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PARRIS N. GLENDENING, Governor
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Ch. 291
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have included a person "acting on behalf of" the official.
In subsections (b) and (e)(1) and (3) of this section, the defined term
"campaign finance entity" is substituted for the former reference to a
"committee", "political committee", and "authorized candidate campaign
committee" for clarity. See General Revisor's Note to this title and § 1-101
of this article.
In subsection (b)(2) of this section, the former reference to conducting an
event "to receive a contribution" is deleted as included in the reference to a
"fund-raising event".
In subsection (b)(4) of this section, the injunction that certain persons may
not deposit "or otherwise use" certain contributions is added for clarity to
cover contributions other than money.
Also in subsection (b)(4) of this section, the phrase "regardless of when" is
substituted for the former phrase "before the convening of the regular
session" for clarity and accuracy.
In subsection (d) of this section, the reference to the "Public Financing Act"
is substituted for the former reference to the "Fair Campaign Financing
Act" to reflect the correct short title for the Act. See § 15-111 of this article.
Also in subsection (d) of this section, the term "gubernatorial ticket" is
substituted for the former term "eligible candidate" for consistency with
the terminology used in Title 15 of this article and because a gubernatorial
ticket does not become an eligible ticket unless it first qualifies for that
status under the Public Financing Act.
Also in subsection (d) of this section, the former reference to an eligible
candidate that "has applied for and accepts a public contribution from the
Fair Campaign Financing Fund" is deleted as surplusage.
In subsection (e)(3)(ii) of this section, the reference to a civil penalty "that
equals the sum of $1,000 plus" the amount of the contribution is
substituted for the former reference to a civil penalty "of $1,000 and the
amount of the contribution" for clarity.
The Election Law Article Review Committee notes, for consideration by the
General Assembly, that former Art. 33, § 13-215(c), which is revised as
subsection (e) of this section, is ambiguous. With regard to the fundraising
activity of an elected official subject to this section, it is not clear whether
the intent of the General Assembly was to provide that both the campaign
finance entity of the elected official and the campaign finance entity that
received the contribution be liable for the violation. If it was the intent of
the General Assembly that only the campaign finance entity that received
the suspect contribution be penalized, then the General Assembly may
wish to repeal subsection (e)(1) of this section as surplusage. In addition, if
it was intended that the campaign finance entity that received the
contribution, the elected official, and the person acting on behalf of the
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- 2551 -
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