Agenda Item 4A
October 3, 2017
Introduction
MEM ORAN DUM
September 29, 2017
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attor ney~
Introduction:
Expedited Bill 31-17, Elections - Public Campaign Financing -
Contributions - Amendments
Expedited Bill 31-17, Elections - Public Campaign Financing - Contributions -
Amendments, sponsored by Lead Sponsors Councilmembers Navarro, Katz and Council Vice
President Riemer, is scheduled to be introduced on October 3, 2017. A public hearing is tentatively
scheduled for October 17 at 1:30 p.m.
Bill 31-17 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.
On July 3, 2017, the Howard County Council overrode the Executive's veto ofa public campaign financing law that
will take effect for the 2022 elections.
1
 PDF to HTML - Convert PDF files to HTML files
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
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. 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.
This packet contains:
Expedited Bill 31-1 7
Legislative Request Report
Circle#
1
4
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\Intro Memo.Docx
2
 PDF to HTML - Convert PDF files to HTML files
31-17
Expedited Bill No.
Concerning: Elections- Public Campaign
Contributions
Financing
Amendments
Revised: September
19, 2017
Draft No.1
October
3, 2017
Introduced:
April
3, 2019
Expires:
(date)
Enacted:
[date signed)
Executive:
(date takes effect)
Effective:
Sunset Date: ---'-'-No=n-=e'--- ------
(year)
Ch . ....I1tl_, Laws of Mont. Co.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
increase the amount of money an applicant candidate who is not married can donate
(1)
or loan the candidate's campaign to match the amount permitted for a candidate who
is married; and
generally amend the public campaign financing law governing eligible
(2)
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)
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
(2)
establish a publicly funded campaign account for the candidate for
the purpose of receiving eligible contributions and spending funds
in accordance with this Article.
(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.
(
c)
4
5
6
7
8
9
1O
11
12
13
14
15
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.
16
17
18
19
[(c)]@
Consumer Price Index adjustment. The Chief Administrative
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.
20
21
22
23
24
25
26
27
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation 1s necessary for the immediate
f:\law\bills\1731 elections - public campaig0ce - contributions - amendments\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL NO.
31-17
28
29
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
30
31
Roger Berliner, President, County Council
Date
32
Approved:
33
Isiah Leggett, County Executive
Date
34
This is a correct copy ofCouncil action.
35
Linda M. Lauer, Clerk of the Council
Date
AJ
f:\law\bills\1731 elections - public campaign~ce - 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:
GOALS AND
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:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\LRR.Docx
®
 PDF to HTML - Convert PDF files to HTML files
Agenda Item 4A
October 3, 2017
Introduction
MEM ORAN DUM
September 29, 2017
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attor ney~
Introduction:
Expedited Bill 31-17, Elections - Public Campaign Financing -
Contributions - Amendments
Expedited Bill 31-17, Elections - Public Campaign Financing - Contributions -
Amendments, sponsored by Lead Sponsors Councilmembers Navarro, Katz and Council Vice
President Riemer, is scheduled to be introduced on October 3, 2017. A public hearing is tentatively
scheduled for October 17 at 1:30 p.m.
Bill 31-17 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.
On July 3, 2017, the Howard County Council overrode the Executive's veto ofa public campaign financing law that
will take effect for the 2022 elections.
1
 PDF to HTML - Convert PDF files to HTML files
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
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. 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.
This packet contains:
Expedited Bill 31-1 7
Legislative Request Report
Circle#
1
4
F:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\Intro Memo.Docx
2
 PDF to HTML - Convert PDF files to HTML files
31-17
Expedited Bill No.
Concerning: Elections- Public Campaign
Contributions
Financing
Amendments
Revised: September
19, 2017
Draft No.1
October
3, 2017
Introduced:
April
3, 2019
Expires:
(date)
Enacted:
[date signed)
Executive:
(date takes effect)
Effective:
Sunset Date: ---'-'-No=n-=e'--- ------
(year)
Ch . ....I1tl_, Laws of Mont. Co.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
increase the amount of money an applicant candidate who is not married can donate
(1)
or loan the candidate's campaign to match the amount permitted for a candidate who
is married; and
generally amend the public campaign financing law governing eligible
(2)
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)
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
(2)
establish a publicly funded campaign account for the candidate for
the purpose of receiving eligible contributions and spending funds
in accordance with this Article.
(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.
(
c)
4
5
6
7
8
9
1O
11
12
13
14
15
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.
16
17
18
19
[(c)]@
Consumer Price Index adjustment. The Chief Administrative
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.
20
21
22
23
24
25
26
27
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation 1s necessary for the immediate
f:\law\bills\1731 elections - public campaig0ce - contributions - amendments\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL NO.
31-17
28
29
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
30
31
Roger Berliner, President, County Council
Date
32
Approved:
33
Isiah Leggett, County Executive
Date
34
This is a correct copy ofCouncil action.
35
Linda M. Lauer, Clerk of the Council
Date
AJ
f:\law\bills\1731 elections - public campaign~ce - 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:
GOALS AND
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:\LAW\BILLS\1731 Elections - Public Campaign Finance - Contributions - Amendments\LRR.Docx
®