GO Item 1
November 2, 201 7
Worksession
MEMOR ANDUM
October 31, 2017
TO:
FROM:
SUBJECT:
Government Operations and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative Atromeyf ;;}
Worksession:
Expedited Bill 31-17, Elections - Public Campaign Financing -
Contributions - Amendments
Expedited Bill 31-1 7, Elections - Public Campaign Financing - Contributions -
Amendments, sponsored by Lead Sponsors Councilmembers Navarro, Katz and Council Vice
President Riemer, was introduced on October 3, 2017. A public hearing was held on October 17.
Bill 31-1 7 would increase the amount of money an applicant candidate who is not married
can donate or loan the candidate's campaign to match the amount permitted for a candidate who
is married.
Background
Bill 16-14, Elections - Public Campaign Financing, was enacted on September 30, 2014
and signed into law on October 6, 2014. Bill 16-14 established the first public campaign finance
1
system for County elections in Maryland. The law designates the Maryland State Board of
Elections to certify candidates and generally administer the public campaign financing system.
The Director of Finance is responsible for establishing a Public Election Fund and distributing the
public contributions to certified candidates. The Council has appropriated approximately $11
million to date for the Public Election Fund.
A candidate needs to obtain a specific number of small contributions from a County
resident of between $5 and $150 to qualify for public funding. Each of these qualifying
contributions must be received during the qualifying period.
A candidate for Executive must collect at least 500 qualifying contributions and an
aggregate total of at least $40,000 to qualify. A candidate for At-Large Councilmember must
collect at least 250 qualifying contributions and an aggregate total of at least $20,000. A candidate
for District Councilmember must collect at least 125 qualifying contributions and an aggregate
total of at least $10,000.
A candidate for Executive certified to receive public funding will be eligible for a matching
contribution of $6 for each dollar of a qualifying contribution for the first $50 of the contribution;
$4 for each dollar of the second $50; and $2 for each dollar of the third $50. The match for a
candidate for Councilmember is $4 for each dollar of the first $50; $3 for each dollar of the second
$50; and $2 for each dollar of the third $50. For example, a candidate for Executive who collects
On July 3, 2017, the Howard County Council overrode the Executive's veto of a public campaign financing law that
is like the Montgomery County law. The new law will take effect for the 2022 elections in Howard County.
1
 PDF to HTML - Convert PDF files to HTML files
3 qualifying contributions of$50 will receive $900 in matching funds and a candidate who collects
1 qualifying contribution of $150 would receive $600 in matching funds. The maximum public
contribution for a candidate for Executive is $750,000 for the primary and $750,000 for the general
election. The maximum public contribution for each election for At-Large Councilmember is
$250,000 and the maximum public contribution for each election for District Councilmember is
$125,000.
A candidate who voluntarily accepts a public contribution must pay for all campaign
expenses with the qualifying contributions, the matching public contributions, and a personal loan
or contribution from the candidate and the candidate's spouse. Section 16-20 limits personal
contributions or loans from the candidate or the candidate's spouse to no more than $6000 from
each. Thus, a candidate who is married may combine with the candidate's spouse to contribute or
loan the campaign up to $12,000 while an unmarried candidate is limited to a personal contribution
or loan of up to $6,000. Bill 31-17 would level the field by permitting any candidate, married or
unmarried, to contribute a maximum of $12,000 to the candidate's campaign.
Public Hearing
The lone speaker, Sharon
L.
Cohen, opposed the Bill. See ©5-6. Ms. Cohen argued that
it was unfair to change the system in the middle of the campaign and that Bill 31-17 would be
unfair to those candidates who chose not to use public funding.
Discussion
The 2018 primary election for Executive and Council is scheduled for June 26, 2018. A
candidate must file a notice of intent to use public funding for this election on or before April 15,
2018. This is the first election where a candidate can use the Public Campaign Financing Law.
Fundamental fairness to all candidates is always important in an election. Bill 31-17 would make
a change in the law after many of the campaigns for Executive and Council have begun, but almost
8 months before the primary election.
It
is important to note that Bill 31-17 would not change the amount of qualifying
contributions required to receive public contributions, the amount of the individual contributions
that can be solicited and received, or the amount of public funding that is available to certified
candidates. Bill 31-17 would only change the amount of money an unmarried candidate can self-
fund the candidate's campaign. While an across the board increase or decrease in the amount of
self-funding allowed for all candidates might be inappropriate now, Bill 31-17 only levels the
playing field between a married candidate and an unmarried candidate. The Public Campaign
Financing Law was not enacted to favor a candidate who is married over a candidate who is not.
