(a) In general.- In this article the following words have the meanings indicated unless a different meaning is clearly intended from the context.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(a).
No changes are made.
(b) Absentee ballot.- "Absentee ballot" means a ballot not used in a polling place.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(b).
No changes are made.
(c) Authorized candidate campaign committee.- "Authorized candidate campaign committee" means a political committee established under Title 13 of this article and authorized by a candidate to promote the candidate's candidacy.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(c).
The only changes are in style.
(d) Ballot or official ballot.-
(1) "Ballot" or "official ballot" includes:
(i) an absentee ballot;
(ii) a provisional ballot;
(iii) a document ballot; or
(iv) a voting machine ballot.
(2) "Ballot" or "official ballot" does not include:
(i) a sample ballot; or
(ii) a specimen ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(d).
No changes are made.
(e) Ballot face.- "Ballot face" means a single side of a sheet on which are printed some or all of the contests to be voted on by a voter.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(e).
No changes are made.
(f) Ballot issue committee.- "Ballot issue committee" means a political committee that is formed to promote the success or defeat of a question to be submitted to a vote at an election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(f).
No changes are made.
(g) Ballot style.- "Ballot style" means a unique aggregation of contests that make up the ballot for a particular group of voters identified by common characteristics of residence location, party affiliation, or both.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(g).
No changes are made.
(h) Campaign finance entity.- "Campaign finance entity" means a political committee established under Title 13 of this article.
(i) Campaign finance report.- "Campaign finance report" means a report, statement, affidavit, or other document that is:
(1) authorized or required under this article;
(2) related to the campaign finance activities of a campaign finance entity or to expenses associated with a legislative newsletter; and
(3) filed or submitted on a form prescribed by the State Board under this article.
Revisor's Note.
Items (1) and (2) of this subsection are new language added for clarity and to consolidate various references to a "report", "campaign fund report", "report of contributions and expenditures", "statement", and other similar references for clarity.
Item (3) of this subsection is new language derived from former Art. 33, § 13-402(a).
(j) Campaign manager.- "Campaign manager" means a person designated by a candidate, or the candidate's representative, to exercise general overall responsibility for the conduct of the candidate's political campaign.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(h).
No changes are made.
(k) Campaign material.-
(1) "Campaign material" means any material that:
(i) contains text, graphics, or other images;
(ii) relates to a candidate, a prospective candidate, or the approval or rejection of a question; and
(iii) is published or distributed.
(2) "Campaign material" includes:
(i) material transmitted by or appearing on the Internet or other electronic medium; and
(ii) an oral commercial campaign advertisement.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, §§ 13-501(a)(1) and 13-502(a)(1) as they related to campaign material.
In paragraph (1)(i) of this subsection, the reference to material that contains "text, graphics, or other images" is substituted for the former reference to "or any other printed, multigraphed, photographed, typewritten, written matter or statement or any matter or statement which may be copied by any device or method or which may hereafter be used for making copies of printed or written matter in any form whatever" for brevity and clarity.
Also in paragraph (1)(i) of this subsection, the former list of examples of campaign materials, "pamphlet, circular, card, . . . nail files, [and] balloons," is deleted as unnecessary in light of the comprehensive reference to "any material that . . . contains text, graphics, or other images".
In paragraph (1)(ii) of this subsection, the former phrase "for public or party office" is deleted as included in the definition of "candidate".
Also in paragraph (1)(ii) of this subsection, the term "question" is substituted for the former reference to a "proposition" for consistency with terminology used elsewhere in this article.
In paragraph (2)(ii) of this subsection, the phrase "an oral commercial campaign advertisement" is added for accuracy, clarity, and consistency with § 13-401 of this article.
(l) Candidate.-
(1) "Candidate" means an individual who files a certificate of candidacy for a public or party office.
(2) "Candidate" includes:
(i) an incumbent judge of the Court of Appeals or Court of Special Appeals at an election for continuance in office; and
(ii) an individual, prior to that individual filing a certificate of candidacy, if a campaign finance entity has been established on behalf of that individual.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 1-101(i).
The reference to the establishment of a "campaign finance entity" is substituted for the former reference to making a "filing" under Title 13 of this article for clarity and consistency with terminology used throughout this article.
(m) Contest.-
(1) "Contest" means:
(i) the aggregate of candidates who run against each other or among themselves for nomination for, or election to, an office or multiple offices of the same category; or
(ii) the positive and negative voting options for a question submitted to the voters.
(2) "Contest" includes, in a general election for an office, the write-in option.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(j).
No changes are made.
(n) Continuing political committee.- "Continuing political committee" means a political committee that is permitted to continue in existence from year to year.
Revisor's Note.
This subsection is new language added for clarity and to conform to terminology used in Title 13 of this article.
(o) Contribution.-
(1) "Contribution" means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a campaign finance entity to promote or assist in the promotion of the success or defeat of a candidate, political party, or question.
(2) "Contribution" includes proceeds from the sale of tickets to a campaign fund-raising event.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(k).
