Agenda Item 8
July 18, 2017
Public Hearing
MEMORANDUM
July 14, 2017
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislati~e Attorney~
SUBJECT:
Public Hearing:
Expedited Bill 25-17, Elections - Public Campaign Financing -
Amendments
Expedited Bill 25-17, Elections - Public Campaign Financing - Amendments, sponsored
by Councilmember Navarro, Vice President Riemer, and Councilmembers Katz, and Eirich, was
introduced on July 11. A Government Operations and Fiscal Policy Committee worksession is
tentatively scheduled for July 20 at 10:30 a.m.
Bill 25-17 would:
permit a candidate to correct a mistake in an application for certification within a
(1)
certain time;
clarify that a candidate may receive a matching public contribution during the
(2)
general election for certain unmatched qualifying contributions received during the
primary election; and
permit a candidate to use unspent funds returned to the County after an election as
(3)
a credit against any repayment required for a public contribution mistakenly
received.
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
system for County elections in Maryland.
1
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.
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 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. Section 16-18 defines the qualifying
period as:
Qualifying period means the period of time beginning on January 1 following the
last election for the office the candidate seeks and ending 45 days before the date
of the primary election. The qualifying period for a special election under Section
16-17 must be set by Council resolution.
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 contributjon 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
from the candidate and the candidate's spouse of no more than $6000 from each.
The Executive adopted regulations implementing this law that were approved by the
Council on October 6, 2015. The State Board of Elections Summary Guide for candidates can be
found at:
https://www.campaignfinance.maryland.gov/PEF Summary Guide EDITION MAY 2017 fin
al.pdf
The Council's website contains information about the public campaign system at:
http://www.montgomerycountymd.gov/COUNCIL/public campaign finance.html
Government Operations and Fiscal Policy Committee Work.session
On June 22, 2017, the Government Operations and Fiscal Policy Committee received an
update on the status of the public campaign finance system from David Crow, Finance, and Jared
DeMarinis, Director - Division of Candidacy and Campaign Finance for the State Board of
2
 PDF to HTML - Convert PDF files to HTML files
Elections. See ©6-7. The Committee discussed several issues that have arisen as the system goes
through its initial election. The Committee decided to introduce legislation to resolve these
outstanding issues for the 2018 election cycle. Expedited Bill 25-17 would resolve these
outstanding issues.
The Amendments
1.
Permit a candidate to correct a mistake in an application for certification within a certain
time.
Section 16-22(c) permits a candidate to submit only one application for certification. For
example, if a candidate for Executive submits 505 qualifying contributions for certification and
the State Board disqualifies 6 due to errors in the name or residence, the candidate would be barred
from receiving any matching contributions. The Bill would avoid this harsh result by permitting
a candidate to correct a mistake within the earlier of 10 business days or the end of the qualifying
period.
2. Clarify that a candidate may receive a matching public contribution during the general
election for certain unmatched qualifying contributions received during the primary
election.
Once a certified candidate receives the maximum public contribution for the primary, the
candidate may receive additional qualifying contributions before the primary election. Since the
candidate has already received the maximum public contribution, these additional qualifying
contributions would not be matched.
It
is unclear if the candidate is eligible to receive matching
public contributions for these unmatched qualifying contributions during the general election
campaign if the candidate wins the primary election. Bill 25-17 would clarify that the candidate
would receive matching public contributions during the general election campaign for these
unmatched qualifying contributions if otherwise eligible.
3. Permit a candidate to use unspent funds returned
to
the County after an election as a
credit against any repayment required for a public contribution mistakenly received.
The regulations require a candidate who receives matching public contributions in error to
return these funds. The law also requires a candidate to return unspent money to the Public
Election Fund after the election.
It
is unclear if a candidate who received money in error can pay
this money back with unspent money the candidate would otherwise be required to return. Bill
25-17 would clarify that the candidate would receive a credit for returned unspent funds against
any repayment required for a public contribution received in error.
This packet contains:
Expedited Bill 25-17
Legislative Request Report
State Board Status Update -June 22, 2017
Circle#
1
5
6
F:\LAW\BILLS\l 725 Elections - Public Campaign Finance - Amendments\PH Memo.Docx
3
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Expedited Bill No.
25-17
Concerning: Elections - Public Campaign
Financing - Amendments
Revised: June
26. 2017
Draft No.
