A. 
Each candidate shall appoint one treasurer and shall file the name and address of the treasurer, together with the treasurer's acceptance of the appointment in writing, on a form provided by, and returned to, the City Clerk prior to the filing deadline for candidacy set forth in § 8-7 of this chapter.
B. 
In the event of the resignation of an appointed treasurer, the candidate must immediately inform the Board and shall, within 72 hours, appoint a new treasurer and so inform the Board in writing.
C. 
A candidate may serve as treasurer so long as the candidate has not received total contributions of more than $1,000, excluding contributions to a candidate's campaign if made by a candidate or the candidate's spouse or domestic partner.
D. 
In the event the contributions exceed the amount in Subsection C of this section, the candidate must, within two days, report such to the City Clerk, appoint a treasurer, and file the appropriate form(s).
E. 
The Board or the Clerk shall promptly send a written notice to any candidate who is required to appoint a treasurer but who fails to do so. Such notice shall also be posted on the City's website and on the City's bulletin board.
A. 
All campaign assets shall be delivered to, and maintained by, a candidate's treasurer.
B. 
No campaign assets may be disbursed or disposed of by any person other than the treasurer.
C. 
Treasurers are responsible for timely filing reports as required by this chapter.
D. 
The duties of a treasurer may not be transferred or delegated to another person, except that a candidate may simultaneously be a candidate and serve as treasurer pursuant to § 8-26C of this article.
A. 
The treasurer for each candidate for the office of Council or Mayor, or the candidate serving as their own treasurer, shall file reports in accordance with this article.
B. 
The City Clerk shall make all reports and/or affidavits filed pursuant to this article available for examination by any member of the public.
C. 
Any report filed with the City as required by this chapter shall also be filed with the State Board of Elections as required by state law, including pursuant to Maryland Code, § 4-108.2 of the Local Government Article, which may be amended from time to time.
D. 
A candidate shall not be seated and sworn as an elected official and shall not receive a salary until all reports required by this chapter are filed in substantial compliance with the requirements of this chapter as well as all reports required by the City's Ethics Ordinance.[1]
[1]
Editor's Note: See Ch. 10, Ethics, Code of.
A. 
Reports required by this article shall be filed pursuant to the following schedule:
(1) 
Initial report. An initial report shall be filed on the 21st day preceding election day.
(2) 
Second report. A second report shall be filed on the seventh day preceding election day.
(3) 
Third report. A third report shall be filed on the 45th day following election day. If the campaign no longer has a cash balance, unpaid bill(s), or deficits, an end of campaign certification may also be filed. Retention or disposition of unspent campaign funds must be dealt with per § 8-34F.
[Added 9-19-2022 by Ord. No. 2022-04[1]]
[1]
Editor's Note: This ordinance also redesignated Subsection A(3) and (4) as Subsection A(4) and (5), respectively.
(4) 
Annual reports. An annual report shall be filed on or before the first Tuesday in September of each year until the cash balance, unpaid bill(s), or deficit is eliminated and a final report, reflecting the disposition of funds and end of campaign certification, is filed with the City Clerk's office. This annual report shall encompass all contributions received and expenses made since the most recent prior report.
[Amended 9-19-2022 by Ord. No. 2022-04]
(5) 
Corrected reports. Corrected reports shall be filed in the time frame established in § 8-29B of this article.
B. 
Reports must be filed with the office of the City Clerk by 1:00 p.m. on the day they are due.
C. 
The City Clerk shall promptly send a written notice to any candidate and the candidate's treasurer who fails to timely file a campaign finance report. Such notice shall also be posted on the City's website and on the City's bulletin board.
A. 
All reports shall be made on forms or in a format provided by the City Clerk and approved by the City Attorney.
B. 
Each report shall include the information set forth in Subsection C of this section that occurred during the following time frames:
(1) 
The initial report shall include information from the preceding election, or the most-recent annual report, if applicable, up to and including the full day before the filing of the initial report.
(2) 
All other reports shall include information starting from the full day that the previous report was filed up to and including the full day before the filing of the current report.