The defined term "campaign finance entity" is substituted for the former reference to a "candidate, the candidate's representative, or a representative of any political party or partisan organization" for clarity and to conform to terminology used throughout this article. See General Revisor's Note to this title.
No other changes are made.
(p) County.- "County" means a county of the State or Baltimore City.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(l).
No changes are made.
(q) Disabled.- "Disabled" means having a temporary or permanent physical disability.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(s).
The defined term "disabled" is substituted for the former defined term "handicapped" to conform to current terminology used throughout the Code.
No other changes are made.
(r) Distributor.-
(1) "Distributor" means a person engaged for profit in the distribution of campaign material by hand delivery or direct mail.
(2) "Distributor" does not include salaried employees, agents, or volunteers of the person.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 13-502(b).
The former references to "persons, partnership, or corporation" and to "persons, partnerships, or corporations" are deleted as included in the comprehensive reference to a person. See Art. 1, § 15.
The defined term "campaign material" is substituted for the former reference to "circulars, pamphlets, and other advertisements" for clarity.
(s) Document ballot.-
(1) "Document ballot" means a ballot used with a voting system in which the voter individually is issued a ballot on which to indicate one or more votes.
(2) "Document ballot" includes:
(i) a machine-read ballot, such as an optically scanned ballot; and
(ii) a hand-counted paper ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(m).
No changes are made.
(t) Driver's license.- "Driver's license" includes an identification card issued by the Motor Vehicle Administration.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(n).
No changes are made.
(u) Elderly.- "Elderly" means 65 years of age or older.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(o).
No changes are made.
(v) Election.-
(1) "Election" means the process by which voters cast votes on one or more contests under the laws of this State or the United States.
(2) "Election" includes, unless otherwise specifically provided in this article, all general elections, primary elections, and special elections.
(3) "Election" does not include, unless otherwise specifically provided in this article, a municipal election other than in Baltimore City.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(p).
No changes are made.
(w) Election cycle.- "Election cycle" means the period that begins on the January 1 that follows a gubernatorial election and continues until the December 31 that is 4 years later.
Revisor's Note.
This subsection is new language added for clarity.
(x) Election register.- "Election register" means the list of voters eligible to vote:
(1) in a precinct on election day; or
(2) in a county early voting center during early voting.
(y) Electronic signature.- "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(z) Electronic storage format.- "Electronic storage format" means a computer disk or other information storage and retrieval medium approved by the State Board.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(q).
No changes are made.
(aa) Expenditure.- "Expenditure" means a gift, transfer, disbursement, or promise of money or a thing of value by or on behalf of a campaign finance entity to:
(1) promote or assist in the promotion of the success or defeat of a candidate, political party, or question at an election; or
(2) pay for the publication expense of a legislative newsletter under Title 13, Subtitle 4 of this article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 1-101(r).
The phrase "on behalf of" is added for clarity and accuracy.
The reference to a "campaign finance entity" is substituted for the former reference to a "candidate, treasurer, or other agent of the candidate, political party, or partisan organization" for clarity and to conform to terminology used throughout this article.
(bb) Independent expenditure.- "Independent expenditure" means an expenditure by a person to aid or promote the success or defeat of a candidate if the expenditure is not made in coordination with, or at the request or suggestion of, the candidate, a campaign finance entity of the candidate, or an agent of the candidate.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(t).
The former reference to an expenditure by a "person or political committee" is deleted as surplusage.
The defined term "campaign finance entity" is substituted for the former reference to "authorized committee" of the candidate for clarity and consistency with terminology used in Title 13 of this article.
The only other changes are in style.
(cc) Local board.- "Local board" means a county board of elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(v).
No changes are made.
(dd) Majority party.- "Majority party" means the political party to which the incumbent Governor belongs, if the incumbent Governor is a member of a principal political party. If the incumbent Governor is not a member of one of the two principal political parties, "majority party" means the principal political party whose candidate for Governor received the highest number of votes of any party candidate at the last preceding general election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(w).
No changes are made.
(ee) Partisan organization.- "Partisan organization" means a combination of two or more individuals formed for the purpose of organizing a new political party.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(x).
No changes are made.
(ff) Political action committee.- "Political action committee" means a political committee that is not:
(1) a political party;
(2) a central committee;
(3) a slate;
(4) a political committee organized and operated solely to support or oppose a single candidate; or
(5) a political committee organized and operated solely to support or oppose a ballot issue.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(y).
No changes are made.
(gg) Political committee.- "Political committee" means a combination of two or more individuals that assists or attempts to assist in promoting the success or defeat of a candidate, political party, or question submitted to a vote at any election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(z).
No changes are made.
(hh) Political party.- "Political party" means an organized group that is qualified as a political party in accordance with Title 4 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(aa).
No changes are made.
(ii) Precinct.- "Precinct" includes:
(1) an election district in a county that is not divided into precincts;
(2) an election precinct in an election district that is divided into precincts; or
(3) a precinct in a ward of the City of Baltimore.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(bb).
