2013 Maryland Code
ELECTION LAW
§ 13-307 - Electioneering communication report

§13-307.

(a) (1) In this section the following words have the meanings indicated.

(2) “Donation” means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a person that is made for the purpose of furthering electioneering communications.

(3) (i) “Electioneering communication” means a broadcast, cable, or satellite communication that:

1. refers to a clearly identified candidate or ballot issue;

2. is made within 60 days of an election day on which the candidate or ballot issue is on the ballot;

3. is capable of being received by 50,000 or more individuals in the constituency where the candidate or ballot issue is on the ballot; and

4. is not made in coordination with, or at the request or suggestion of, a candidate, a campaign finance entity of a candidate, an agent of a candidate, or a ballot issue committee.

(ii) “Electioneering communication” does not include:

1. an independent expenditure;

2. a news story, a commentary, or an editorial disseminated by a broadcasting station, including a cable television operator, programmer, or producer, or satellite television or radio provider that is not controlled by a candidate or political party;

3. a candidate debate or forum; or

4. a communication that proposes a commercial transaction.

(iii) For purposes of this paragraph, “clearly identified” means:

1. the name of a candidate appears;

2. a photograph or drawing of a candidate appears; or

3. the identity of a candidate or ballot issue is apparent by unambiguous reference.

(4) (i) “Person” includes an individual, a partnership, a committee, an association, a corporation, a labor organization, or any other organization or group of persons.

(ii) “Person” does not include a campaign finance entity organized under Subtitle 2, Part II of this title.

(b) After a person makes aggregate disbursements of $10,000 or more in an election cycle for electioneering communications, the person shall file an electioneering communication report as required in this section.

(c) (1) If the electioneering communications relate to a candidate, the person shall file an electioneering communication report with the State Board on the next date a campaign finance entity of a candidate is required to file a campaign finance report under § 13-309 of this subtitle.

(2) If the electioneering communications relate to a ballot issue, the person shall file an electioneering communication report with the State Board on the next date a ballot issue committee is required to file a campaign finance report under § 13-309 of this subtitle.

(3) An electioneering communication report filed under this subsection shall include the information required by subsection (e) of this section for the period from the beginning of the election cycle through the last day of the reporting period under § 13-312 of this subtitle that precedes the report filing date.

(d) (1) A person who files an electioneering communication report under subsection (c) of this section shall file an additional electioneering communication report following a date on which the person makes aggregate disbursements of $10,000 or more for electioneering communications following the closing date of the person’s previous electioneering communication report.

(2) An electioneering communication report under this subsection shall:

(i) be filed with the State Board on the date specified in subsection (c)(1) and (2) of this section; and

(ii) include the information required by subsection (e) of this section for the period from the closing date of the previous electioneering communication report through the last day of the reporting period under § 13-312 of this subtitle that precedes the report filing date.

(e) An electioneering communication report shall include the following information:

(1) the identity of the person making disbursements for electioneering communications and of any person exercising direction or control over the activities of the person making the disbursements for electioneering communications;

(2) the business address of the person making the disbursements for electioneering communications;

(3) the amount and date of each disbursement for electioneering communications during the period covered by the report and the person to whom the disbursement was made;

(4) the candidate or ballot issue to which the electioneering communications relate;

(5) the identity of each person who made cumulative donations in excess of $51 to the person making the disbursements for electioneering communications during the period covered by the report.

(f) (1) For purposes of this section, a person shall be considered to have made a disbursement for an electioneering communication if the person has executed a contract to make a disbursement for an electioneering communication.

(2) A person who makes a contribution to a campaign finance entity may not be considered to have made a disbursement for electioneering communications under this section because of the contribution.

(g) The cost of creating and disseminating electioneering communications, including any design and production costs, shall be considered in determining the aggregate amount of disbursements for electioneering communications made by a person under this section.

(h) The treasurer or other individual designated by an entity required to file an electioneering communication report under this section:

(1) shall sign each electioneering communication report; and

(2) is responsible for filing electioneering communication reports in full and accurate detail.

(i) (1) An individual is subject to the sanctions that apply to the responsible officers of a campaign finance entity under Part VII of this subtitle for failure to file properly an electioneering communication report.

(2) The failure to provide on an electioneering communication report all of the information required by this section is deemed a failure to file and renders the report overdue as provided in § 13-327(b) of this subtitle.

(j) (1) An entity required to file an electioneering communication report under this section shall do at least one of the following, unless neither are applicable to the entity:

(i) if the entity submits regular, periodic reports to its shareholders, members, or donors, include in each report in a clear and conspicuous manner, the information specified in subsection (e)(3) through (5) of this section for each disbursement for electioneering communications made during the period covered by the report that must be included in an electioneering communication report; or

(ii) if the entity maintains an Internet site, post on that Internet site a hyperlink from its homepage to the Internet site where the entity’s electioneering communication report information is publicly available.

(2) (i) An entity shall post the hyperlink required under paragraph (1)(ii) of this subsection within 24 hours of the entity’s electioneering communication report information being made publicly available on the Internet.

(ii) The hyperlink shall remain posted on the entity’s Internet site until the end of the election cycle during which the entity filed an electioneering communication report.

(k) (1) A person required to file an electioneering communication report under this section shall keep detailed and accurate records of:

(i) all disbursements for electioneering communications made by the person; and

(ii) all donations received by the person that are for the purpose of furthering electioneering communications.

(2) Records required to be kept under this subsection shall be preserved until 2 years after the end of the election cycle in which the person filed the electioneering communication report to which the records relate.

(l) The State Board may adopt regulations as necessary to implement the requirements of this section.