Corrected Copy
Bill No.
16-14
Conceming: Elections
Public
Campaign Financing
Revised: September 23.2014 DraftNo.19
Introduced:
February 4. 2014
Enacted:
September 30. 2014
Executive:
October 6. 2014
Effective:
January 15. 2015
Sunset Date:
_N!.!;o~n!.!::e
_ _ _ _ __
Ch.
Laws of Mont Co.
2014
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Andrews, Eirich, Berliner, Riemer, Council Vice President Leventhal,
Council President Rice, Councilmembers Navarro, Floreen, and Branson
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
establish a Public Election Fund to provide public campaign financing for a
candidate for a County elective office;
regulate certain campaign finance activity of a candidate for County elective office
who voluntarily accepts public campaign financing;
authorize the Maryland State Board of Elections to administer and enforce the public
campaign financing system;
provide for penalties for violations ofthe public campaign fmancing system; and
generally amend the law governing elections for County elective offices.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-17
By adding
Montgomery County Code
Chapter 16, Elections
Article IV, Public Campaign Financing
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqIJected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
Clerk's note: Corrected lines 90-91 to be consistent with Council action.
 PDF to HTML - Convert PDF files to HTML files
BILL No. 16-14
1
Sec. 1. Section 16-17
is
amended as follows:
16-17. Council vacancy - election required.
2
3
4
*'
(c)
applicable:
*'
*'
Except as otherwise provided
in
this
Section, and to the extent
5
6
(1) The special election must
be
conducted
in
a manner consistent
with provisions of
state
law
that
govern special elections to
fill
vacancies
in
the office of representative
in
Congress.
The
7
8
9
10
11
12
13
14
15
16
17
18
19
deadlines and time periods required under those provisions of
state law apply to a special Council election unless the Council,
acting under subsection (d) or subsection (e), expressly modifies
them.
(2) Except as provided
in
paragraph (1), the general provisions of
state and County law that govern quadrennial elections for
.
Councilmembers apply to the special election conducted under
this Section.
(d)
(1)
Within 30 days after a Council vacancy occurs, the Council must
adopt a resolution
that
(A)
sets the dates of the special primary election and the
special general election;
@
sets the timellne for certification of!!: candidate for public
campaign financing for the special primary election and
the special general election; and
[(B)]
©
20
21
22
23
24
25
takes
any other action authorized by this Section or
state law.
Ifa
Councilmember submits a resignation with a later effective date, the
vacancy occurs when the Council receives the resignation.
-2­
26
27
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
16-14
28
29
*
*
*
Sec. 2. Article IV of Chapter 16 is added as follows:
Article IV. Public Campaign Financing.
16-18. Definitions.
In this Article, the following terms have the meanings indicated:
30
31
32
33
34
Applicant candidate
means
~
person who is running for
~
covered office and
who is seeking to be
~
certified candidate in
~
primary or general election.
35
36
37
Board
means the Maryland State Board of Elections.
Campaign finance entity
means
~
political committee established under Title
13 of the State Election Law, as amended.
38
39
Certified candidate
means
~
candidate running for
~
covered office who is
certified as eligible for public campaign financing from the Fund.
40
Committee to Recommend Funding for the Public Election Fund
means the
Committee established in Section 16-27.
41
42
43
44
45
Consumer Price Index
means the Consumer Price Index for All Urban
Consumers: All items in Washington-Baltimore, DC-MO-VA-WV (CMSA),
as published
Qy
the United States Department of Labor, Bureau of Labor
Statistics, or
~
successor index.
46
47
48
49
Contested election
means an election in which there are more candidates for an
office than the number who can be elected to that office. Contested election
includes
~
~
~
special election held to fill
vacancy in
covered office under
Section 16-17.
50
Contribution
means the gift or transfer, or promise of gift or transfer, of money
or other thing of value to
~
campaign finance entity to promote or assist in the
promotion of the success or defeat of
~
candidate, political party, or question.