No changes are made.
(jj) Principal minority party.- "Principal minority party" means the principal political party whose candidate for Governor received the second highest number of votes of any party candidate at the last preceding general election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(dd).
No changes are made.
(kk) Principal political parties.- "Principal political parties" means the majority party and the principal minority party.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ee).
No changes are made.
(ll) Provisional ballot.- "Provisional ballot" means a ballot that is cast by an individual but not counted until the individual's qualifications to vote have been confirmed by the local board.
Special Revisor's Note.
As enacted by Ch. 291, Acts of 2002, this subsection formerly was Art. 33, § 1-101(ff). However, Ch. 404, Acts of 2002, substituted the word "after" for the former phrase "on election day by the local board at the precinct where" to alter the period in which an absentee ballot may be distributed to an individual.
No other changes were made by Ch. 291.
(mm) Responsible officers.- "Responsible officers" means the chairman and treasurer of a political committee.
(nn) Sample ballot.- "Sample ballot" means a facsimile of a ballot used for informational purposes by a person or entity other than a local board.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(hh).
No changes are made.
(oo) Slate.- "Slate" means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ii).
No changes are made.
(pp) Specimen ballot.- "Specimen ballot" means a facsimile of a ballot used by a local board to provide notice to registered voters of the contents of the ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(jj).
No changes are made.
(qq) State Administrator.- "State Administrator" means the State Administrator of Elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(kk).
No changes are made.
(rr) State Board.- "State Board" means the State Board of Elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ll).
No changes are made.
(ss) Transfer.- "Transfer" means a monetary contribution that is made by one campaign finance entity to another campaign finance entity, other than one made by or to a political club.
Revisor's Note.
This subsection is new language added to distinguish a payment from one campaign finance entity to another campaign finance entity from a payment from a person other than a campaign finance entity to a campaign finance entity and for consistency with Title 13 of this article.
(tt) Treasurer.- "Treasurer" means an individual appointed in accordance with Title 13, Subtitle 2 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(mm).
The former phrase "by a candidate, political agent, political committee, political party, or partisan organization to receive or disburse money or other things of value to promote or assist in the promotion of the success or defeat of a candidate, political party, or question submitted to a vote at an election" is deleted as surplusage and in light of the provisions in Title 13, Subtitle 2 of this article governing the appointment of a treasurer by a campaign finance entity.
The only other changes are in style.
(uu) Vote.- "Vote" means to cast a ballot that is counted.
(vv) Voting machine.- "Voting machine" includes:
(1) a mechanical lever machine; and
(2) a direct recording electronic voting device.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(nn).
No changes are made.
(ww) Voting machine ballot.- "Voting machine ballot" means a ballot posted on or in the voting machine and referred to by the voter to indicate the voting locations for each contest.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(oo).
No changes are made.
(xx) Voting system.- "Voting system" means a method of casting and tabulating ballots or votes.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(pp).
No changes are made.
(yy) Write-in candidate.- "Write-in candidate" means an individual whose name will not appear on the ballot but who files a certificate of candidacy in accordance with § 5-303 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(qq).
No changes are made.
(zz) Write-in vote.- "Write-in vote" means a vote cast, in a contest at a general election, for an individual whose name is not on the ballot for that contest.
(a) In general.- In this article the following words have the meanings indicated unless a different meaning is clearly intended from the context.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(a).
No changes are made.
(b) Absentee ballot.- "Absentee ballot" means a ballot not used in a polling place.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(b).
No changes are made.
(c) Authorized candidate campaign committee.- "Authorized candidate campaign committee" means a political committee established under Title 13 of this article and authorized by a candidate to promote the candidate's candidacy.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(c).
The only changes are in style.
(d) Ballot or official ballot.-
(1) "Ballot" or "official ballot" includes:
(i) an absentee ballot;
(ii) a provisional ballot;
(iii) a document ballot; or
(iv) a voting machine ballot.
(2) "Ballot" or "official ballot" does not include:
(i) a sample ballot; or
(ii) a specimen ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(d).
No changes are made.
(e) Ballot face.- "Ballot face" means a single side of a sheet on which are printed some or all of the contests to be voted on by a voter.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(e).
No changes are made.
(f) Ballot issue committee.- "Ballot issue committee" means a political committee that is formed to promote the success or defeat of a question to be submitted to a vote at an election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(f).
No changes are made.
(g) Ballot style.- "Ballot style" means a unique aggregation of contests that make up the ballot for a particular group of voters identified by common characteristics of residence location, party affiliation, or both.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(g).
No changes are made.
(h) Campaign finance entity.- "Campaign finance entity" means a political committee established under Title 13 of this article.
(i) Campaign finance report.- "Campaign finance report" means a report, statement, affidavit, or other document that is:
(1) authorized or required under this article;
(2) related to the campaign finance activities of a campaign finance entity or to expenses associated with a legislative newsletter; and
(3) filed or submitted on a form prescribed by the State Board under this article.