_1_
Introduced:
July
11. 2017
Expires:
January
11. 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N~on~e_ _ _ _ _ __
Ch. _ _ • Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Navarro, Vice President Riemer and Councilmembers Katz and
Elrich
AN EXPEDITED ACT
to:
(1)
permit a candidate to correct a mistake in an application for certification within a
certain time;
(2)
clarify that a candidate may receive a matching public contribution during the general
election for certain unmatched qualifying contributions received during the primary
election;
(3)
permit a candidate to use unspent funds returned to the County after an election as a
credit against any repayment required for a public contribution mistakenly received;
and
(4)
generally amend the law concerning public campaign financing for County elections.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-22 and 16-23
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.
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. 25-17
1
2
Sec. 1.
Sections 16-22 and 16-23 are amended as follows:
16-22. Board determination.
3
(a)
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:
(1)
a declaration from the candidate agreeing to follow the regulations
governing the use of a public contribution;
(2)
a campaign finance report that includes:
(A)
(B)
a list of each qualifying contribution received;
a list of each expenditure made by the candidate during the
qualifying period; and
(C)
the
receipt associated with
each contribution and
4
5
6
7
8
9
10
11
12
13
14
expenditure; and
(3)
(b)
(c)
a certificate of candidacy for a covered office.
15
16
The decision by the Board whether to certify a candidate is final.
A candidate may submit only one application for certification for any
election. A candidate may correct any mistakes in the application for
certification within the earlier of:
17
18
19
20
21
22
ill
lQ
business days after receiving notice that the Board denied the
application; or
ru
(
d)
the end of the qualifying period.
23
24
25
26
If the Board certifies a candidate, the Board must authorize the Director
to disburse a public contribution to the candidate's publicly funded
campaign account.
16-23. Distribution of public contribution.
27
*
*
*
~
f:\lawlb~S elections - public campaign finance - amendments\e-bill 1.docx
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EXPEDITED BILL
NO. 25-17
1
2
(h)
A participating candidate must submit a receipt for each ·qualifying
contribution to the Board to receive a public contribution. The Director
must deposit the appropriate public contribution into a participating
candidate's publicly funded campaign account within 3 business days
after the Board authorizes the public contribution.
3
4
5
6
7
(i)
A candidate may receive £! matching public contribution during the
general election for an unmatched qualifying contribution received
during the primary election after the candidate has received the maximum
public contribution for the primary election if the candidate is otherwise
eligible to receive matching public contributions during the general
election.
8
9
10
11
12
13
14
ill
If the Director mistakenly distributes£! public contribution to£! candidate
greater than the candidate was entitled to receive, the candidate must
repay the funds mistakenly distributed within~ business days after being
notified of the mistake. Any unspent funds returned to the County after
an election may be used as £! credit against any repayment required for£!
public contribution mistakenly received.
15
16
17
18
19
20
21
22
.(k)
Consumer Price Index adjustment.
The Chief Administrative Officer
must adjust the public contribution limits established in Subsection (a)(3)
and the eligible contribution limit established in Subsection (c), 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.
23
24
25
26
27
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
f:\law\b:025 elections - public campaign finance - amendments\e-bill 1.docx
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EXPEDITED BILL NO.
25-17
1
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
2
3
4
Roger Berliner, President, County Council
Date
5
Approved:
6
Isiah Leggett, County Executive
7
Date
This is a correct copy ofCouncil action.
8
Linda M. Lauer, Clerk of the Council
Date
w
f:\law\b~5 elections - public campaign finance - amendments\e-bill 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 25-17
Elections
-
Public Campaign Financing
-
Amendments
DESCRIPTION:
Bill 25-17 would:
(1)
permit a candidate to correct a mistake in an application for
certification within a certain time;
(2)
clarify that a candidate may receive a matching public
contribution during the general election for certain unmatched
qualifying contributions received during the primary election;
and
(3)
permit a candidate to use unspent funds returned to the County
after an election as a credit against any repayment required for
a public contribution mistakenly received.
PROBLEM:
The issues addressed in the Bill arose during the initial
implementation of the Public Campaign Financing Law.
GOALS AND
To resolve the outstanding issues in the Law.
OBJECTIVES:
COORDINATION:
Finance, County Attorney
FISCAL IMPACT:
Office of Management and Budget, Finance
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
To be determined.
NIA
NIA
Robert H. Drummer, Senior Legislative Attorney
APPLICATION
WITHIN
MUNICIPALITIES:
Not applicable
PENALTIES:
NIA
F:\LA W\BILLS\1725 Elections - Public Campaign Finance - Amendments\LRR.Docx
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MARYLAND
STATE BOARD OF ELECTIONS
P.O. BOX 6486, ANNAPOLIS, MD 21401-0486
David
J.