Contribution includes proceeds from the sale of tickets to
~
51
52
53
campaign fund­
-3­
,
;
 PDF to HTML - Convert PDF files to HTML files
BILL No. 16-14
54
55
raising event as definedin Section 101 of the Election Law Article of the
Maryland Code, as amended.
56
57
58
59
County Board
means the Montgomery County Board ofElections.
Covered office
means the office of County Executive or County
Councilmember.
Director
means the Director of the Departnient of Finance or the Director's
designee.
60
61
62
63
64
Distribution period
means the period of time beginning 365 days before the
primary election for the office the candidate seeks and ending 15 days after the
date of the general election. The distribution period for a special election
under Section 16-17 must be set by Council resolution.
65
66
Election cycle
means the primary and general election for the same
term
of
~
covered office.
67
68
69
Eligible contribution
means an aggregate donation in a 4-year election cycle of
$150 or less from an individual, including an individual who does not reside in
the County.
70
71
72
Fund
means the Public Election Fund.
Noncertified candidate
means
who either:
~
person who is nmnjng for
~
covered office
73
74
ill
ill
chooses not
to
~
to
be
~
certified candidate; or
applies
to
be
~
certified candidate but fails
to
qualifY.
~
75
76
77
78
79
Non-participating candidate
means
office who is either
~
person
who is running for
~
covered
noncertified candidate or·
~
certified candidate who
declines
to
accept
~
public contribution.
Participating candidate
means
~
certified candidate who
has
received
~
public
contribution from the Fund for
~
primary or general election.
-4­
 PDF to HTML - Convert PDF files to HTML files
Corrected Page
BILL
No. 16-14
80
Public contribution
means money disbursed from the Fund to
candidate.
.
Publicly
~
certified
81
82
83
funded campaign account
means
~
campaIgn [fiance account
established by a candidate for the exclusive purpose of receiving [[qualifying]]
eligible contributions and spending funds in accordance with this Article.
84
85
Qualifying contribution
means
[rn
donation]] an eligible contribution of at
least $5.00 but no more than $150.00 in support of an applicant candidate that
IS:
86
87
88
89
ill
ill
ill
made
Qy
[rn
registered voter of the County]] [[an individual]]
County resident;
~
90
91
made after the beginning of the designated qualifying period, but
no later than [[15 days before]] the respective election; and
[[obtained through efforts made with the knowledge and approval
of the applicant candidate; and
92
93
94
(1)]] acknowledged
Qy
~
receipt that identifies the contributor's name
and residential address and signed
Qy
the contributor directly or
by a digital signature using a method approved by the Board.
95
96
97
Qualifying period
means the period of time beginning [[365 days before the
primaryl1 on January 1 following the last election for the office the candidate
seeks and ending 45 days before the date of the primary election.
qualifying period for
Council resolution.
~
98
99
100
101
102
The
special election under Section 16-17 must be set
Qy
Slate
means a political committee of two or more candidates who join together
to conduct and pay for joint campaign activities.
16-19. Public Election Fund established.
103
104
105
tru
The Director must create
~
Public Election Fund.
This Fund
----
IS
106
continuing and non-lapsing.
-5­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 16-14
107
.au
The Fund consists of:
108
·109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
ill
all
funds appropriated
to
II
Qy
the County Council;
any unspent money remaining in
~
certified
candidate's publicly
funded campaign account after the candidate is no longer
candidate for
~
covered office;
~
m
ill
any public contribution plus interest returned
to
the Fund
Qy
participating candidate who withdraws from participation;
~
ill
ill
all
interest earned on money
in
the Fund; and
voluntary donations made directly to the Fund
16-20. Collecting Qualifying Contributions.
cru
Before raising any contribution governed
Qy
this Article, an applicant
candidate must:
ill
file notice of intent with the Board on or before April
12
of the
year ofthe election on
~
form prescribed
Qy
the Board; and
m
.au
establish
~
publicly funded campaign account for the candidate
for the purpose of receiving eligible contributions and spending
funds in accordance with this Article.
