Md. Code Regs. 33.13.10.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 33.13.10.02 - Prohibited Contributions

A. In General. A person may not make any contribution through use of a legal entity that was not created for a bona fide purpose unrelated to contributions. This prohibition does not apply to contributions made through a political committee registered under Election Law Article, Title 13, Annotated Code of Maryland.

B. Entity Receiving State Funds. An entity that receives over 50 percent of its funds from the State to cover its operating expenses during a single year may not make any contributions to a political committee for the rest of the election cycle in which the State funding occurred.

C. Video Lottery Operation Licensee or Applicant. Except as provided in §E of this regulation, a person may not make any contributions to a political committee organized in support of a nonfederal candidate for the rest of the election cycle once that person holds or controls at least a 5 percent interest in the property or business that is:

(1) An applicant for a video lottery operation license; or

(2) A holder of a video lottery operation license.

D. Video Lottery Operation Licensee or Applicant - Same Owners. If the person in §C of this regulation is a corporation, any wholly owned direct or indirect subsidiary or any other entity owned or controlled by persons owning at least 80 percent of the ownership interests in the corporation, at any time during the election cycle, may not make any contributions to a political committee organized in support of a non-federal candidate for the rest of the election cycle.

E. Video Lottery Operation Licensee or Applicant - Exception. If the person in §C of this regulation is an individual, the prohibition does not apply to any legal entity owned or controlled by that individual if the legal entity:

(1) Is organized for legitimate business purposes unrelated to gaming; and

(2) Does not have a direct interest or ownership in the property or business of an applicant or holder of a video lottery operation license.

F. During General Assembly Session. During a regular session of the General Assembly, except as provided under Election Law Article, § 13-236(c) and (d), Annotated Code of Maryland, a covered official or a person acting on behalf of or as an agent for the covered official may not for the benefit of any candidate or political committee set forth in §G of this regulation:

(1) Receive or take possession of a contribution;

(2) Hold or conduct a fund-raising event;

(3) Provide information or notice to the general public or a defined group of persons regarding a fund-raising event to be held after session including:

(a) Time, date, or location of the fund-raising event such as a "Save the Date" notice;

(b) Suggested contribution amounts of the fund-raising event; or

(c) Suggested fund-raising activities such as raffles, paddle wheels, or spins;

(4) Directly or indirectly solicit a contribution by any means, including:

(a) Posting an invitation or save-the-date notice for a fundraising event on a social media account; or

(b) Forwarding tickets to a fund-raising event or emails soliciting a future contribution to potential contributors;

(5) Have an active contribution or solicitation link or page on the Internet; or

(6) Deposit or use any contribution of money that was not deposited prior to the regular session of the General Assembly except as provided in §H of this regulation.

G. Benefiting Persons or Entities. A covered official may not engage in actions described in §F of this regulation for the benefit of:

(1) Any candidate for federal, State, or local office;

(2) An authorized candidate campaign committee;

(3) A slate that a candidate has joined; or

(4) The legislative party caucus committee with which the covered official is affiliated.

H. Permissible Activities During Legislative Session by a Covered Official. During a regular legislative session of the General Assembly, a covered official or a person acting on behalf of or as an agent for the covered official may:

(1) Receive a loan and deposit its proceeds subject to the requirements of Election Law Article, § 13-230, Annotated Code of Maryland;

(2) Make limited expenditures for a fund-raising event not held during a regular session for the purposes of securing a location and food or printing invitations;

(3) Solicit contributions or donations for:

(a) An out-of-State nonfederal candidate and any authorized entity established to elect out-of-State nonfederal candidates;

(b) A ballot issue committee organized under Election Law Article, Title 13, Annotated Code of Maryland; or

(c) A charitable organization; and

(4) Hold a contribution that was received and reported but not deposited prior to the start of the legislative session or return within 30 business days of start of the legislative session the contribution that was received and reported but not deposited prior to the start of the legislative session to the contributor.

I. Anonymous Contributions Prohibited.

(1) A political committee may not receive or use a contribution from an anonymous source.

(2) A contribution is considered anonymous if the political committee does not know the identity and address of the contributor.

J. Money Order Contributions.

(1) For the purposes of receiving a contribution, a money order contribution is considered as a cash contribution.

(2) In an election cycle, a person may not make one or more money order contribution transactions in excess of $100 to a political committee.

K. Lump Sum Contributions.

(1) A political committee of a candidate may not:

(a) Report more than a cumulative amount of $25,000 in lump sum contributions during an election cycle;

(b) Report more than a cumulative amount of $25,000 in lump sum contributions collected in a manner pursuant to Election Law Article, § 13-241 or 13-242, Annotated Code of Maryland;

(c) Report a lump sum contribution of more than:

(i) $1,500 in a 24-hour period from a spin or chance; or

(ii) $2,500 in an election cycle from spins or chances; or

(d) Sell:

(i) A spin or chance for more than $2; or

(ii) A raffle ticket for more than $5 per ticket.

(2) If a political committee raises contributions from a spin, chance, or raffle in excess of the reporting and solicitation limits for a lump sum contribution received the political committee shall:

(a) Donate the excess to a charity of its choice; or

(b) Identify in its account book the amount received from each individual who purchased a spin or chance.

L. Slate Committee. Except as provided in §M of this regulation, a person may not make a contribution to a slate committee if the equally proportioned contribution among the candidate members of the slate would exceed the aggregate contribution limit of the person to a single candidate member of the slate when aggregated with contributions made by the person to the authorized candidate campaign committee of the candidate.

M. Earmarked Contributions. A person may designate or earmark a contribution to a slate for the exclusive use or benefit of individual candidate members if:

(1) The designation or earmark is in writing from the person making the contribution;

(2) The aggregate contribution limit of the person to the designated or earmarked candidates does not exceed the contribution limits; and

(3) The slate committee maintains a copy of the earmark document as a part of its account book records.

Md. Code Regs. 33.13.10.02

Regulation .02 amended effective August 19, 2013 (40:16 Md. R. 1347)
Regulation .02 amended effective 42:11 Md. R. 727, eff.6/8/2015; amended effective 43:4 Md. R. 336, eff.2/29/2016; amended effective 44:6 Md. R. 328, eff. 3/27/2017; amended effective 46:9 Md. R. 445, eff. 5/6/2019