McManus, Chairman
Patrick
J.
Hogan, Vice Chairman
Michael R. Cogan
Kelley Howells
Gloria Lawlah
PHONE (410) 269-2840
Linda H. Lamone
Administrator
Nikki
Charlson
Deputy Administrator
June 22, 2017
Montgomery County Council
Government Operations and Fiscal Policy Committee
Montgomery County Public Election Fund
Current Status of the Program:
The Montgomery law was the model for Howard County to implement its public
financing program.
17 candidates have filed a declaration of intent to participate.
The first day to file a report for certification is July 4.
Software changes have been made and implemented to receive the additional
requirements necessary to receive reports and calculate the public contributio_n.
A Summary Guide has been published detailing the program requirements and including
a "how to" on filing reports.
A webinar is scheduled for July 11- a powerpoint slideshow will be provided.
Additionally, the webinar will be recorded and published for others to watch at their
own convenience.
Resources:
Current resources are spread thin.
The county should provide for sufficient personnel to administer and implement
outreach, coordinate between the Committee to Recommend Funding for the Public
Election Fund, SBE and the Department of Finance, and answer questions from
candidates and the public.
Additional resources are needed for any post-election audit. The Department of
Finance should be the lead in conducting any audit of public finances received.
Legislative Fixes:
As the program gains more and more participants, new issues have arisen that require
legislative action for the next election to provide clarity.
Here are some of the issues that the Department of Finance and SBE have identified:
o What is the definition of a county resident? Is there a time limit needed to
reside in-County in order be considered a county resident?
o Are there any violations that would remove a candidate from the program or
can a candidate remedy the violation and remain a certified candidate?
• Who determines what these violations are and when one is
committed?
FAX
(410) 974- 2019
MD Relay Service
(800) 735-2258
Toll Free Phone Number
(800) 222-8683
http://www.elections.maryland.gov
151
West Street Suite
200
Annannlic;_
M;,,rvl;,,nrl
,1 .11n1
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o
o
o
Do qualifying contributions received and used in a primary election but not
matched due to a candidate achieving the maximum threshold remain eligible
for matching for the general election?
Do contested elections include write-in candidates or only candidates listed on
the ballot?
Personal liability for candidates, treasurers, and chairs and whether there are
any penalties for violations committed by contributors.
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Agenda Item 8
July 18, 2017
Public Hearing
MEMORANDUM
July 14, 2017
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislati~e Attorney~
SUBJECT:
Public Hearing:
Expedited Bill 25-17, Elections - Public Campaign Financing -
Amendments
Expedited Bill 25-17, Elections - Public Campaign Financing - Amendments, sponsored
by Councilmember Navarro, Vice President Riemer, and Councilmembers Katz, and Eirich, was
introduced on July 11. A Government Operations and Fiscal Policy Committee worksession is
tentatively scheduled for July 20 at 10:30 a.m.
Bill 25-17 would:
permit a candidate to correct a mistake in an application for certification within a
(1)
certain time;
clarify that a candidate may receive a matching public contribution during the
(2)
general election for certain unmatched qualifying contributions received during the
primary election; and
permit a candidate to use unspent funds returned to the County after an election as
(3)
a credit against any repayment required for a public contribution mistakenly
received.
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
system for County elections in Maryland.
1
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.
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 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. Section 16-18 defines the qualifying
period as:
Qualifying period means the period of time beginning on January 1 following the
last election for the office the candidate seeks and ending 45 days before the date
of the primary election. The qualifying period for a special election under Section
16-17 must be set by Council resolution.
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 contributjon 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
from the candidate and the candidate's spouse of no more than $6000 from each.
The Executive adopted regulations implementing this law that were approved by the
Council on October 6, 2015. The State Board of Elections Summary Guide for candidates can be
found at:
https://www.campaignfinance.maryland.gov/PEF Summary Guide EDITION MAY 2017 fin
al.pdf
The Council's website contains information about the public campaign system at:
http://www.montgomerycountymd.gov/COUNCIL/public campaign finance.html
Government Operations and Fiscal Policy Committee Work.session
On June 22, 2017, the Government Operations and Fiscal Policy Committee received an
update on the status of the public campaign finance system from David Crow, Finance, and Jared
DeMarinis, Director - Division of Candidacy and Campaign Finance for the State Board of
2
 PDF to HTML - Convert PDF files to HTML files
Elections. See ©6-7. The Committee discussed several issues that have arisen as the system goes
through its initial election. The Committee decided to introduce legislation to resolve these
outstanding issues for the 2018 election cycle. Expedited Bill 25-17 would resolve these
outstanding issues.
