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Disclosure of Contributions - Election Law Articles

This page shows citations of Election Law articles relevant to Disclosure of Contributions.

Title 14 - Disclosure by Person Doing Public Business

§ 14-101.

  1. In general.- In this title the following words have the meanings indicated.
  2. "Applicable contribution" means a contribution to a candidate, or a series of such contributions, in a cumulative amount in excess of $500.
  3. "Business entity" includes a firm, corporation, trust, unincorporated association, or other organization, whether or not conducted for profit.
  4. "Candidate" includes an incumbent office holder.
  5. "Contract" includes a sale, purchase, lease, or other agreement.
    1. Subject to paragraph (2) of this subsection, "contribution" has the meaning stated in § 1-101 of this article.
    2. "Contribution" does not include:
      1. a bona fide gift by a spouse or relative within the third degree of consanguinity; or
      2. an honorary membership in a social, service, or fraternal organization presented as a courtesy by the organization.
    1. "Doing public business" means making, during any 12-month period, one or more contracts with one or more governmental entities involving cumulative consideration of at least $100,000.
    2. "Doing public business" does not include receiving a salary from a governmental entity.
  6. "Governmental entity" means:
    1. the State, a county, a municipal corporation, or other political subdivision of the State; and
    2. a unit of the State, a county, a municipal corporation, or other political subdivision of the State.
      1. "Make a contribution" includes to cause a contribution to be made.

§ 14-102..

For purposes of this title, words and phrases defined under § 1-101 of this article shall be deemed, as the case may be, to include or apply to an individual who seeks or holds elective office in a municipal corporation and a campaign fundraising entity for that individual.

§ 14-103.

A contribution to a campaign finance entity of a candidate shall be deemed to be a contribution to the candidate for the purposes of this title.

§ 14-104.

  1. A person doing public business shall file a statement with the State Board as provided in this section.
    1. When a contract is made that causes a person to be doing public business, an initial statement shall be filed:
      1. at that time, covering the preceding 24 months, if the person has made an applicable contribution within that period; or
      2. if subparagraph (i) of this paragraph does not apply, but the person subsequently makes an applicable contribution during a reporting period specified in paragraph (2) of this subsection, as required by that paragraph.
      1. A person shall file a semi-annual statement in accordance with this paragraph for each reporting period specified in subparagraph (ii) of this paragraph in which the person has made an applicable contribution if:
        1. performance remains uncompleted on any contract that caused the person to be doing public business; or
        2. the person is doing public business.
        1. The statements required by subparagraph (i) of this paragraph shall cover 6-month reporting periods ending on January 31 and July 31.
        2. A statement required by subparagraph (i) of this paragraph shall be filed within 5 days after the end of the applicable reporting period.
    1. The statement required by this section shall be made under oath and shall contain:
      1. the name of each candidate to whom an applicable contribution was made during the reporting period and, if not previously reported, during the preceding reporting period;
      2. the office sought by each candidate named in item (i) of this paragraph;
      3. the amount of aggregate contributions made to each candidate named in item (i) of this paragraph;
      4. the name of each unit of a governmental entity with which the person did public business during the reporting period;
      5. the nature and amount of public business done with each unit of a governmental entity; and
      6. if the public business was done or the contribution was made by another person but is attributed to the person filing the statement, the name of the person who did the public business or made the contribution and the relationship of that person to the person filing the statement.
    2. The information required by paragraph (1) (iv) and (v) of this subsection may be omitted on the written approval of the Attorney General if the Attorney General finds that:
      1. requiring the information would be unduly burdensome;
      2. the public interest would not be impaired substantially by the omission of this information; and
      3. the person filing the statement stipulates that the person has done public business during the reporting period.
    1. The State Board shall retain each statement filed under this title as a public record for at least 2 years after its receipt and shall make the statement available for public examination and copying during normal office hours.
    2. The State Board may establish reasonable fees and administrative procedures governing public examination and copying of the statements filed under this section.
  2. The State Board shall prescribe and make available forms for the statements required by this section.

§ 14-105.

  1. Except as provided in subsection (f) of this section, an applicable contribution made by an officer, director, or partner of a business entity doing public business shall be attributed to the business entity.
  2. Except as provided in subsection (f) of this section, each officer, director, or partner of a business entity doing public business who makes an applicable contribution shall report the applicable contribution to the chief executive officer of the business entity.
  3. A contribution by an officer, director, partner, employee, agent, or other person made at the suggestion or direction of a business entity doing public business shall be attributed to the business entity.
  4. Each officer, director, partner, employee, agent, or other person who, at the suggestion or direction of a business entity doing public business, makes an applicable contribution shall report the applicable contribution to the chief executive officer of the business entity.
    1. Business done with a governmental entity by a subsidiary of a business entity shall be attributed to the business entity if 30% or more of the equity of the subsidiary is owned or controlled by the business entity.
    2. Applicable contributions made by or attributed to a subsidiary described in paragraph (1) of this subsection shall be attributed to the business entity.
    1. Subject to paragraph (2) of this subsection, an applicable contribution made by an individual who serves as a trustee or member of the board of directors of a not-for-profit organization doing public business is not attributable to the organization, and the individual is not required to report the applicable contribution to the chief executive officer of the organization.
    2. This subsection does not apply if:
      1. the applicable contribution is made on the recommendation of the not-for-profit organization; or
      2. the individual described in paragraph (1) of this subsection is paid by the not-for-profit organization.