Other
than
~
contribution from an applicant candidate or the candidate's
spouse, an applicant candidate must not accept
[[g
qualifYing]] an
eligible contribution from an individual greater
than
$150. An awlicant
candidate must not accept a loan from anyone other than the candidate
or the candidate's §DOuse.
An
applicant candidate or the candidate's
spouse must not contribute or lend
~
combined
total
of more than $6000
each
to
the candidate's publicly funded campaign account
125
126
127
128
129
130
131
132
133
cru
[[Annua/]]
Consumer Price Index
adjustment.
The
Chief
Administrative Officer must adjust the contribution Hrnit established in
Subsection
(Q1.
effective July
-6­
L
[[2016]] 2018, and July
1
of each
 PDF to HTML - Convert PDF files to HTML files
BIll No. 16-14
134
135
136
subsequent fourth year,
Qy
the annual average increase, if any,
in
the
Consumer Price Index for the previous
;l
calendar [[year]]
years.
The
Chief Administrative Officer must calculate the adjustment to the
nearest multiple of
[~cents]]
10 dollars, and must publish the amount
ofthis adjustment not later
than
March 1 ofeach fourth year.
137
138
139
140
141
16-21. Requirements for Certification.
W
To qualify
as
~
certified candidate:
ill
~
candidate for Executive must collect
from
County residents at
142
143
144
145
146
least:
CA)
@
500 qualifYing contributions; and
an aggregate total of$40,000;
ill
!!
candidate for At-Large Councilmember must collect from
County residents
at
least:
fA)
250 qualifying contributions; and
an aggregate total of $20,000; and
147
148
@
149
150
151
152
153
154
155
156
ill
!!
candidate for District Councilmember must collect from County
residents at least:
CA)
125 qualifying contributions; and
an aggregate
total
of$10,OOO.
@
(Q)
An
applicant candidate must deposit all [[qualifying]] eligible
contributions received
into
the candidate's publicly funded campaign
account.
An
applicant candidate must deliver to the Board
~
£QPY
of
!!
receipt for each qualifying
~ntribution.
157
158
159
160
W
@
A candidate must
mmlY
to the Board for certification during the
qualifying
period.
The Executive, after consulting with the Board, must adopt regulations
under Method
1
that
specify:
-7­
 PDF to HTML - Convert PDF files to HTML files
Bill No. 16-14
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
ill
ill
ill
ill
W
how and when receipts for qualifying contributions from
contributors must be submitted to the Board;
the documents
that
must be filed with the Board for certification;
the allowable uses of money in
account; and
other policies necessary to implement this Article.
~
publicly funded campaign
16-22. Board Determination.
The Board must certify an applicant candidate
if
the Board finds that the
candidate
has
received the required number of qualifying contributions
and the required aggregate total dollars for the office no later than 10
business days after receiving:
ill
ill
.§: declaration from the candidate agreeing to follow the
regulations governing the use of.§: public contribution; [[and]]
.§: campaign finance report that includes:
(A)
.§: list ofeach qualifying contribution received;
.§: list ofeach expenditure made
Qy
the candidate during the
qualifying period; and
(g
iID
the receipt associated with each contribution and
expenditure: and
m
(Q)
a certificate ofcandidacy for a covered office.
The decision
Qy
the Board whether to certify.§: candidate is
final.
W
@
A
candidate may submit only one application for certification for any
election.
If
the Board certifies .§: candidate. the Board must authorize the Director
to disburse .§: public contribution to the candidate's publicly funded
campaign account
16-23. Distribution
of Pub6c
Contribution.