Revisor's Note.
Items (1) and (2) of this subsection are new language added for clarity and to consolidate various references to a "report", "campaign fund report", "report of contributions and expenditures", "statement", and other similar references for clarity.
Item (3) of this subsection is new language derived from former Art. 33, § 13-402(a).
(j) Campaign manager.- "Campaign manager" means a person designated by a candidate, or the candidate's representative, to exercise general overall responsibility for the conduct of the candidate's political campaign.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(h).
No changes are made.
(k) Campaign material.-
(1) "Campaign material" means any material that:
(i) contains text, graphics, or other images;
(ii) relates to a candidate, a prospective candidate, or the approval or rejection of a question; and
(iii) is published or distributed.
(2) "Campaign material" includes:
(i) material transmitted by or appearing on the Internet or other electronic medium; and
(ii) an oral commercial campaign advertisement.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, §§ 13-501(a)(1) and 13-502(a)(1) as they related to campaign material.
In paragraph (1)(i) of this subsection, the reference to material that contains "text, graphics, or other images" is substituted for the former reference to "or any other printed, multigraphed, photographed, typewritten, written matter or statement or any matter or statement which may be copied by any device or method or which may hereafter be used for making copies of printed or written matter in any form whatever" for brevity and clarity.
Also in paragraph (1)(i) of this subsection, the former list of examples of campaign materials, "pamphlet, circular, card, . . . nail files, [and] balloons," is deleted as unnecessary in light of the comprehensive reference to "any material that . . . contains text, graphics, or other images".
In paragraph (1)(ii) of this subsection, the former phrase "for public or party office" is deleted as included in the definition of "candidate".
Also in paragraph (1)(ii) of this subsection, the term "question" is substituted for the former reference to a "proposition" for consistency with terminology used elsewhere in this article.
In paragraph (2)(ii) of this subsection, the phrase "an oral commercial campaign advertisement" is added for accuracy, clarity, and consistency with § 13-401 of this article.
(l) Candidate.-
(1) "Candidate" means an individual who files a certificate of candidacy for a public or party office.
(2) "Candidate" includes:
(i) an incumbent judge of the Court of Appeals or Court of Special Appeals at an election for continuance in office; and
(ii) an individual, prior to that individual filing a certificate of candidacy, if a campaign finance entity has been established on behalf of that individual.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 1-101(i).
The reference to the establishment of a "campaign finance entity" is substituted for the former reference to making a "filing" under Title 13 of this article for clarity and consistency with terminology used throughout this article.
(m) Contest.-
(1) "Contest" means:
(i) the aggregate of candidates who run against each other or among themselves for nomination for, or election to, an office or multiple offices of the same category; or
(ii) the positive and negative voting options for a question submitted to the voters.
(2) "Contest" includes, in a general election for an office, the write-in option.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(j).
No changes are made.
(n) Continuing political committee.- "Continuing political committee" means a political committee that is permitted to continue in existence from year to year.
Revisor's Note.
This subsection is new language added for clarity and to conform to terminology used in Title 13 of this article.
(o) Contribution.-
(1) "Contribution" means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a campaign finance entity to promote or assist in the promotion of the success or defeat of a candidate, political party, or question.
(2) "Contribution" includes proceeds from the sale of tickets to a campaign fund-raising event.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(k).
The defined term "campaign finance entity" is substituted for the former reference to a "candidate, the candidate's representative, or a representative of any political party or partisan organization" for clarity and to conform to terminology used throughout this article. See General Revisor's Note to this title.
No other changes are made.
(p) County.- "County" means a county of the State or Baltimore City.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(l).
No changes are made.
(q) Disabled.- "Disabled" means having a temporary or permanent physical disability.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(s).
The defined term "disabled" is substituted for the former defined term "handicapped" to conform to current terminology used throughout the Code.
No other changes are made.
(r) Distributor.-
(1) "Distributor" means a person engaged for profit in the distribution of campaign material by hand delivery or direct mail.
(2) "Distributor" does not include salaried employees, agents, or volunteers of the person.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 13-502(b).
The former references to "persons, partnership, or corporation" and to "persons, partnerships, or corporations" are deleted as included in the comprehensive reference to a person. See Art. 1, § 15.
The defined term "campaign material" is substituted for the former reference to "circulars, pamphlets, and other advertisements" for clarity.
(s) Document ballot.-
(1) "Document ballot" means a ballot used with a voting system in which the voter individually is issued a ballot on which to indicate one or more votes.
(2) "Document ballot" includes:
(i) a machine-read ballot, such as an optically scanned ballot; and
(ii) a hand-counted paper ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(m).
No changes are made.
(t) Driver's license.- "Driver's license" includes an identification card issued by the Motor Vehicle Administration.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(n).
No changes are made.
(u) Elderly.- "Elderly" means 65 years of age or older.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(o).
No changes are made.
(v) Election.-
(1) "Election" means the process by which voters cast votes on one or more contests under the laws of this State or the United States.
