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Ch. 291
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2002 LAWS OF MARYLAND
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the population of the State "by the State Board" is added for clarity and in
light of the requirement in § 15-109(a)(1) of this title for the State Board to
administer this title.
In subsection (d) of this section, the reference to "members of the"
gubernatorial ticket is added for clarity and consistency with the purpose
of this subsection to impose joint and several liability on each candidate,
i.e., the members of a gubernatorial ticket, and any chairman or treasurer,
for a violation of this title.
Also in subsection (d) of this section, the defined term "responsible officer"
is substituted for the former reference to "any chairman or treasurer". See
§ 1-101 of this article.
The Election Law Article Review Committee notes, for consideration by the
General Assembly, that subsection (d) of this section explicitly provides for
the joint and several liability for the members of the gubernatorial ticket
and, in certain circumstances, the responsible officers of its campaign
finance entity for any expenditure made in violation of this section.
Similarly, in § 15-107(c) of this title, the members of the gubernatorial
ticket and its responsible officers are made jointly and severally liable for
failure to repay the Comptroller any part of a public contribution that is
not spent or that was spent in violation of this title. It seems anomalous
that these are the only two sections of this title that explicitly provide for
such liability.
Defined terms: "Election" § 1-101
"Expenditure" § 1-101
"Gubernatorial ticket" § 15-102
"Public contribution" § 15-102
"Responsible officer" § 1-101
"State Board" § 1-101
15-106. PUBLIC CONTRIBUTIONS — DISTRIBUTIONS.
(A) IN GENERAL.
(1) (I) IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION, THE
STATE BOARD SHALL AUTHORIZE DISTRIBUTION ON A CONTINUING BASIS OF
ONE-HALF OF THE MONEY IN THE FUND TO ELIGIBLE GUBERNATORIAL TICKETS IN
THE PRIMARY ELECTION.
(II) DISTRIBUTIONS SHALL BEGIN NOT LATER THAN FEBRUARY 1
OF THE YEAR OF THE ELECTION.
(2) PROMPTLY AFTER THE PRIMARY ELECTION, THE STATE BOARD
SHALL AUTHORIZE DISTRIBUTION OF THE REMAINING MONEY IN THE FUND IN
ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION.
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(B) INSUFFICIENT MONEY.
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- 2630 -
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