In recognition that some married candidates may have already self-funded their campaign with
more than $6,000, the most appropriate method of remedying this inequality is to permit all
candidates seeking public funding to self-fund their campaign up to $12,000.
Council staff
recommendation:
approve the Bill as introduced.
This packet contains:
Expedited Bill 31-17
Legislative Request Report
Testimony of Sharon
L.
Cohen
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\GO Memo.Docx
Circle#
1
4
5
2
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
31-17
Concerning: Elections - Public Campaign
Financing
Contributions
Amendments
Revised: September
19, 2017
Draft No.1
Introduced:
October
3, 2017
Expires:
April
3, 2019
Enacted:
[date)
Executive:
[date signed)
Effective:
[date takes effect)
Sunset Date: -=--=-No-= n..:.:::e'--- -----
Ch. --1ttl_, Laws of Mont. Co.
[year)
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
(1)
increase the amount of money an applicant candidate who is not married can donate
or loan the candidate's campaign to match the amount permitted for a candidate who
is married; and
(2)
generally amend the public campaign financing law governing eligible
contributions.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-20
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL NO.
31-17
1
Sec.
1.
Section 16-20 is amended as follows:
2
3
16-20. Collecting qualifying contributions.
(a)
Before raising any contribution governed by this Article, an applicant
candidate must:
(
1)
4
5
6
file notice of intent with the Board on or before April 15 of the year
of the election on a form prescribed by the Board; and
establish a publicly funded campaign account for the candidate for
the purpose of receiving eligible contributions and spending funds
in accordance with this Article.
7
8
9
(2)
10
11
(b)
Other than a contribution from an applicant candidate or the candidate's
spouse, an applicant candidate must not accept an eligible contribution
from an individual greater than $150.
12
13
14
(
c)
An
applicant candidate must not accept a loan from anyone other than the
candidate or the candidate's spouse.
An
applicant candidate [or] and the
candidate's spouse together must not contribute or lend a combined total
of more than [$6000 each] $12,000 to the candidate's publicly funded
campaign account.
[(c)]@
Consumer Price Index adjustment. The Chief Administrative
15
16
17
18
19
20
Officer must adjust the contribution limit established in Subsection (b ),
effective July 1, 2018, and July 1 of each subsequent fourth year, by the
annual average increase, if any, in the Consumer Price Index for the
previous 4 calendar years. The Chief Administrative Officer must
calculate the adjustment to the nearest multiple of 10 dollars, and must
publish the amount of this adjustment not later than March 1 of each
fourth year.
Sec. 2.
Expedited Effective Date.
21
22
23
24
25
26
27
The Council declares that this legislation is necessary for the immediate
f:\law\bills\1731 elections - public
campaig0 ce
-
contributions - amendments\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 31-17
28
29
30
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
31
Roger Berliner, President, County Council
32
Approved:
Date
33
Isiah Leggett, County Executive
34
This is a correct copy ofCouncil action.
Date
35
Linda M. Lauer, Clerk of the Council
Date
[1J
f:\law\bills\ 1731 elections - public campaign~ c e - contributions - amendments\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Expedited Bill 31-17
Elections
-
Public Campaign Financing
-
Contributions
-
Amendments
DESCRIPTION:
Section 16-20 limits personal contributions or loans from the candidate
or the candidate's spouse to no more than $6000 from each. The result
is that a candidate who is married may combine with the candidate's
spouse to contribute or loan the campaign up to $12,000 while an
unmarried candidate is limited to a personal contribution or loan of up
to $6,000. Bill 31-17 would level the field by permitting any
candidate, married or unmarried, to contribute a maximum of $12,000
to the candidate's campaign.
The law permits a married candidate to contribute $12,000 to the
candidate's campaign while only permitting an unmarried candidate to
contribute $6,000.
A level playing field between married and unmarried candidates.
Finance, County Attorney
To be requested.
To be requested.
NIA
NIA
PROBLEM:
GOALSA ND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Robert H. Drummer, Senior Legislative Attorney
Not applicable.
Class A Violation
F:ILA W\BlLLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
Testimony from Sharon
L.
