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Terms Used In Maryland Code, ELECTION LAW 13-244

  • Donor: The person who makes a gift.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) (1) In this section the following words have the meanings indicated.

(2) “Electioneering communication” has the meaning stated in § 13-307 of this title.

(3) “Person” includes a vendor for:

(i) a political committee; or

(ii) a person making independent expenditures or electioneering communications.

(b) (1) A person soliciting a recurring contribution for a political committee or a recurring donation for an independent expenditure or electioneering communication may accept the recurring contribution or donation only if the contributor or donor gives affirmative consent for the recurring contribution or donation.

(2) The passive action of a contributor or donor, including failing to uncheck a pre-checked box authorizing a recurring contribution or donation, does not meet the requirement of affirmative consent under paragraph (1) of this subsection.

(c) If a contributor or donor affirmatively consents to making a recurring contribution or donation, the person soliciting the recurring contribution or donation shall:

(1) in addition to the receipt required under § 13-222 of this subtitle, provide a receipt to the contributor or donor for each contribution or donation that clearly and conspicuously discloses:

(i) the frequency of the recurring contributions or donations;

(ii) the duration of the recurring contributions or donations; and

(iii) all information needed to cancel a recurring contribution or donation; and

(2) immediately cancel the recurring contributions or donations at the request of the contributor or donor.

(d) (1) (i) A political committee that obtains a contribution in violation of this section shall return the contribution to the contributor immediately after obtaining the contribution.

(ii) The amount of any contribution obtained in violation of this section is an outstanding obligation of the political committee that obtained the contribution until the contribution is repaid to the contributor.

(2) (i) A person making independent expenditures or electioneering communications who obtains a donation in violation of this section shall return the donation to the donor immediately after obtaining the donation.

(ii) The amount of any donation obtained in violation of this section is an outstanding obligation of the person making independent expenditures or electioneering communications who obtained the donation until the donation is repaid to the donor.