The Amendments
1.
Permit a candidate to correct a mistake in an application for certification within a certain
time.
Section 16-22(c) permits a candidate to submit only one application for certification. For
example, if a candidate for Executive submits 505 qualifying contributions for certification and
the State Board disqualifies 6 due to errors in the name or residence, the candidate would be barred
from receiving any matching contributions. The Bill would avoid this harsh result by permitting
a candidate to correct a mistake within the earlier of 10 business days or the end of the qualifying
period.
2. Clarify that a candidate may receive a matching public contribution during the general
election for certain unmatched qualifying contributions received during the primary
election.
Once a certified candidate receives the maximum public contribution for the primary, the
candidate may receive additional qualifying contributions before the primary election. Since the
candidate has already received the maximum public contribution, these additional qualifying
contributions would not be matched.
It
is unclear if the candidate is eligible to receive matching
public contributions for these unmatched qualifying contributions during the general election
campaign if the candidate wins the primary election. Bill 25-17 would clarify that the candidate
would receive matching public contributions during the general election campaign for these
unmatched qualifying contributions if otherwise eligible.
3. Permit a candidate to use unspent funds returned
to
the County after an election as a
credit against any repayment required for a public contribution mistakenly received.
The regulations require a candidate who receives matching public contributions in error to
return these funds. The law also requires a candidate to return unspent money to the Public
Election Fund after the election.
It
is unclear if a candidate who received money in error can pay
this money back with unspent money the candidate would otherwise be required to return. Bill
25-17 would clarify that the candidate would receive a credit for returned unspent funds against
any repayment required for a public contribution received in error.
This packet contains:
Expedited Bill 25-17
Legislative Request Report
State Board Status Update -June 22, 2017
Circle#
1
5
6
F:\LAW\BILLS\l 725 Elections - Public Campaign Finance - Amendments\PH Memo.Docx
3
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
25-17
Concerning: Elections - Public Campaign
Financing - Amendments
Revised: June
26. 2017
Draft No.
_1_
Introduced:
July
11. 2017
Expires:
January
11. 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N~on~e_ _ _ _ _ __
Ch. _ _ • Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Navarro, Vice President Riemer and Councilmembers Katz and
Elrich
AN EXPEDITED ACT
to:
(1)
permit a candidate to correct a mistake in an application for certification within a
certain time;
(2)
clarify that a candidate may receive a matching public contribution during the general
election for certain unmatched qualifying contributions received during the primary
election;
(3)
permit a candidate to use unspent funds returned to the County after an election as a
credit against any repayment required for a public contribution mistakenly received;
and
(4)
generally amend the law concerning public campaign financing for County elections.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-22 and 16-23
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.
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. 25-17
1
2
Sec. 1.
Sections 16-22 and 16-23 are amended as follows:
16-22. Board determination.
3
(a)
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:
(1)
a declaration from the candidate agreeing to follow the regulations
governing the use of a public contribution;
(2)
a campaign finance report that includes:
(A)
(B)
a list of each qualifying contribution received;
a list of each expenditure made by the candidate during the
qualifying period; and
(C)
the
receipt associated with
each contribution and
4
5
6
7
8
9
10
11
12
13
14
expenditure; and
(3)
(b)
(c)
a certificate of candidacy for a covered office.
15
16
The decision by the Board whether to certify a candidate is final.
A candidate may submit only one application for certification for any
election. A candidate may correct any mistakes in the application for
certification within the earlier of:
17
18
19
20
21
22
ill
lQ
business days after receiving notice that the Board denied the
application; or
ru
(
d)
the end of the qualifying period.
23
24
25
26
If the Board certifies a candidate, the Board must authorize the Director
to disburse a public contribution to the candidate's publicly funded
campaign account.
16-23. Distribution of public contribution.
27
*
*
*
~
f:\lawlb~S elections - public campaign finance - amendments\e-bill 1.docx
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EXPEDITED BILL
NO. 25-17
1
2
(h)
A participating candidate must submit a receipt for each ·qualifying
contribution to the Board to receive a public contribution. The Director
must deposit the appropriate public contribution into a participating
candidate's publicly funded campaign account within 3 business days
after the Board authorizes the public contribution.
3
4
5
6
7
(i)
A candidate may receive £! matching public contribution during the
general election for an unmatched qualifying contribution received
during the primary election after the candidate has received the maximum
public contribution for the primary election if the candidate is otherwise
eligible to receive matching public contributions during the general
election.