Cohen
Resident of Potomac, MD
Before The Montgome ry County Council on
!:xpedited Bill 31-17 - Public Campaign Finance Amendmen t
October 17, 2017
Good afternoon my name is Sharon Cohen. By way of background, I serve
on the Executive Board of the Montgome ry County Republican Central
Committee and also serve as the Vice-Chair of the Council's Committee to
Recommend Funding for the Public Election Fund (PEF). I have a broad
understand ing of the new PEF program. But today I testify solely on my on
behalf, and I am speak in opposition to Expedited bill 31-17.
I will be brief and to the point. Making law changes now in the final quarter
of the election cycle is unfair and downright inappropria te as many of you
seek to qualify for PEF funding for your own candidacies.
Rather than "leveling the field" as some among you claim, in fact what you
did with expedited bill 25-17 (the first round of PEF law changes moved this
past summer) and now with proposed expedited bill 31-17 is to
CHANGE
THE RULES OF THE GAME IN THE MIDDLE OF PLAY!
Many candidates for county office have already filed for office. Some
choose to be PEF candidates, others not. Those decisions to seek or NOT
seek PEF funding were based among other things on the PEF law at the
time those decisions were made. Further, prospective candidate may have
chosen to NOT run at all again based on the PEF law at the time.
The PEF law changes in this expedited bill and the prior measure give PEF
candidates a leg up by
making it easier for PEF candidates to secure public
funding!
That is a disadvantage to non-PEF candidates who have already
filed and collected campaign contribution s.
The candidacy-filing deadline is about 4 months away! That leaves virtually
no time for a non-PEF candidate that's already filed and collected
contributio ns to switch over to become a PEF candidate now that the rules
of the game have changed and it's easier to qualify. The same goes for
 PDF to HTML - Convert PDF files to HTML files
prospective candidates who may have held off- decided not to run --
because the PEF law at the time had a higher bar to qualify.
In July I asked the Council when I testified against the first round of PEF law
changes, what would happen if the Council identified additional problems
or challenges with the PEF law? I asked how many more expedited bills will
the Council attempt to move between now and the June 2018 Primary or
between the Primary and General Election? Now a mere three months
later, the Council is indeed back to make more changes to the PEF law.
Where does this end? This is a make it up as you go farce.
 PDF to HTML - Convert PDF files to HTML files
GO Item 1
November 2, 201 7
Worksession
MEMOR ANDUM
October 31, 2017
TO:
FROM:
SUBJECT:
Government Operations and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative Atromeyf ;;}
Worksession:
Expedited Bill 31-17, Elections - Public Campaign Financing -
Contributions - Amendments
Expedited Bill 31-1 7, Elections - Public Campaign Financing - Contributions -
Amendments, sponsored by Lead Sponsors Councilmembers Navarro, Katz and Council Vice
President Riemer, was introduced on October 3, 2017. A public hearing was held on October 17.
Bill 31-1 7 would increase the amount of money an applicant candidate who is not married
can donate or loan the candidate's campaign to match the amount permitted for a candidate who
is married.
Background
Bill 16-14, Elections - Public Campaign Financing, was enacted on September 30, 2014
and signed into law on October 6, 2014. Bill 16-14 established the first public campaign finance
1
system for County elections in Maryland. The law designates the Maryland State Board of
Elections to certify candidates and generally administer the public campaign financing system.
The Director of Finance is responsible for establishing a Public Election Fund and distributing the
public contributions to certified candidates. The Council has appropriated approximately $11
million to date for the Public Election Fund.
A candidate needs to obtain a specific number of small contributions from a County
resident of between $5 and $150 to qualify for public funding. Each of these qualifying
contributions must be received during the qualifying period.
A candidate for Executive must collect at least 500 qualifying contributions and an
aggregate total of at least $40,000 to qualify. A candidate for At-Large Councilmember must
collect at least 250 qualifying contributions and an aggregate total of at least $20,000. A candidate
for District Councilmember must collect at least 125 qualifying contributions and an aggregate
total of at least $10,000.
A candidate for Executive certified to receive public funding will be eligible for a matching
contribution of $6 for each dollar of a qualifying contribution for the first $50 of the contribution;
$4 for each dollar of the second $50; and $2 for each dollar of the third $50. The match for a
candidate for Councilmember is $4 for each dollar of the first $50; $3 for each dollar of the second
$50; and $2 for each dollar of the third $50. For example, a candidate for Executive who collects
On July 3, 2017, the Howard County Council overrode the Executive's veto of a public campaign financing law that
is like the Montgomery County law. The new law will take effect for the 2022 elections in Howard County.
