Sec. 33.14.02.06. Requests for Contribution — Primary Elections

A. Deadlines for Request. For a primary election, the request shall be filed:

(1) According to the campaign finance reporting schedule in Election Law Article, §13-309, Annotated Code of Maryland, for an authorized candidate campaign committee; and

(2) For subsequent optional requests:

(a) The first and third Tuesdays in January, February, March, April, May, and June; and

(b) Not later than the second Tuesday after the primary, which will cover contributions received from the date of the candidate’s last request for public contribution through the primary election.

B. Contents of Request. Each request shall be under the penalty of perjury and include:

(1) The date of the preceding request, if any;

(2) The amount of public contribution received to date, if any;

(3) The transaction period covered for the request of public contributions;

(4) The total number of eligible private contributions received;

(5) The total amount of public contributions requested for the transaction period; and

(6) A campaign finance report for the transaction period detailing:

(a) All contributions received, including:

(i) Any in-kind contributions received by the political committee; and

(ii) Designating contributions eligible for a full or partial public fund match request;

(b) All expenditures made including any in-kind contributions received by the political committee as an authorized expenditure by the political committee; and

(c) All outstanding obligations incurred.

C. Fund Allocations.

(1) The State Board interprets the Act to require that a candidate file a certificate of candidacy before establishing a gubernatorial ticket candidate committee, filing a notice of intent to qualify or a request for public contribution.

(2) The deadline for filing a certificate of candidacy is established by Election Law Article, §5-303(a)(1), Annotated Code of Maryland.

(3) The State Board does not interpret these provisions to mean that all eligible candidates must file a certificate of candidacy on or before the first date of distribution of public contributions. Rather, the State Board interprets the law to permit eligible candidates using the Fund in the primary election to file certificates of candidacy at any time up until the deadline established under the Election Law Article, §5-303, Annotated Code of Maryland.

(4) Pursuant to Election Law Article, §§15-103, 15-106, and 15-109, Annotated Code of Maryland, the State Board shall allocate the available money in the Fund so that all candidates receive a pro rata share of the full contribution to which they would otherwise be entitled at the time candidates file their certificates of candidacy and request for public contribution.

(5) This interpretation may result in a later filed candidate receiving a lesser portion of public money if there is not sufficient money in the Fund to distribute a full contribution to all the candidates who ultimately filed a request under the Act.

(6) The deadline to submit a certification that seed money required by the Act has been raised for the primary election is the first Tuesday in June.