§ 14-106.

If a contract involves consideration to be paid over multiple reporting periods, the total ascertainable consideration to be paid under the contract shall be attributable to the date when the contract is made.

§ 14-107.

  1. A person who knowingly and willfully violates this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
  2. An officer or partner of a business entity who knowingly authorizes or participates in a violation of this title by the business entity is subject to the penalty provided in subsection (a) of this section.

§ 14-108.

This title shall be liberally construed to require full disclosure.

State Government Article

§ 15-715.

    1. In this section the following words have the meanings indicated.
    2. "Applicable contribution" means a contribution or series of contributions made to or for the benefit of an applicable recipient in a cumulative amount of more than $500. A contribution made to a political committee for an applicable recipient is deemed a contribution to the applicable recipient.
    3. "Applicable recipient" means a candidate for, or an official holding, any of the following offices:
      1. Governor;
      2. Lieutenant Governor;
      3. Attorney General;
      4. Comptroller; or
      5. member of the General Assembly.
  1. Subject to subsection (h) of this section, a person shall file a statement in accordance with this section if at any time during the reporting period the person:
    1. spent at least $500 to provide compensation to one or more regulated lobbyists; and
    2. made or caused to be made an applicable contribution.
  2. Filing with State Board of Elections.- A statement required by this section shall be filed with the State Board of Elections.
  3. Reporting period.-
    1. The reporting period is the 6-month period ending on either January 31 or July 31.
    2. The statement shall be filed within 5 days after the end of the reporting period.
  4. The statement required by this section shall be made under oath and shall contain:
    1. the name of each applicable recipient to whom an applicable contribution was made or caused to be made during the reporting period and, if not previously reported, during the preceding reporting period;
    2. the office held or sought by each applicable recipient named in item (1) of this paragraph;
    3. the aggregate contributions made to each applicable recipient;
    4. the name of each regulated lobbyist employed or retained by the person filing the statement; and
    5. if a contribution was made by another person but is attributed to the person filing the statement, the name of the person who made the contribution and the relationship of that person to the person filing the statement.
  5. If the person filing the statement is a business entity:
      1. an applicable contribution made by an officer, director, or partner of the business entity shall be attributed to the business entity; or
      2. a contribution, regardless of amount, if made at the suggestion or direction of the business entity, by an officer, director, partner, employee, agent, or other person, shall be attributed to the business entity;
    1. each officer, director, or partner of the business entity who makes or causes to be made an applicable contribution shall report the contribution to the chief executive officer of the business entity;
    2. each officer, director, partner, employee, agent, or other person who makes or causes to be made a contribution, regardless of amount, at the suggestion or direction of the business entity shall report the contribution to the chief executive officer of the business entity;
    3. applicable contributions made by, or caused to be made by, a subsidiary, 30% or more of the equity of which the business entity owns or controls, shall be attributed to the business entity; and
    4. if a subsidiary described in item (4) of this subsection made an expenditure to provide compensation to one or more regulated lobbyists, the expenditure shall be attributed to the business entity.
    1. Notwithstanding the requirements of subsection (f) of this section, a contribution made by an individual who serves as a trustee or member of the board of directors or as an officer of a not for profit organization is not attributable to the organization and the individual is not required to report the contribution to the chief executive officer of the organization, unless:
      1. the contribution is made on the recommendation of the not for profit organization; or
      2. the individual who made the contribution is paid by the not for profit organization.
    2. The State Board of Elections shall adopt regulations that define "officer" for the purposes of this subsection.
  6. A person who files, under the provisions of Title 14 of the Election Law Article, all information required by this section may satisfy the requirements of this section by submitting a notice to that effect on the appropriate prescribed form.
    1. The State Board of Elections shall:
      1. prescribe and make available forms for the statement and notice required by this section;
      2. retain each statement filed under this section in the same manner, and subject to the same standards of public access, as a statement filed under the provisions of Title 14 of the Election Law Article; and
      3. report any violation of this section to the Ethics Commission.
  7. The statement required under this section shall be filed in the manner prescribed for statements filed under Title 14 of the Election Law Article.
    1. A person who knowingly and willfully fails to comply with the requirements of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
    2. If a person in violation of this section is a business entity, each officer and partner of a business entity who knowingly authorized or participated in the violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

COMAR 33.01.01.02

.02 Definition of Officer.

For purposes of State Government Article, §15-715(g), Annotated Code of Maryland, which provides that contributions by an officer of a not-for-profit organization are not attributable to the organization and the officer is not required to report contributions to the chief executive officer of the organization except in certain circumstances, the term "officer":

  1. Includes the organization's president or chairman, vice-president or vice-chairman, secretary, treasurer, executive director, and any individual exercising duties comparable to those typically exercised by an individual holding one of those titles; and
  2. Does not include an individual holding a title but not exercising substantial independent responsibility on behalf of the organization similar to the responsibility typically exercised by an individual holding one of the titles listed in §A of this regulation, except if the individual has made a contribution on the recommendation of the organization.