(2) "Election" includes, unless otherwise specifically provided in this article, all general elections, primary elections, and special elections.
(3) "Election" does not include, unless otherwise specifically provided in this article, a municipal election other than in Baltimore City.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(p).
No changes are made.
(w) Election cycle.- "Election cycle" means the period that begins on the January 1 that follows a gubernatorial election and continues until the December 31 that is 4 years later.
Revisor's Note.
This subsection is new language added for clarity.
(x) Election register.- "Election register" means the list of voters eligible to vote:
(1) in a precinct on election day; or
(2) in a county early voting center during early voting.
(y) Electronic signature.- "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(z) Electronic storage format.- "Electronic storage format" means a computer disk or other information storage and retrieval medium approved by the State Board.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(q).
No changes are made.
(aa) Expenditure.- "Expenditure" means a gift, transfer, disbursement, or promise of money or a thing of value by or on behalf of a campaign finance entity to:
(1) promote or assist in the promotion of the success or defeat of a candidate, political party, or question at an election; or
(2) pay for the publication expense of a legislative newsletter under Title 13, Subtitle 4 of this article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 1-101(r).
The phrase "on behalf of" is added for clarity and accuracy.
The reference to a "campaign finance entity" is substituted for the former reference to a "candidate, treasurer, or other agent of the candidate, political party, or partisan organization" for clarity and to conform to terminology used throughout this article.
(bb) Independent expenditure.- "Independent expenditure" means an expenditure by a person to aid or promote the success or defeat of a candidate if the expenditure is not made in coordination with, or at the request or suggestion of, the candidate, a campaign finance entity of the candidate, or an agent of the candidate.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(t).
The former reference to an expenditure by a "person or political committee" is deleted as surplusage.
The defined term "campaign finance entity" is substituted for the former reference to "authorized committee" of the candidate for clarity and consistency with terminology used in Title 13 of this article.
The only other changes are in style.
(cc) Local board.- "Local board" means a county board of elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(v).
No changes are made.
(dd) Majority party.- "Majority party" means the political party to which the incumbent Governor belongs, if the incumbent Governor is a member of a principal political party. If the incumbent Governor is not a member of one of the two principal political parties, "majority party" means the principal political party whose candidate for Governor received the highest number of votes of any party candidate at the last preceding general election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(w).
No changes are made.
(ee) Partisan organization.- "Partisan organization" means a combination of two or more individuals formed for the purpose of organizing a new political party.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(x).
No changes are made.
(ff) Political action committee.- "Political action committee" means a political committee that is not:
(1) a political party;
(2) a central committee;
(3) a slate;
(4) a political committee organized and operated solely to support or oppose a single candidate; or
(5) a political committee organized and operated solely to support or oppose a ballot issue.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(y).
No changes are made.
(gg) Political committee.- "Political committee" means a combination of two or more individuals that assists or attempts to assist in promoting the success or defeat of a candidate, political party, or question submitted to a vote at any election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(z).
No changes are made.
(hh) Political party.- "Political party" means an organized group that is qualified as a political party in accordance with Title 4 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(aa).
No changes are made.
(ii) Precinct.- "Precinct" includes:
(1) an election district in a county that is not divided into precincts;
(2) an election precinct in an election district that is divided into precincts; or
(3) a precinct in a ward of the City of Baltimore.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(bb).
No changes are made.
(jj) Principal minority party.- "Principal minority party" means the principal political party whose candidate for Governor received the second highest number of votes of any party candidate at the last preceding general election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(dd).
No changes are made.
(kk) Principal political parties.- "Principal political parties" means the majority party and the principal minority party.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ee).
No changes are made.
(ll) Provisional ballot.- "Provisional ballot" means a ballot that is cast by an individual but not counted until the individual's qualifications to vote have been confirmed by the local board.
Special Revisor's Note.
As enacted by Ch. 291, Acts of 2002, this subsection formerly was Art. 33, § 1-101(ff). However, Ch. 404, Acts of 2002, substituted the word "after" for the former phrase "on election day by the local board at the precinct where" to alter the period in which an absentee ballot may be distributed to an individual.
No other changes were made by Ch. 291.
(mm) Responsible officers.- "Responsible officers" means the chairman and treasurer of a political committee.
(nn) Sample ballot.- "Sample ballot" means a facsimile of a ballot used for informational purposes by a person or entity other than a local board.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(hh).
No changes are made.
(oo) Slate.- "Slate" means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ii).
No changes are made.
(pp) Specimen ballot.- "Specimen ballot" means a facsimile of a ballot used by a local board to provide notice to registered voters of the contents of the ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(jj).
No changes are made.
(qq) State Administrator.- "State Administrator" means the State Administrator of Elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(kk).
No changes are made.
(rr) State Board.- "State Board" means the State Board of Elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ll).
No changes are made.
(ss) Transfer.- "Transfer" means a monetary contribution that is made by one campaign finance entity to another campaign finance entity, other than one made by or to a political club.
