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.
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.
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.
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).
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
Receipts and/or other documentation for all expenditures reported,
which shall include dates, amounts, and information to identify each
contributor and recipient of funds;
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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);
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.
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.
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;
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:
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.
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.
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.