8
9
10
11
12
13
14
ill
If the Director mistakenly distributes£! public contribution to£! candidate
greater than the candidate was entitled to receive, the candidate must
repay the funds mistakenly distributed within~ business days after being
notified of the mistake. Any unspent funds returned to the County after
an election may be used as £! credit against any repayment required for£!
public contribution mistakenly received.
15
16
17
18
19
20
21
22
.(k)
Consumer Price Index adjustment.
The Chief Administrative Officer
must adjust the public contribution limits established in Subsection (a)(3)
and the eligible contribution limit established in Subsection (c), 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.
23
24
25
26
27
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
f:\law\b:025 elections - public campaign finance - amendments\e-bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL NO.
25-17
1
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
2
3
4
Roger Berliner, President, County Council
Date
5
Approved:
6
Isiah Leggett, County Executive
7
Date
This is a correct copy ofCouncil action.
8
Linda M. Lauer, Clerk of the Council
Date
w
f:\law\b~5 elections - public campaign finance - amendments\e-bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Expedited Bill 25-17
Elections
-
Public Campaign Financing
-
Amendments
DESCRIPTION:
Bill 25-17 would:
(1)
permit a candidate to correct a mistake in an application for
certification within a certain time;
(2)
clarify that a candidate may receive a matching public
contribution during the general election for certain unmatched
qualifying contributions received during the primary election;
and
(3)
permit a candidate to use unspent funds returned to the County
after an election as a credit against any repayment required for
a public contribution mistakenly received.
PROBLEM:
The issues addressed in the Bill arose during the initial
implementation of the Public Campaign Financing Law.
GOALS AND
To resolve the outstanding issues in the Law.
OBJECTIVES:
COORDINATION:
Finance, County Attorney
FISCAL IMPACT:
Office of Management and Budget, Finance
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
To be determined.
NIA
NIA
Robert H. Drummer, Senior Legislative Attorney
APPLICATION
WITHIN
MUNICIPALITIES:
Not applicable
PENALTIES:
NIA
F:\LA W\BILLS\1725 Elections - Public Campaign Finance - Amendments\LRR.Docx
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MARYLAND
STATE BOARD OF ELECTIONS
P.O. BOX 6486, ANNAPOLIS, MD 21401-0486
David
J.
McManus, Chairman
Patrick
J.
Hogan, Vice Chairman
Michael R. Cogan
Kelley Howells
Gloria Lawlah
PHONE (410) 269-2840
Linda H. Lamone
Administrator
Nikki
Charlson
Deputy Administrator
June 22, 2017
Montgomery County Council
Government Operations and Fiscal Policy Committee
Montgomery County Public Election Fund
Current Status of the Program:
The Montgomery law was the model for Howard County to implement its public
financing program.
17 candidates have filed a declaration of intent to participate.
The first day to file a report for certification is July 4.
Software changes have been made and implemented to receive the additional
requirements necessary to receive reports and calculate the public contributio_n.
A Summary Guide has been published detailing the program requirements and including
a "how to" on filing reports.
A webinar is scheduled for July 11- a powerpoint slideshow will be provided.
Additionally, the webinar will be recorded and published for others to watch at their
own convenience.
Resources:
Current resources are spread thin.
The county should provide for sufficient personnel to administer and implement
outreach, coordinate between the Committee to Recommend Funding for the Public
Election Fund, SBE and the Department of Finance, and answer questions from
candidates and the public.
Additional resources are needed for any post-election audit. The Department of
Finance should be the lead in conducting any audit of public finances received.
Legislative Fixes:
As the program gains more and more participants, new issues have arisen that require
legislative action for the next election to provide clarity.
Here are some of the issues that the Department of Finance and SBE have identified:
o What is the definition of a county resident? Is there a time limit needed to
reside in-County in order be considered a county resident?
o Are there any violations that would remove a candidate from the program or
can a candidate remedy the violation and remain a certified candidate?
• Who determines what these violations are and when one is
committed?
FAX
(410) 974- 2019
MD Relay Service
(800) 735-2258
Toll Free Phone Number
(800) 222-8683
http://www.elections.maryland.gov
151
West Street Suite
200
Annannlic;_
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o
o
o
Do qualifying contributions received and used in a primary election but not
matched due to a candidate achieving the maximum threshold remain eligible
for matching for the general election?
Do contested elections include write-in candidates or only candidates listed on
the ballot?
Personal liability for candidates, treasurers, and chairs and whether there are
any penalties for violations committed by contributors.