-8­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 16-14
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
W
The Director must distribute
~
public contribution from the Fund
to
each
certified candidate in
~
contested election only during the distribution
period as follows:
ill
for
~
certified candidate for County Executive, the matching
dollars must equal:
fA}
$6 for each dollar of
~
qualifying contribution received for
the
first
$50 of each qualifying contribution;
ill)
$4
for each dollar of
f!
qualifying contribution received for
the second $50 ofeach qualifying contribution; and
(Q
$2 for each dollar of
~
qualifying contribution received for
"
the [[third $50]] remainder ofeach 'gyalifying contribution.
ill
for
~
certified candidate for County Council, the matching dollars
must equal:
fA}
$4
for each dollar of
f!
qualifying contribution received for
the
first
$50 of each qualifying contribution
ill)
$3 for each dollar of
~
qualifying contribution received for
the second $50 ofeach gyalifying contribution; and
(Q
$2 for each dollar of
~
qualifying contribution received for
the [[third $50]] remainder of each qualifying contribution.
ill
The
total
public contribution payable to
~
certified candidate for
either
~
primary or
~
general election must not exceed:
fA}
$750,000 for
~
candidate for County Executive;
$250,000 for
~
candidate for At Large Councilmember;
and
ill)
(Q
$125,000 for
f!
candidate for
District
Councilmember.
(hl
The Director must not distribute matching dollars from the Fund
to
~
certified candidate for:
-9­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 16-14
215
216
217
218
219
220
221
222,
223 '
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
ill
£Z}
!!
contribution from the candidate or the candidate's spouse: or
an in-kind contribution ofproperty, goods. or services.
(Q)
A certified candidate may continue
to
collect qualifying contributions
and receive
!!
matching public contribution
!ill.
to
[Ui
days before]]
!!
primary
or
!!
general election A qualifying contribution must not
exceed $150 from any individual in the aggregate during Han]] a 4-year
election cycle.
@
On or before July 1 of the year preceding the
primary
election. the
Director
must
detennine 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 detennines that the total
amount available for distribution in the Fund is insufficient to meet the
allocations required
Qy
this Section. the Director must reduce each
public contribution to
!!
certified candidate
Qy
the same percentage of
the total public contribution.
.uu
Within
J.
business days after the County Board certifies the results ofthe
primary
election, the Board must authorize the Director to continue to
disburse the appropriate public contribution for the general election to
each certified candidate who is certified to be on the ballot for the
general election.
ill
Within [[15]] 10 days after the County Board certifies the results of the
primary
election.
a
particimting candidate who is not certified to be on
the ballot for the general election must return any unspent money in the
candidate's publicly funded campaign account
to
the Fund.
Within
[[li]]
30 days after the County Board certifies the results of the general
election,
!!
participating candidate must return any unspent money in'the
candidate's publicly funded campaign account to the Fund.
-10­
241
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
16-14
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
(g)
A certified candidate nominated
by
petition may receive
contribution for the general election if:
~
public
ill
ill
the candidate's nomination is certified
by
the County Board; and
the candidate did not participate in
~
primary election.
~
au
A participating candidate must submit
receipt for each
qualifying
contribution to the Board to receive
~
public contribution. The Director
must deposit the appropriate public contribution into
~
participating
candidate's publicly funded campaign account
within
3 business days
after the Board authorizes the public contribution.
ill
[[AnnualJ]
Consumer
Price
Index
adjustment.
The
Chief
Administrative Officer must' adjust the public contribution limits
established in Subsection
truill
and the
[(qualifyingJ]
eligible
contribution limit established in Subsection
(£1
effective
July
L
[[2016]] 2018, and
July
1
of each subsequent fourth year,
by
the annual
average increase,
if
any, in the Consumer Price Index for the previous
~
calendar [[year]] years.
The Chief Administrative Officer must
calculate the adjustment to the nearest multiple of
[[2.
cents]] 10 dollars,
and must publish the amount of this adjustment not later than March
1
of each fourth year.
16-24. Use of Public Contribution.
ill.)
A participating candidate may only use the
[[gualifyingJ]
eligible
contributions and the matching public contribution for
~
primary or
general election for expenses incurred for the election. A participating
candidate must not pay
in
advance for goods and services to be used
after certification with non-gualifying contributions received before
m;mlying for certification lIDless the expenditure is permitted by
Executive regulation adopted under Section 16-21.
