§ 13-604.2

Maryland § 13-604.2

• Jurisdiction: Maryland
• Article gel: Election Law
• Title: 13

Text

(a) A candidate for election to the central committee of a political party shall pay a civil penalty of $1,000 in accordance with subsections (b) through (f) of this section if the candidate:

(1) is not exempt from § 13–202 of this title and fails to conduct campaign finance activity through a campaign finance entity; or

(2) violates § 13–221(c) or § 13–305.1 of this title.

(b) (1) If the State Prosecutor or the State’s Attorney with jurisdiction determines that a candidate is required to pay a civil penalty under subsection (a) of this section, the State Prosecutor, the State’s Attorney, or both shall issue to the candidate a civil citation that contains:

(i) the name and address of the candidate cited;

(ii) the nature, time, and place of the violation;

(iii) the manner in which the violation occurred;

(iv) the penalty for the violation;

(v) the manner and time in which to pay the penalty;

(vi) where to pay the penalty; and

(vii) a statement that the candidate receiving the citation has a right to a trial in the District Court.

(2) The prosecuting authority who issues a citation under paragraph (1) of this subsection shall file the citation in the District Court.

(c) The citation shall be served in accordance with the Maryland Rules.

(d) (1) On receipt of the return of service, the District Court shall schedule the case for trial and notify the candidate named in the citation of the trial date.

(2) The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§ 6–108, 6–109, and 6–111 through 6–115 of the Local Government Article.

(3) An adjudication of a violation under this subsection:

(i) is not a criminal conviction; and

(ii) does not carry with it any of the civil disabilities that arise from a criminal conviction.

(e) A candidate who is adjudicated in violation as set forth in a citation issued under subsection (b) of this section is liable for the cost of the District Court proceedings.

(f) If a candidate who has been served with a citation fails to appear for trial, the District Court, at the request of the prosecutor, may dismiss the citation or enter a civil judgment against the candidate:

(1) in favor of the State Board;

(2) in accordance with the Maryland Rules; and

(3) in an amount of $1,000.

(g) Penalties collected under this section shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article.