Revisor's Note.
This subsection is new language added to distinguish a payment from one campaign finance entity to another campaign finance entity from a payment from a person other than a campaign finance entity to a campaign finance entity and for consistency with Title 13 of this article.
(tt) Treasurer.- "Treasurer" means an individual appointed in accordance with Title 13, Subtitle 2 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(mm).
The former phrase "by a candidate, political agent, political committee, political party, or partisan organization to receive or disburse money or other things of value to promote or assist in the promotion of the success or defeat of a candidate, political party, or question submitted to a vote at an election" is deleted as surplusage and in light of the provisions in Title 13, Subtitle 2 of this article governing the appointment of a treasurer by a campaign finance entity.
The only other changes are in style.
(uu) Vote.- "Vote" means to cast a ballot that is counted.
(vv) Voting machine.- "Voting machine" includes:
(1) a mechanical lever machine; and
(2) a direct recording electronic voting device.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(nn).
No changes are made.
(ww) Voting machine ballot.- "Voting machine ballot" means a ballot posted on or in the voting machine and referred to by the voter to indicate the voting locations for each contest.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(oo).
No changes are made.
(xx) Voting system.- "Voting system" means a method of casting and tabulating ballots or votes.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(pp).
No changes are made.
(yy) Write-in candidate.- "Write-in candidate" means an individual whose name will not appear on the ballot but who files a certificate of candidacy in accordance with § 5-303 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(qq).
No changes are made.
(zz) Write-in vote.- "Write-in vote" means a vote cast, in a contest at a general election, for an individual whose name is not on the ballot for that contest.
(a) In general.- In this article the following words have the meanings indicated unless a different meaning is clearly intended from the context.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(a).
No changes are made.
(b) Absentee ballot.- "Absentee ballot" means a ballot not used in a polling place.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(b).
No changes are made.
(c) Authorized candidate campaign committee.- "Authorized candidate campaign committee" means a political committee established under Title 13 of this article and authorized by a candidate to promote the candidate's candidacy.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(c).
The only changes are in style.
(d) Ballot or official ballot.-
(1) "Ballot" or "official ballot" includes:
(i) an absentee ballot;
(ii) a provisional ballot;
(iii) a document ballot; or
(iv) a voting machine ballot.
(2) "Ballot" or "official ballot" does not include:
(i) a sample ballot; or
(ii) a specimen ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(d).
No changes are made.
(e) Ballot face.- "Ballot face" means a single side of a sheet on which are printed some or all of the contests to be voted on by a voter.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(e).
No changes are made.
(f) Ballot issue committee.- "Ballot issue committee" means a political committee that is formed to promote the success or defeat of a question to be submitted to a vote at an election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(f).
No changes are made.
(g) Ballot style.- "Ballot style" means a unique aggregation of contests that make up the ballot for a particular group of voters identified by common characteristics of residence location, party affiliation, or both.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(g).
No changes are made.
(h) Campaign finance entity.- "Campaign finance entity" means a political committee established under Title 13 of this article.
(i) Campaign finance report.- "Campaign finance report" means a report, statement, affidavit, or other document that is:
(1) authorized or required under this article;
(2) related to the campaign finance activities of a campaign finance entity or to expenses associated with a legislative newsletter; and
(3) filed or submitted on a form prescribed by the State Board under this article.
Revisor's Note.
Items (1) and (2) of this subsection are new language added for clarity and to consolidate various references to a "report", "campaign fund report", "report of contributions and expenditures", "statement", and other similar references for clarity.
Item (3) of this subsection is new language derived from former Art. 33, § 13-402(a).
(j) Campaign manager.- "Campaign manager" means a person designated by a candidate, or the candidate's representative, to exercise general overall responsibility for the conduct of the candidate's political campaign.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(h).
No changes are made.
(k) Campaign material.-
(1) "Campaign material" means any material that:
(i) contains text, graphics, or other images;
(ii) relates to a candidate, a prospective candidate, or the approval or rejection of a question; and
(iii) is published or distributed.
(2) "Campaign material" includes:
(i) material transmitted by or appearing on the Internet or other electronic medium; and
(ii) an oral commercial campaign advertisement.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, §§ 13-501(a)(1) and 13-502(a)(1) as they related to campaign material.
In paragraph (1)(i) of this subsection, the reference to material that contains "text, graphics, or other images" is substituted for the former reference to "or any other printed, multigraphed, photographed, typewritten, written matter or statement or any matter or statement which may be copied by any device or method or which may hereafter be used for making copies of printed or written matter in any form whatever" for brevity and clarity.
Also in paragraph (1)(i) of this subsection, the former list of examples of campaign materials, "pamphlet, circular, card, . . . nail files, [and] balloons," is deleted as unnecessary in light of the comprehensive reference to "any material that . . . contains text, graphics, or other images".
In paragraph (1)(ii) of this subsection, the former phrase "for public or party office" is deleted as included in the definition of "candidate".