C. 
Each report filed shall include:
(1) 
The total and individual amounts of all contributions the candidate or candidate's treasurer received;
(2) 
The total and individual amounts of all expenditures which the candidate or candidate's treasurer, or any person acting on their behalf, made;
(3) 
Receipts and/or other documentation for all expenditures reported, which shall include dates, amounts, and information to identify each contributor and recipient of funds;
(4) 
The total and individual amounts of all loans the candidate or candidate's treasurer received;
(5) 
Documentation indicating the nature, terms, and status of each loan; and
(6) 
Any balance from the prior reporting period.
D. 
Notwithstanding any other provision in this article, a report need not itemize the campaign contributions made by the candidate or the candidate's spouse or domestic partner but may aggregate these contributions under one line or total.
E. 
Unless otherwise provided by the Board, all reports shall be executed under the penalties of perjury by the treasurer of the candidate or by the candidate if the candidate is not required to have a treasurer.
A. 
Responsibility to ensure accurate reporting. The Board is responsible for ensuring that all forms and campaign finance reports are in substantial compliance with this chapter.
B. 
Notification and correction of deficient reporting.
(1) 
If the Board or its designee discovers a reporting inaccuracy or other deficiency in a report filed pursuant to this article, it shall notify, in writing, the candidate and the treasurer of the candidate, if any, and a corrected report shall be filed by the treasurer within:
(a) 
Forty-eight hours after the City Clerk sends notice if the report to be corrected was filed pursuant to § 8-29A(1) or (2) of this chapter; or
(b) 
Seven days after the City Clerk sends notice if the report to be corrected is an annual report required to be filed pursuant to § 8-29A(3) of this chapter.
(2) 
Failure to file a corrected report within applicable time established by this subsection shall render the report overdue and may result in penalties pursuant to Article IX of this chapter.
(3) 
Notwithstanding any other provision of this Subsection, if the inaccuracy or deficiency in a report is de minimis or other good cause is shown, the Board may, with or without a hearing, waive the inaccuracy or deficiency and the requirement to file a corrected report.
C. 
Financial advisors.
(1) 
The Board may appoint one or more individuals with some expertise in reading financial statements to aid the Board in reviewing reports filed pursuant to this article.
(2) 
The Board may direct financial advisor(s) to:
(a) 
Promptly review all reports filed pursuant to this article;
(b) 
Notify the candidate, treasurer, and/or Board of any irregularities, discrepancies, or errors the reports;
(c) 
Recommend actions to the Board, if any.
If contributions received by a candidate exceed a total of $1,000, all campaign funds must be deposited into one account opened with a financial institution and such funds shall not be commingled with any other funds or accounts.
A. 
Maximum contribution. No candidate or treasurer may accept from a single person, and no person may give or promise to any single candidate, contributions that total over $500 per election.
B. 
Candidate and spouse or domestic partner contributions and loans.
(1) 
The contributions or loans of a candidate or the candidate's spouse or domestic partner to the candidate's own campaign shall not be subject to, or included in, the dollar limitations set forth in this section.
(2) 
Any contributions or loans made by a candidate or candidate's spouse or domestic partner to the candidate's own campaign shall pass through the candidate's campaign account, if any, and be reported; however, they need not be itemized and can be aggregated under one line or total.
C. 
Contributions from prohibited persons. No candidate shall knowingly accept or solicit a contribution from:
(1) 
An anonymous contributor;
(2) 
A corporation, including labor unions and political committees;
(3) 
A person making a contribution in the name of another; or
(4) 
A foreign national, which includes:
(a) 
A person outside of the United States who is not a citizen of the United States;
(b) 
An individual within the United States who is not a citizen of the United States and who is not lawfully admitted for permanent residence;
(c) 
A government of a foreign country;
(d) 
A political party of a foreign country;
(e) 
Any partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country; or
(f) 
Any other foreign person that is prohibited from making contributions by federal law, including 52 U.S.C. § 30121 and 11 CFR 110.20, which may be amended from time to time.
D. 
