Md. Code Regs. 33.13.10.04

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

Section 33.13.10.04 - Coordinated Expenditures

A. Prohibited. A person or entity subject to Election Law Article, §§ 13-306, 13-307, and 13-309.1, Annotated Code of Maryland, may not, with respect to any disbursement, whether actual, planned, or promised, coordinate with:

(1) A candidate;

(2) A campaign finance entity of a candidate, political party or ballot issue; or

(3) An agent of a candidate, political party, or a ballot issue committee.

B. Coordinated Actions. A disbursement or a promise to make a disbursement by a person or entity subject to Election Law Article, §§ 13-306, 13-307, and 13-309.1, Annotated Code of Maryland, shall be deemed a coordinated expenditure if the disbursement:

(1) Is made at the request, direction, or suggestion of the candidate or agent of the candidate, political party, or ballot issue committee;

(2) Uses campaign material, strategies, or other campaign information that is not generally available to the public and was shared by a candidate or an agent of the candidate, political party, or ballot issue committee including information relating to:

(a) Messaging or content of an advertisement;

(b) Polling data;

(c) Research on a candidate or issue;

(d) Allocation of campaign resources;

(e) Targeted or intended audience; or

(f) Media plans for making a public communication, for example the specific media outlet to be used, the timing, frequency, or schedule for making the communication, and similar information;

(3) Republishes nonincidental portions of campaign material prepared by the candidate, ballot issue committee, or political party;

(4) Is made after details of the disbursement are privately discussed or disclosed with the candidate or agents of the candidate, political party, or ballot issue committee; or

(5) Involves any agreement between the person or entity and the candidate, political party or ballot issue committee regarding payment of expenses or receipt of contributions, including designs or schemes to evade Election Law disclosure requirements or contribution limits.

C. Use of a Vendor.

(1) A person or entity subject to Election Law Article, §§ 13-306, 13-307, and 13-309.1, Annotated Code of Maryland, is presumed to have made a coordinated expenditure if the during the 18-month period preceding the disbursement, the person has retained the professional services of a vendor, an advisor, or a consultant that has provided professional services to the candidate or political party that is the beneficiary of the disbursement unless the entity employing the vendor, advisor, or consultant has established a firewall.

(2) A firewall shall be set up to prevent individual employees of the vendor, consultant, or advisor from working on both accounts within the 18-month period.

Md. Code Regs. 33.13.10.04

Regulation .04 adopted effective 44:6 Md. R. 328, eff. 3/27/2017; amended effective 50:10 Md. R. 407, eff. 5/29/2023