Also in paragraph (1)(ii) of this subsection, the term "question" is substituted for the former reference to a "proposition" for consistency with terminology used elsewhere in this article.
In paragraph (2)(ii) of this subsection, the phrase "an oral commercial campaign advertisement" is added for accuracy, clarity, and consistency with § 13-401 of this article.
(l) Candidate.-
(1) "Candidate" means an individual who files a certificate of candidacy for a public or party office.
(2) "Candidate" includes:
(i) an incumbent judge of the Court of Appeals or Court of Special Appeals at an election for continuance in office; and
(ii) an individual, prior to that individual filing a certificate of candidacy, if a campaign finance entity has been established on behalf of that individual.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 1-101(i).
The reference to the establishment of a "campaign finance entity" is substituted for the former reference to making a "filing" under Title 13 of this article for clarity and consistency with terminology used throughout this article.
(m) Contest.-
(1) "Contest" means:
(i) the aggregate of candidates who run against each other or among themselves for nomination for, or election to, an office or multiple offices of the same category; or
(ii) the positive and negative voting options for a question submitted to the voters.
(2) "Contest" includes, in a general election for an office, the write-in option.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(j).
No changes are made.
(n) Continuing political committee.- "Continuing political committee" means a political committee that is permitted to continue in existence from year to year.
Revisor's Note.
This subsection is new language added for clarity and to conform to terminology used in Title 13 of this article.
(o) Contribution.-
(1) "Contribution" means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a campaign finance entity to promote or assist in the promotion of the success or defeat of a candidate, political party, or question.
(2) "Contribution" includes proceeds from the sale of tickets to a campaign fund-raising event.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(k).
The defined term "campaign finance entity" is substituted for the former reference to a "candidate, the candidate's representative, or a representative of any political party or partisan organization" for clarity and to conform to terminology used throughout this article. See General Revisor's Note to this title.
No other changes are made.
(p) County.- "County" means a county of the State or Baltimore City.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(l).
No changes are made.
(q) Disabled.- "Disabled" means having a temporary or permanent physical disability.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(s).
The defined term "disabled" is substituted for the former defined term "handicapped" to conform to current terminology used throughout the Code.
No other changes are made.
(r) Distributor.-
(1) "Distributor" means a person engaged for profit in the distribution of campaign material by hand delivery or direct mail.
(2) "Distributor" does not include salaried employees, agents, or volunteers of the person.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 13-502(b).
The former references to "persons, partnership, or corporation" and to "persons, partnerships, or corporations" are deleted as included in the comprehensive reference to a person. See Art. 1, § 15.
The defined term "campaign material" is substituted for the former reference to "circulars, pamphlets, and other advertisements" for clarity.
(s) Document ballot.-
(1) "Document ballot" means a ballot used with a voting system in which the voter individually is issued a ballot on which to indicate one or more votes.
(2) "Document ballot" includes:
(i) a machine-read ballot, such as an optically scanned ballot; and
(ii) a hand-counted paper ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(m).
No changes are made.
(t) Driver's license.- "Driver's license" includes an identification card issued by the Motor Vehicle Administration.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(n).
No changes are made.
(u) Elderly.- "Elderly" means 65 years of age or older.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(o).
No changes are made.
(v) Election.-
(1) "Election" means the process by which voters cast votes on one or more contests under the laws of this State or the United States.
(2) "Election" includes, unless otherwise specifically provided in this article, all general elections, primary elections, and special elections.
(3) "Election" does not include, unless otherwise specifically provided in this article, a municipal election other than in Baltimore City.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(p).
No changes are made.
(w) Election cycle.- "Election cycle" means the period that begins on the January 1 that follows a gubernatorial election and continues until the December 31 that is 4 years later.
Revisor's Note.
This subsection is new language added for clarity.
(x) Election register.- "Election register" means the list of voters eligible to vote:
(1) in a precinct on election day; or
(2) in a county early voting center during early voting.
(y) Electronic signature.- "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(z) Electronic storage format.- "Electronic storage format" means a computer disk or other information storage and retrieval medium approved by the State Board.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(q).
No changes are made.
(aa) Expenditure.- "Expenditure" means a gift, transfer, disbursement, or promise of money or a thing of value by or on behalf of a campaign finance entity to:
(1) promote or assist in the promotion of the success or defeat of a candidate, political party, or question at an election; or
(2) pay for the publication expense of a legislative newsletter under Title 13, Subtitle 4 of this article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 33, § 1-101(r).
The phrase "on behalf of" is added for clarity and accuracy.
The reference to a "campaign finance entity" is substituted for the former reference to a "candidate, treasurer, or other agent of the candidate, political party, or partisan organization" for clarity and to conform to terminology used throughout this article.
(bb) Independent expenditure.- "Independent expenditure" means an expenditure by a person to aid or promote the success or defeat of a candidate if the expenditure is not made in coordination with, or at the request or suggestion of, the candidate, a campaign finance entity of the candidate, or an agent of the candidate.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(t).