If any candidate or treasurer receives a contribution prohibited by this section, that candidate shall either return the contribution to the contributor promptly or shall forfeit that contribution to the City promptly, which forfeiture may be used for any public purpose.
E. 
Campaign loans.
(1) 
Except as set forth in Subsection B of this section, the total amount of all loans to a candidate for any election shall not exceed $5,000, and no one person or entity may loan a candidate more than $1,000.
(2) 
A loan to a candidate is considered a contribution unless:
(a) 
The loan is from a financial institution or other entity in the business of making loans; or
(b) 
The loan is to the candidate and repayment is personally guaranteed by the candidate and is due within one year of the date of the loan.
(3) 
If the amount of interest actually charged on a loan to a candidate is less than the prime rate on the day the loan is made, the difference between the actual interest charged and that prime rate shall constitute a contribution.
(4) 
All campaign loans shall be documented on campaign finance reports in a format provided by the City Clerk and approved by the City Attorney.
A. 
Personal use of campaign funds prohibited.
(1) 
No candidate may use campaign funds for any personal use, which is an obligation or expense of any person that would exist irrespective of the campaign of a candidate.
(2) 
Personal use includes, but is not limited to:
(a) 
Household food items or supplies;
(b) 
Clothing, other than items of de minimis value that are used in the campaign (examples of de minimis campaign clothing include, but are not limited to, campaign logo "T-shirts" and caps with campaign slogans);
(c) 
Mortgage or rent payments for the personal residence or property of a candidate or the candidate's family;
(d) 
Vacations;
(e) 
Tickets or admission to entertainment, such as a concert or theater performance; and
(f) 
Salary payments to a member of the candidate's family.
B. 
Campaign funds may not be utilized in any election other than one held by the City.
C. 
Cash withdrawals are prohibited.
D. 
Campaign funds shall not be used to pay a fine for a violation of this chapter.
E. 
No person other than a candidate, treasurer, or other agent with specific written authorization by the candidate shall make an expenditure from any campaign account.
F. 
Retention and disposition of surplus funds.
(1) 
After an election, surplus funds may be retained and may be used by the candidate in any election to support the candidate's election or reelection to any City office. The candidate and the candidate's treasurer shall meet all applicable requirements of this chapter with respect to maintaining and accounting for the surplus funds, including, but not limited to, filing all annual reports.
(2) 
The candidate may also choose to dispose of surplus funds in accordance with § 8-34F(2)(a) through (d):
(a) 
Returned, pro rata, to the contributors by the treasurer;
(b) 
Paid to a charitable organization registered or exempt from registration pursuant to Maryland Code, Title 6 of the Business Regulation Article, which may be amended from time to time;
(c) 
Paid to a local board of education or to a recognized nonprofit organization providing services or funds for the benefit of pupils or teachers; and/or
(d) 
Paid to any public or private institution of higher education in the state for scholarship or loan purposes.
(3) 
Except where surplus campaign funds are returned to contributors, such funds shall not be converted to personal use.
(4) 
Candidates or their treasurers shall make a record of all dispositions of surplus campaign funds.
(5) 
Within 30 days of the disposition of all of a candidate's surplus funds, or on or before the first Tuesday in September following the complete disposition of the candidate's surplus funds, whichever is earlier, the candidate or the candidate's treasurer shall file:
(a) 
An annual report as set forth in § 8-29A(3) and 8-30 of this article VII; and
(b) 
An affidavit with the City Clerk stating that the campaign accounts are closed and detailing how the funds were distributed.
(6) 
Within 30 days of paying off a campaign loan, a candidate shall cause to be filed an affidavit stating that the loan is paid in full with supporting documentation from the lender.
A. 
Notwithstanding any other provision in this chapter, the Board or its designee shall have concurrent jurisdiction to investigate any violations of this article and enforce the provisions thereof, and the Board is not required to investigate or resolve matters being addressed by the City Ethics Commission.
B. 
The City Administrator and/or the City Clerk shall monitor and make appropriate recommendations to the Board and the Ethics Commission in the event of duplicative investigations or hearings.