-11 ­
 PDF to HTML - Convert PDF files to HTML files
BILL No. 16-14
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
.Qi}
A complaint alleging an impermissible receipt or use of funds by a
participating candidate must be filed with the Board
!£l
A participating candidate must provide the Board with reasonable
accesS
to the financial·
~ecords
of the candidate's publicly funded
campaign account upon request.
un
Within [US]) 30 days after the County Board certifies the results of the
general election,
~
participating candidate must
return
to the Fund any
unspent money
in
the candidate's publicly funded campaign account.
16-25. Withdrawal.
W
A certified candidate may withdraw an application for
~
public
contribution. any time before the public contribution is received
Qy
the
candidate's publicly funded campaign account
.Qi}
A participating candidate may withdraw from participation if the
candidate:
ill
files
~
statement of withdrawal with the Board on
~
form
prescribed
Qy
the Board; and
ill
repays to the FUnd the
:full
amount of the public contribution .
received, together with the applicable interest established
Qy
regulation.
16-26. Applicant and Participating; Candidate Restrictions!
An applicant candidate or
~
participating candidate must not:
W
accept
~
private contribution from any group or organization, including
!
political action committee,
~
coIpOration,
~
labor organization, or
~
State or local central committee of
~
political party:
.Qi}
accept
[mI]
private [[contribution]] contributions from an individual in
an aggregate greater than $150 during a 4-year election cycle, or the
-12 ­
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
16-14
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
maximum amount of
[I!
qualifyingJ]
an eligible
adjustedl?y
Section 16-23(i);
contributio~
as
(9
must not pay for any campaign expense after filing a notice of intent
with the Board
to
seek public funding with any campaign finance
account other
than
the candidate's publicly
funded
campaign account:
be
~
member of
~
slate
in
any election in which the cimdidate receives
~
public contribution [(unless
all
members of the slate are participating
candidates]].;.
[[m:]]
(dl
[[@]]!sil
accept a loan from anyone other than the candidate or the
candidate's spouse: or
[[!sil]]
ill
transfer funds:
to the candidate's publicly funded campaign aCcount from any
other campaign finance entity established for the candidate; and
ill
ill
from the candidate's publicly funded campaign account
to
any
other campaign finance entity.
310
311
312
313
314
315
316
317
318
319
320
16-27. Committee to Recommend Funding for the Public Election Fund
!ru
The Committee to Recommend Funding for the Public Election Fund
consists of 5 members appointed by the County Council for a four-year
term beginning on May 1 of the
:first
year of the Council's
term
of
office. A vacancy
occurring
before the end of a term must be filled by
appointment for the remainder of the term. The Council must ask the
County Executive
to
recommend within 30 days one or more qualified
applicants before making any appoin1ment
!lU
Each member must be a resident of the County while serving on the
Committee. No more
than
3 members must be of the same political
party.
The Council must designate the chair and vice-chair.
- 13­
 PDF to HTML - Convert PDF files to HTML files
BILL No. 16-14
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
~
Eacq member must serve without compensation.
but
may be reimbursed
for reasonable e:xpenses.
(Q)
The Committee must issue a nmort
to
the Council on or before March 1
of each year estimating the funds necessruy
to
implement the public
campaign
finance
system and recommending an appropriation
to
the
Public Election Fund for the following fiscal year.
W
The Council Administrator must provide
staff
SJJP.Port for the
Committee.
16-28. Penalties.
Any violation of
this
[[Section]] Article is
!!
Class A civil violation. Each day
!! violation exists is!! separate offense.
Sec. 2. Initial Regulations.
The County Executive must submit the initial
regulations required by Subsection
16-21(d)
to the Council for cwproval not later
than
180
days
after this
Act
becomes law.
Sec.
3. Effective Date. This Bill takes effect on
January
[WJ
~
2015.
-14 ­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 16-14
336
Approved:
337
338
Approved:
(Of
~(dol
Date
339
~uili!:~
This is a correct copy o/Council action.
..
Date
340
341
Linda M. Lauer, Clerk ofthe Council
-15 ­