Maryland § 13-223

§ 13-223.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Disbursement” means:

            (i)    an independent expenditure for campaign material that is a public communication, as defined in § 13–306 of this title;

            (ii)    a disbursement for electioneering communications, as defined in § 13–307 of this title; or

            (iii)    a political disbursement, as defined in § 13–309.2 of this title.

        (3)    “Donation” has the meaning stated in § 13–306, § 13–307, or § 13–309.2 of this title.

        (4)    “Solicitation” means a request for contributions or donations to a person disseminated through any medium.

    (b)    This section applies only to:

        (1)    a person required to file reports under § 13–306, § 13–307, or § 13–309.2 of this title; and

        (2)    a political action committee that:

            (i)    is not affiliated with a corporation or labor organization; and

            (ii)    exclusively makes independent expenditures or disbursements for electioneering communications.

    (c)    If a person subject to this section solicits for the benefit of a candidate or a political party and uses a candidate’s name, image, or likeness in the solicitation, the person shall clearly and conspicuously include on the solicitation the following disclaimer or a substantially similar disclaimer: “The (name, image, or likeness) of (name of candidate or political party) on this solicitation is included without the knowledge or permission of (name of candidate or political party), and does not imply authorization or approval by (name of candidate or political party).”.

    (d)    If a person subject to this section solicits for what appears to be an electoral or a political purpose, the person shall disclose in a clear and conspicuous manner on each solicitation disseminated by the person:

        (1)    the five recipients to which the person made the largest expenditures or disbursements during the immediately preceding calendar quarter; and

        (2)    the total amount of expenditures or disbursements made to each recipient.

    (e)    (1)    The State Administrator, or the State Administrator’s designee, may investigate a potential violation of this section.

        (2)    The State Administrator, or the State Administrator’s designee, shall:

            (i)    notify a person who is subject to an investigation under this subsection of the circumstances that gave rise to the investigation; and

            (ii)    provide the person ample opportunity to be heard at a public meeting of the State Board.

        (3)    (i)    In furtherance of an investigation under this subsection, the State Administrator, or the State Administrator’s designee, may issue a subpoena for the attendance of a witness to testify or the production of records.

            (ii)    A subpoena issued under this paragraph shall be served in accordance with the Maryland Rules.

            (iii)    For a subpoena to be issued under this paragraph, the State Administrator shall make a finding that the subpoena is necessary to and in furtherance of an investigation being conducted under this subsection.

            (iv)    A filing submitted to a court with respect to a subpoena under this paragraph shall be sealed on filing.

            (v)    If a person fails to comply with a subpoena issued under this paragraph, on petition of the State Administrator, a circuit court of competent jurisdiction may compel compliance with the subpoena.

        (4)    At the conclusion of the investigation and following the hearing under paragraph (2)(ii) of this subsection, the State Board shall issue a public report of its findings and may:

            (i)    prohibit a person who violated this section from soliciting contributions or donations for a period of time determined by the State Board; or

            (ii)    impose a civil penalty on a person who violated this section as provided in subsection (f) of this section.

    (f)    (1)    A person who violates this section is not subject to:

            (i)    a criminal penalty under § 13–603 of this title;

            (ii)    a civil penalty under § 13–604 of this title; or

            (iii)    investigation by the State Prosecutor.

        (2)    The State Board may impose a civil penalty for a violation of this section.

        (3)    A civil penalty:

            (i)    shall be assessed in the manner specified in § 13–604.1 of this title; and

            (ii)    may not exceed $10,000.

    (g)    The State Board may adopt regulations to carry out this section.