1
 PDF to HTML - Convert PDF files to HTML files
3 qualifying contributions of$50 will receive $900 in matching funds and a candidate who collects
1 qualifying contribution of $150 would receive $600 in matching funds. The maximum public
contribution for a candidate for Executive is $750,000 for the primary and $750,000 for the general
election. The maximum public contribution for each election for At-Large Councilmember is
$250,000 and the maximum public contribution for each election for District Councilmember is
$125,000.
A candidate who voluntarily accepts a public contribution must pay for all campaign
expenses with the qualifying contributions, the matching public contributions, and a personal loan
or contribution from the candidate and the candidate's spouse. Section 16-20 limits personal
contributions or loans from the candidate or the candidate's spouse to no more than $6000 from
each. Thus, a candidate who is married may combine with the candidate's spouse to contribute or
loan the campaign up to $12,000 while an unmarried candidate is limited to a personal contribution
or loan of up to $6,000. Bill 31-17 would level the field by permitting any candidate, married or
unmarried, to contribute a maximum of $12,000 to the candidate's campaign.
Public Hearing
The lone speaker, Sharon
L.
Cohen, opposed the Bill. See ©5-6. Ms. Cohen argued that
it was unfair to change the system in the middle of the campaign and that Bill 31-17 would be
unfair to those candidates who chose not to use public funding.
Discussion
The 2018 primary election for Executive and Council is scheduled for June 26, 2018. A
candidate must file a notice of intent to use public funding for this election on or before April 15,
2018. This is the first election where a candidate can use the Public Campaign Financing Law.
Fundamental fairness to all candidates is always important in an election. Bill 31-17 would make
a change in the law after many of the campaigns for Executive and Council have begun, but almost
8 months before the primary election.
It
is important to note that Bill 31-17 would not change the amount of qualifying
contributions required to receive public contributions, the amount of the individual contributions
that can be solicited and received, or the amount of public funding that is available to certified
candidates. Bill 31-17 would only change the amount of money an unmarried candidate can self-
fund the candidate's campaign. While an across the board increase or decrease in the amount of
self-funding allowed for all candidates might be inappropriate now, Bill 31-17 only levels the
playing field between a married candidate and an unmarried candidate. The Public Campaign
Financing Law was not enacted to favor a candidate who is married over a candidate who is not.
In recognition that some married candidates may have already self-funded their campaign with
more than $6,000, the most appropriate method of remedying this inequality is to permit all
candidates seeking public funding to self-fund their campaign up to $12,000.
Council staff
recommendation:
approve the Bill as introduced.
This packet contains:
Expedited Bill 31-17
Legislative Request Report
Testimony of Sharon
L.
Cohen
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\GO Memo.Docx
Circle#
1
4
5
2
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
31-17
Concerning: Elections - Public Campaign
Financing
Contributions
Amendments
Revised: September
19, 2017
Draft No.1
Introduced:
October
3, 2017
Expires:
April
3, 2019
Enacted:
[date)
Executive:
[date signed)
Effective:
[date takes effect)
Sunset Date: -=--=-No-= n..:.:::e'--- -----
Ch. --1ttl_, Laws of Mont. Co.
[year)
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
(1)
increase the amount of money an applicant candidate who is not married can donate
or loan the candidate's campaign to match the amount permitted for a candidate who
is married; and
(2)
generally amend the public campaign financing law governing eligible
contributions.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-20
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL NO.
31-17
1
Sec.
1.
Section 16-20 is amended as follows:
2
3
16-20. Collecting qualifying contributions.
(a)
Before raising any contribution governed by this Article, an applicant
candidate must:
(
1)
4
5
6
file notice of intent with the Board on or before April 15 of the year
of the election on a form prescribed by the Board; and
establish a publicly funded campaign account for the candidate for
the purpose of receiving eligible contributions and spending funds
in accordance with this Article.
7
8
9
(2)
10
11
(b)
Other than a contribution from an applicant candidate or the candidate's
spouse, an applicant candidate must not accept an eligible contribution
from an individual greater than $150.
12
13
14
(
c)
An
applicant candidate must not accept a loan from anyone other than the
candidate or the candidate's spouse.
An
applicant candidate [or] and the
candidate's spouse together must not contribute or lend a combined total
of more than [$6000 each] $12,000 to the candidate's publicly funded
campaign account.