The former reference to an expenditure by a "person or political committee" is deleted as surplusage.
The defined term "campaign finance entity" is substituted for the former reference to "authorized committee" of the candidate for clarity and consistency with terminology used in Title 13 of this article.
The only other changes are in style.
(cc) Local board.- "Local board" means a county board of elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(v).
No changes are made.
(dd) Majority party.- "Majority party" means the political party to which the incumbent Governor belongs, if the incumbent Governor is a member of a principal political party. If the incumbent Governor is not a member of one of the two principal political parties, "majority party" means the principal political party whose candidate for Governor received the highest number of votes of any party candidate at the last preceding general election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(w).
No changes are made.
(ee) Partisan organization.- "Partisan organization" means a combination of two or more individuals formed for the purpose of organizing a new political party.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(x).
No changes are made.
(ff) Political action committee.- "Political action committee" means a political committee that is not:
(1) a political party;
(2) a central committee;
(3) a slate;
(4) a political committee organized and operated solely to support or oppose a single candidate; or
(5) a political committee organized and operated solely to support or oppose a ballot issue.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(y).
No changes are made.
(gg) Political committee.- "Political committee" means a combination of two or more individuals that assists or attempts to assist in promoting the success or defeat of a candidate, political party, or question submitted to a vote at any election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(z).
No changes are made.
(hh) Political party.- "Political party" means an organized group that is qualified as a political party in accordance with Title 4 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(aa).
No changes are made.
(ii) Precinct.- "Precinct" includes:
(1) an election district in a county that is not divided into precincts;
(2) an election precinct in an election district that is divided into precincts; or
(3) a precinct in a ward of the City of Baltimore.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(bb).
No changes are made.
(jj) Principal minority party.- "Principal minority party" means the principal political party whose candidate for Governor received the second highest number of votes of any party candidate at the last preceding general election.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(dd).
No changes are made.
(kk) Principal political parties.- "Principal political parties" means the majority party and the principal minority party.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ee).
No changes are made.
(ll) Provisional ballot.- "Provisional ballot" means a ballot that is cast by an individual but not counted until the individual's qualifications to vote have been confirmed by the local board.
Special Revisor's Note.
As enacted by Ch. 291, Acts of 2002, this subsection formerly was Art. 33, § 1-101(ff). However, Ch. 404, Acts of 2002, substituted the word "after" for the former phrase "on election day by the local board at the precinct where" to alter the period in which an absentee ballot may be distributed to an individual.
No other changes were made by Ch. 291.
(mm) Responsible officers.- "Responsible officers" means the chairman and treasurer of a political committee.
(nn) Sample ballot.- "Sample ballot" means a facsimile of a ballot used for informational purposes by a person or entity other than a local board.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(hh).
No changes are made.
(oo) Slate.- "Slate" means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ii).
No changes are made.
(pp) Specimen ballot.- "Specimen ballot" means a facsimile of a ballot used by a local board to provide notice to registered voters of the contents of the ballot.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(jj).
No changes are made.
(qq) State Administrator.- "State Administrator" means the State Administrator of Elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(kk).
No changes are made.
(rr) State Board.- "State Board" means the State Board of Elections.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(ll).
No changes are made.
(ss) Transfer.- "Transfer" means a monetary contribution that is made by one campaign finance entity to another campaign finance entity, other than one made by or to a political club.
Revisor's Note.
This subsection is new language added to distinguish a payment from one campaign finance entity to another campaign finance entity from a payment from a person other than a campaign finance entity to a campaign finance entity and for consistency with Title 13 of this article.
(tt) Treasurer.- "Treasurer" means an individual appointed in accordance with Title 13, Subtitle 2 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(mm).
The former phrase "by a candidate, political agent, political committee, political party, or partisan organization to receive or disburse money or other things of value to promote or assist in the promotion of the success or defeat of a candidate, political party, or question submitted to a vote at an election" is deleted as surplusage and in light of the provisions in Title 13, Subtitle 2 of this article governing the appointment of a treasurer by a campaign finance entity.
The only other changes are in style.
(uu) Vote.- "Vote" means to cast a ballot that is counted.
(vv) Voting machine.- "Voting machine" includes:
(1) a mechanical lever machine; and
(2) a direct recording electronic voting device.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(nn).
No changes are made.
(ww) Voting machine ballot.- "Voting machine ballot" means a ballot posted on or in the voting machine and referred to by the voter to indicate the voting locations for each contest.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(oo).
No changes are made.
(xx) Voting system.- "Voting system" means a method of casting and tabulating ballots or votes.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(pp).
No changes are made.
(yy) Write-in candidate.- "Write-in candidate" means an individual whose name will not appear on the ballot but who files a certificate of candidacy in accordance with § 5-303 of this article.
Revisor's Note.
This subsection formerly was Art. 33, § 1-101(qq).
No changes are made.
(zz) Write-in vote.- "Write-in vote" means a vote cast, in a contest at a general election, for an individual whose name is not on the ballot for that contest.
