expansion - Video Lottery Terminals and Table Games - Lottery Machines - Veterans' Organizations

Overview

The Maryland Constitution, Article XIX, § 1(e) provides that the "General Assembly may only authorize additional forms or expansion of commercial gaming if approval is granted through a referendum, authorized by an act of the General Assembly, in a general election by a majority of the qualified voters in the State." During the 2nd Special Session of 2012, the General Assembly passed SB 1, an act establishing additional forms and expansion of commercial gaming. The Governor signed SB 1 on August 15, 2012. The bill provides the specific question to be referred to the voters on the 2012 Presidential Election ballot.

The bill also establishes additional campaign finance reporting requirements for persons who are supporting or opposing the question. Specifically, the bill requires persons supporting or opposing the question to file a statement within 48 hours of reaching certain contribution and expenditure amounts. In addition to the requirement to file the campaign finance statements, persons supporting or opposing the question are also required to file the regularly scheduled campaign finance reports.

Persons covered under SB 1

  • A ballot issue committee formed to support or oppose the question relating to this Act;
  • A person required to file an independent expenditure report under §13-306 of the Election Law Article as a result of independent expenditures to support or oppose the question relating to this Act; and
  • A person required to file an electioneering communications report under §13-307 of the Election Law Article as a result of electioneering communications to support or oppose the question relating to this Act.

Requirements and Schedule

Period 1- 8/15/2012- 10/7/2012

  • During this period, persons covered under SB 1 are required to file a statement (see attached) within 48 hour of receiving aggregate contributions of $10,000 or more from a single contributor or making aggregate expenditures or incurring obligations of $10,000 or more. 
  • Ballot Issue Report due on 10/12/2012 (covering all transactions during this period).  The campaign finance report shall be filed electronically through the MD CRIS and cover all transaction including those reported on all 48 hour campaign finance statements. 

Period 2- 10/8/2012- 10/21/2012

  • During this period, persons covered under SB 1 are required to file a statement (see attached) within 48 hour of receiving aggregate contributions of $10,000 or more from a single contributor or making aggregate expenditures or incurring obligations of $10,000 or more. 
  • Pre-General Report due on 10/26/2012 (covering all transactions during this period).  The campaign finance report shall be filed electronically through MD CRIS and cover all transactions including those reported on all 48 hour campaign finance statements. 

Period 3- 10/22/2012-11/9/2012

  • During this period, persons covered under SB 1 are required to file a statement (see attached) within 48 hour of receiving aggregate contributions of $5,000 or more from a single contributor or making aggregate expenditures or incurring obligations of $5,000 or more. 
  • Post-General Report due on 11/27/2012 (covering all transactions during this period and up to 11/20/2012).  The campaign finance report shall be filed electronically through MD CRIS and cover all transactions including those reported on all 48 hour campaign finance statements.

When to File a 48 Hour Campaign Finance Statement

Contributions - The contributor's aggregate balance is reset to zero for purposes of determining whether the 48 hour reporting threshold has been met after each campaign finance report is filed or the contributor was reported on a campaign finance statement. For example:

  1. 8/17/2012 - Contributor X gives $9,000 to Ballot Issue Committee.
  2. 8/20/2012 - Contributor X gives $5,000 to Ballot Issue Committee
  3. 8/22/2012 - Ballot Issue Committee files 48 Hour Campaign Finance Statement with SBE reporting Contributor X and aggregate to date of $14,000.
  4. 9/5/2012 - Contributor X gives $6,000 to Ballot Issue Committee (the aggregate for determining whether the 48 hour report is due does not include the prior $14,000 since those contributions were already reported - therefore no 48 hour report is due)
  5. 10/12/2012 - Ballot Issue Committee files the Ballot Issue Campaign Finance Report. The Ballot Issue Committee reports each contribution by Contributor X and the aggregate of 20,000.

Expenditures - The person's aggregate expenditure balance is reset to zero for purposes of determining whether the 48 hour reporting threshold has been met after each campaign finance report or campaign finance statement is filed. For example:

  1. 8/17/2012 - Person spends $7,000 to support SB 1 ballot question.
  2. 8/20/2012 - Person spends another $7,000 to support SB 1 ballot question.
  3. 8/22/2012 - Person files 48 Hour Campaign Finance Statement with SBE reporting aggregate expenditures of $14,000.
  4. 9/5/2012 - Person spends $8,000 to support SB 1 ballot question (the aggregate for determining whether the 48 hour report is due does not include the prior $14,000 since those expenditures were already reported - therefore no 48 hour report is due)
  5. 10/12/2012 -Person files the Ballot Issue Campaign Finance Report. The person reports each expenditure.