[(c)]@
Consumer Price Index adjustment. The Chief Administrative
15
16
17
18
19
20
Officer must adjust the contribution limit established in Subsection (b ),
effective July 1, 2018, and July 1 of each subsequent fourth year, by the
annual average increase, if any, in the Consumer Price Index for the
previous 4 calendar years. The Chief Administrative Officer must
calculate the adjustment to the nearest multiple of 10 dollars, and must
publish the amount of this adjustment not later than March 1 of each
fourth year.
Sec. 2.
Expedited Effective Date.
21
22
23
24
25
26
27
The Council declares that this legislation is necessary for the immediate
f:\law\bills\1731 elections - public
campaig0 ce
-
contributions - amendments\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 31-17
28
29
30
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
31
Roger Berliner, President, County Council
32
Approved:
Date
33
Isiah Leggett, County Executive
34
This is a correct copy ofCouncil action.
Date
35
Linda M. Lauer, Clerk of the Council
Date
[1J
f:\law\bills\ 1731 elections - public campaign~ c e - contributions - amendments\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Expedited Bill 31-17
Elections
-
Public Campaign Financing
-
Contributions
-
Amendments
DESCRIPTION:
Section 16-20 limits personal contributions or loans from the candidate
or the candidate's spouse to no more than $6000 from each. The result
is that a candidate who is married may combine with the candidate's
spouse to contribute or loan the campaign up to $12,000 while an
unmarried candidate is limited to a personal contribution or loan of up
to $6,000. Bill 31-17 would level the field by permitting any
candidate, married or unmarried, to contribute a maximum of $12,000
to the candidate's campaign.
The law permits a married candidate to contribute $12,000 to the
candidate's campaign while only permitting an unmarried candidate to
contribute $6,000.
A level playing field between married and unmarried candidates.
Finance, County Attorney
To be requested.
To be requested.
NIA
NIA
PROBLEM:
GOALSA ND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Robert H. Drummer, Senior Legislative Attorney
Not applicable.
Class A Violation
F:ILA W\BlLLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
Testimony from Sharon
L.
Cohen
Resident of Potomac, MD
Before The Montgome ry County Council on
!:xpedited Bill 31-17 - Public Campaign Finance Amendmen t
October 17, 2017
Good afternoon my name is Sharon Cohen. By way of background, I serve
on the Executive Board of the Montgome ry County Republican Central
Committee and also serve as the Vice-Chair of the Council's Committee to
Recommend Funding for the Public Election Fund (PEF). I have a broad
understand ing of the new PEF program. But today I testify solely on my on
behalf, and I am speak in opposition to Expedited bill 31-17.
I will be brief and to the point. Making law changes now in the final quarter
of the election cycle is unfair and downright inappropria te as many of you
seek to qualify for PEF funding for your own candidacies.
Rather than "leveling the field" as some among you claim, in fact what you
did with expedited bill 25-17 (the first round of PEF law changes moved this
past summer) and now with proposed expedited bill 31-17 is to
CHANGE
THE RULES OF THE GAME IN THE MIDDLE OF PLAY!
Many candidates for county office have already filed for office. Some
choose to be PEF candidates, others not. Those decisions to seek or NOT
seek PEF funding were based among other things on the PEF law at the
time those decisions were made. Further, prospective candidate may have
chosen to NOT run at all again based on the PEF law at the time.
The PEF law changes in this expedited bill and the prior measure give PEF
candidates a leg up by
making it easier for PEF candidates to secure public
funding!
That is a disadvantage to non-PEF candidates who have already
filed and collected campaign contribution s.
The candidacy-filing deadline is about 4 months away! That leaves virtually
no time for a non-PEF candidate that's already filed and collected
contributio ns to switch over to become a PEF candidate now that the rules
of the game have changed and it's easier to qualify. The same goes for
 PDF to HTML - Convert PDF files to HTML files
prospective candidates who may have held off- decided not to run --
because the PEF law at the time had a higher bar to qualify.
In July I asked the Council when I testified against the first round of PEF law
changes, what would happen if the Council identified additional problems
or challenges with the PEF law? I asked how many more expedited bills will
the Council attempt to move between now and the June 2018 Primary or
between the Primary and General Election? Now a mere three months
later, the Council is indeed back to make more changes to the PEF law.
Where does this end? This is a make it up as you go farce.