§ 10-327. Distribution of public contribution.

(a)

In General.

(1)

The Director shall distribute a public contribution from an election only during:

(A)

the time beginning 365 days before the primary election for the office the candidate seeks and ending 15 days after the general election; or

(B)

the time that the County Council sets by resolution for a special election.

(2)

A certified candidate may continue to collect qualifying contributions and receive a matching public contribution up to a primary or general election. Once the total public contribution payable to a certified candidate for the election cycle is reached, the certified candidate may still receive public contributions up to the maximum amount of Two Hundred Fifty Dollars ($250) per donor but the contribution will no longer be matched. All contributions shall include receipts.

(3)

For purposes of this Subsection, whether an election is contested shall be determined no later than seven (7) days after the filing deadline preceding the election. The Director shall not disburse a public contribution to a certified candidate in an election in which the candidate is the sole individual who has filed a certificate of candidacy for that office; however, a certified candidate may collect contributions during an uncontested election.

(b)

Receipts; deposits.

(1)

To receive a public contribution, a participating candidate shall submit a receipt to the State Board for each qualifying contribution.

(2)

The receipt shall identify the contributor's name, residential address, and the date of the contribution.

(3)

The Director shall deposit the appropriate public contribution into a participating candidate's citizen funded campaign account within three (3) business days after the State Board authorizes the public contribution.

(c)

Contributions of less than $1. An individual contribution of less than One Dollar ($1) may be considered under Section 10-325 of this Division but shall not be considered when calculating the public contribution under this Section.

(d)

Amount of distribution.

(1)

for a certified participating candidate for County Executive, the matching dollars shall equal:

(A)

Seven Dollars ($7) for each dollar of a qualifying contribution received for the first Twenty-Five Dollars ($25) of each qualifying contribution;

(B)

Five Dollars ($5) for each dollar of a qualifying contribution received for the next Fifty Dollars ($50) of each qualifying contribution;

(C)

One Dollar ($1) for each dollar of a qualifying contribution received for the next Seventy-Five Dollars ($75) of each qualifying contribution; and

(D)

contributions of One Hundred Fifty-One Dollars ($151) to Two Hundred Fifty Dollars ($250) shall not be matched.

(2)

for a certified candidate for County Council, the matching dollars shall equal:

(A)

Seven Dollars ($7) for each dollar of a qualifying contribution received for the first Twenty-Five Dollars ($25) of each qualifying contribution;

(B)

Five Dollars ($5) for each dollar of a qualifying contribution received for the next Fifty Dollars ($50) of each qualifying contribution;

(C)

One Dollar ($1) for each dollar of a qualifying contribution received for the next Seventy-Five Dollars ($75) of each qualifying contribution; and

(D)

Contributions of One Hundred Fifty-One Dollars ($151) to Two Hundred Fifty Dollars ($250) shall not be matched.

(3)

The total public contribution payable to a certified candidate for the election cycle, including the primary or a general election, shall not exceed:

(A)

Seven Hundred Fifty Thousand Dollars ($750,000) for a candidate for County Executive;

(B)

Two Hundred Thousand Dollars ($200,000) for a candidate for At-Large Council Member; and

(C)

Seventy-Five Thousand Dollars ($75,000) for a candidate for District Council Member.

(e)

The Director shall not distribute a public contribution based on:

(1)

a contribution from the candidate, the candidate's spouse, adult sibling or parent; or

(2)

an in-kind contribution of property, goods, or services.

(f)

Fund insufficiency. On or before July 1st of the year preceding the primary election, the Director shall determine if the amount in the Fund is sufficient to meet the maximum public contributions reasonably expected to be required during the next election cycle. If the Director determines that the total amount available for distribution in the Fund is insufficient to meet the allocations required by this Section, the Director shall reduce each public contribution by the same percentage.

(g)

Disbursements after primary election. Within three (3) business days after the County Board certifies the results of the primary election, the State Board shall authorize the Director to continue to disburse the appropriate public contribution for the general election to each participating candidate who is certified to be on the ballot for the general election.

(h)

Return of unspent funds. Within thirty (30) days after the County Board certifies the results of the primary election, a participating candidate who is not certified to be on the ballot for the general election shall return to the Fund any unspent money in the candidate's citizen funded campaign account. On or before December 31, after the general election, a participating candidate shall return to the Fund any unspent money in the candidate's citizen funded campaign account.

(i)

Candidates nominated by petition or by non-principal political parties.

(1)

"Principal Political Parties" has the meaning stated in the Annotated Code of Maryland, Elections Law Article, Section 1-101.

(2)

A certified candidate nominated by petition or by a party that is not a principal political party may receive a public contribution for the general election if the candidate's nomination is certified by the County Board.

(3)

A certified candidate under this Subsection shall qualify 45 days before the date of the general election.

(j)

Review of small donor financing by the Commission.

(1)

In general. After each regularly scheduled general election for office, the Fair Election Fund Commission shall conduct a comprehensive review of the Small Dollar financing program under this Division, including

(i)

the maximum and minimum dollar amounts of qualified small dollar contributions;

(ii)

the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a participating candidate;

(iii)

the maximum amount of payments a candidate may receive under this title;

(iv)

the overall satisfaction of participating candidates and the public with the program;

(v)

the analysis, recommendation and creation of a plan to the County governing body to reduce racial, ethnic, socio-economic and geographic disparities regarding access to public matching funds by participating candidates; and

(vi)

such other matters relating to financing of campaigns as the Fair Election Fund Commission determines are appropriate.

(2)

Criteria for review. In conducting the review under this Subsection, the Fair Election Fund Commission shall consider the following:

(i)

Qualified small dollar contributions. The Fair Election Fund Commission shall consider whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Fair Election Fund Commission determines is appropriate.

(ii)

Review of payment levels. The Fair Election Fund Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualified small dollar contributions) and payments under this Division are sufficient for voters in the County to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Fair Election Fund Commission determines is appropriate.

(3)

Recommendations for adjustments of amounts. Based on the review conducted under this Subsection, the Fair Election Fund Commission may recommend to the County Council adjustments of the following amounts:

(i)

The number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a participating candidate.

(ii)

The maximum amount of payments that may be received under this Division.

(4)

The Director shall publish these amounts not later than the January 1 after an adjustment is made.

(CB-99-2018)