Sec. 33.13.10.04. Coordinated Expenditures

A. Prohibited. A person or entity subject to Election Law Article, §§13-306, 13-307, and 13-309.1, Annotated Code of Maryland, may not, with respect to any disbursement, whether actual, planned, or promised, coordinate with:

(1) A candidate;

(2) A campaign finance entity of a candidate, political party or ballot issue; or

(3) An agent of a candidate, political party, or a ballot issue committee.

B. Coordinated Actions. A disbursement or a promise to make a disbursement by a person or entity subject to Election Law Article, §§13-306, 13-307, and 13-309.1, Annotated Code of Maryland, shall be deemed coordinated and an in-kind contribution to the candidate, political party, or ballot issue committee if the disbursement:

(1) Is made at the request, direction, or suggestion of the candidate or agent of the candidate, political party, or ballot issue committee;

(2) Uses campaign material, strategies, or other campaign information that is not generally available to the public and was shared by a candidate or an agent of the candidate, political party, or ballot issue committee including information relating to:

(a) Messaging or content of an advertisement;

(b) Polling data;

(c) Research on a candidate or issue;

(d) Allocation of campaign resources;

(e) Targeted or intended audience; or

(f) Media plans for making a public communication, for example the specific media outlet to be used, the timing, frequency, or schedule for making the communication, and similar information;

(3) Republishes substantial portions of campaign material prepared by the candidate, ballot issue committee or political party;

(4) Is made after details of the disbursement are privately discussed or disclosed with the candidate or agents of the candidate, political party, or ballot issue committee; or

(5) Involves any agreement between the person or entity and the candidate, political party or ballot issue committee regarding payment of expenses or receipt of contributions, including designs or schemes to evade Election Law disclosure requirements or contribution limits.