The closing date for the campaign finance statement is 11:59pm of the day in which the reporting requirement is triggered. A campaign finance statement must be filed for every contributor. However, the person may total all expenditures made and obligations incurred for the day and submit only one campaign finance statement. For example, a ballot issue committee expends $9,500, $1,000 and $12,000 in one day. The ballot issue committee is not required to submit a campaign finance statement after the disbursement of the $1,000 and then another after the $12,000. The ballot issue committee may wait until the end of the day, total all expenditures and then submit the campaign finance statement showing $22,500 in aggregate expenditures.

Late Fees/ Penalties

There is a late filing fee for each Campaign Finance Report that is not filed on or before the due date. The fee is $20 per day for the first 6 days that a pre-election report is overdue and $10 per day thereafter. If the report is a post-election report the fee is $10 for each day the report is late. The maximum fee chargeable is $250.

Any Campaign Finance Statement filed late will be subject to a penalty of the greater of $1,000 per day or part of a day the statement was late or 10% of the amount of the contributions or expenditures that were not reported timely.

Delivery Method

Campaign Finance Reports

Using any Internet browser, log in at www.campaignfinance.maryland.gov (MD CRIS). The filer can file the campaign finance report up to 11:59pm on the filing deadline. An email will be sent to the filer verifying the submission of the report.

48 Hour Campaign Finance Statements

The Campaign Finance Statement (PDF) must be submitted on or before midnight of the due date which is 48 hours after the closing date of the campaign finance statement. The Campaign Finance Statement shall be emailed to CCF@elections.state.md.us.

Forms

48 Hour Campaign Finance Statements

The Campaign Finance Statement (PDF) must be submitted on or before midnight of the due date which is 48 hours after the closing date of the campaign finance statement. The Campaign Finance Statement shall be emailed to CCF@elections.state.md.us.

Registered Committess/Persons and Statements

Name of Committe Type of Committee Name of Treasurer Support/Oppose Statements
For Maryland Jobs and Schools Ballot Issue Committee Timothy T. O'Brien Support 8/21/2012
8/22/2012
8/24/2012
8/29/2012
9/6/2012
9/7/2012
9/13/2012
9/14/2012
9/18/2012
9/21/2012 - 1st Filing
9/21/2012 - 2nd Filing
9/26/2012
9/28/2012 - 1st Filing
9/28/2012 - 2nd Filing
10/4/2012
10/9/2012
10/11/2012
10/12/2012
10/15/2012
10/17/2012
10/18/2012
10/22/2012
10/24/2012
10/26/2012
10/29/2012 - 1st Filing
10/29/2012 - 2nd Filing
11/5/2012
11/7/2012
11/9/2012
Get the Facts - Vote No on 7 Ballot Issue Committee Brian McQuade Oppose 8/31/2012
9/12/2012
9/13/2012
9/21/2012
9/26/2012
9/28/2012
10/3/2012 - 1st Filing
10/3/2012 - 2nd Filing
10/9/2012
10/12/2012 - 1st Filing
10/12/2012 - 2nd Filing
10/15/2012
10/19/2012
10/22/2012
10/24/2012
10/26/2012
10/29/2012
11/2/2012
11/5/2012 - 1st Filing
11/5/2012 - 2nd Filing
Penn National Gaming, Inc. Independent Expenditure Committee Eric Schippers Oppose 8/31/2012
Maryland First NOW - Vote Yes On 7, Inc. Ballot Issue Committee M. H. Jim Estepp Support 10/15/2012
10/17/2012
10/26/2012
10/29/2012
11/1/2012
11/5/2012
11/13/2012
Forward Maryland Ballot Issue Committee Isaac Salazar Support 10/31/2012
11/2/2012
Unite Here Internation Independent Expenditure Committee John Dana Wise Support 11/1/2012
Republican Leaders Referendum Guide Ballot Issue Committee Michelle Corkadel Support 11/2/2012

Questions

Please direct questions to Jared DeMarinis - Jared.DeMarinis@Maryland.gov or Ross Goldstein and Ross Goldstein. They can also be reached at 410.269.2840.