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(a) In this Section, the following words have the meanings indicated:
Board means the Montgomery County Board of Elections.
Council vacancy means a vacancy on the County Council that must be filled by a special election under this Section.
Executive vacancy means a vacancy in the Office of the County Executive that must be filled by a special election under this Section.
Special election means the combination of a special primary election and a special general election conducted under this Section.
State law means the Election Law Article of the Maryland Code, as amended from time to time, any successor provision, and any other relevant provision of state law.
(b) (1) A vacancy on the Council or an Executive vacancy that occurs before December 1 of the year before a year in which a quadrennial state election will be held must be filled by a special election as provided in this Section.
(2) For a Council vacancy, the special election must be conducted among the registered voters of the Council district represented by the previous member, or among the registered voters of the entire County when the previous member did not represent a Council district.
(3) For an Executive vacancy, the special election must be conducted among the registered voters of the entire County.
(4) The person elected to fill a Council vacancy or an Executive vacancy must meet the same qualifications and residence requirements, but need not be registered to vote in the same political party, as the previous office holder.
(5) The Councilmember or the Executive elected at a special election serves:
(A) from the date the person elected takes the oath of office after the Board (sitting as a Board of Canvassers under state law) certifies the result of the special election; and
(B) for the rest of the unexpired term of the previous office holder.
(c) Except as otherwise provided in this Section, and to the extent applicable:
(1) The special election must be conducted in a manner consistent with provisions of state law that govern special elections to fill vacancies in the office of representative in Congress. The deadlines and time periods required under those provisions of state law apply to a special Council election or a special Executive election unless the Council, acting under subsection (d) or subsection (e), expressly modifies them.
(2) Except as provided in paragraph (1), the general provisions of state and County law that govern quadrennial elections for Councilmembers and the Executive apply to the special election conducted under this Section.
(d) (1) Within 30 days after a Council vacancy or an Executive vacancy occurs, the Council must adopt a resolution that:
(A) sets the dates of the special primary election and the special general election;
(B) sets the timeline for certification of a candidate for public campaign financing for the special primary election and the special general election; and
(C) takes any other action authorized by this Section or state law.
If a Councilmember or the Executive submits a resignation with a later effective date, the vacancy occurs when the Council receives the resignation.
(2) Notwithstanding subsection (c)(1), if the Council vacancy or the Executive vacancy occurs during the period beginning 120 days before the next regular or special primary or general election conducted in the County under state law and ending 40 days before that election, the special primary election provided for by this Section must be held on the same date as the other election. If a second regular or special primary or general election conducted in the County under state law is held more than 30 but less than 60 days after the special primary election referred to in the preceding sentence, the special general election held under this Section must be held on the same date as the second other election.
(3) Notwithstanding any other provision of law, a special primary or special general election under this Section must not be held within 30 days before or after any regular or special primary or general election conducted in the County under state law.
(e) If the Board advises the Council in writing that certain deadlines or other time periods provided by state law cannot be complied with in a special election held under this Section, or that compliance with those deadlines or time periods would be unreasonable or burdensome, the Council may in the resolution set other deadlines or time periods appropriate for the special election held under this Section.
(f) Immediately after adopting a resolution under this Section, the Council must deliver the resolution to the Board.
(g) Within 7 calendar days after adopting the resolution, the Council must publish a notice that a vacancy has occurred in at least one newspaper of general circulation in the County. The notice must specify:
(1) the dates of the special primary election and the special general election; and
(2) the procedures under which a person may be nominated to fill the vacancy.
(h) (1) An individual who has filed a certificate of candidacy for the special election may, by 5 p.m. on the second business day after the deadline for filing certificates of candidacy, withdraw the certificate on a form prescribed by the Board.
(2) A candidate to whom a certificate of nomination is issued may, by 5 p.m. on the second business day after the certificate of nomination is issued, decline the nomination by filing a certificate of declination on a form prescribed by the Board.
(i) The Board must identify the costs it incurred in holding a special election under this Section and submit a request for a supplemental appropriation to the Director of the Office of Management and Budget within 60 days after the special general election. (1999 L.M.C., ch. 7, § 1; 2014 L.M.C., ch. 28, § 1; 2017 L.M.C., ch. 3, §1.)
Editor’s Note—Former Sections 16-17 through 16-21 were repealed by 1997 L.M.C., ch. 12, § 1. Former Section 16-22 was renumbered by 1999 L.M.C., ch 7, § 1.)
ARTICLE IV. PUBLIC CAMPAIGN FINANCING.
In this Article, the following terms have the meanings indicated:
Applicant candidate means a person who is running for a covered office and who is seeking to be a certified candidate in a primary or general election.
Board means the Maryland State Board of Elections.
Campaign finance entity means a political committee established under Title 13 of the Election Law Article of the Maryland Code, as amended.
Certified candidate means a candidate running for a covered office who is certified as eligible for public campaign financing from the Fund.
Consumer Price Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.
Contested election means an election in which there are more candidates for an office than the number who can be elected to that office. Contested election includes a special election held to fill a vacancy in a covered office under Section 16-17.
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. Contribution includes proceeds from the sale of tickets to a campaign fund-raising event as defined in Section 1-101 of the Election Law Article of the Maryland Code, as amended.
County Board means the Montgomery County Board of Elections.
Covered office means the office of County Executive or County Councilmember.
Director means the Director of the Department of Finance or the Director’s designee.
Distribution period means the period of time beginning 365 days before the primary election for the office the candidate seeks and ending 30 days after the date of the general election. The distribution period for a special election under Section 16-17 must be set by Council resolution.
Election cycle means the primary and general election for the same term of a covered office.
Eligible contribution means an aggregate donation in a 4-year election cycle of $500, as adjusted under Section 16-23(j), or less from an individual, including an individual who does not reside in the County.
Fund means the Public Election Fund.
Noncertified candidate means a person who is running for a covered office who either:
(1) chooses not to apply to be a certified candidate; or
(2) applies to be a certified candidate but fails to qualify.
Non-participating candidate means a person who is running for a covered office who is either a noncertified candidate or a certified candidate who declines to accept a public contribution.
Participating candidate means a certified candidate who has received a public contribution from the Fund for a primary or general election.
Public contribution means money disbursed from the Fund to a certified candidate.
Publicly funded campaign account means a campaign finance account established by a candidate for the exclusive purpose of receiving eligible contributions and spending funds in accordance with this Article.
Qualifying contribution means an eligible contribution of at least $5 but no more than $250 in support of an applicant candidate that is:
(1) made by a County resident;
(2) made after the beginning of the designated qualifying period, but no later than the respective election; and
(3) acknowledged by a receipt that identifies the contributor’s name and residential address and signed by the contributor directly or by a digital signature using a method approved by the Board.
Qualifying contribution does not include an in-kind contribution of property, goods, or services.
Qualifying period means the period of time beginning on January 1 following the last election for the office the candidate seeks and ending 45 days before the date of the primary election. The qualifying period for a special election under Section 16-17 must be set by Council resolution.
Slate means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities. (2014 L.M.C., ch. 28, § 2; 2018 L.M.C., ch. 3, §1; 2020 L.M.C., ch. 31, §1; 2024 L.M.C., ch. 21, § 1.)
(a) The Director must create a Public Election Fund. This Fund is continuing and non-lapsing.
(b) The Fund consists of:
(1) all funds appropriated to it by the County Council;
(2) any unspent money remaining in a certified candidate’s publicly funded campaign account after the candidate is no longer a candidate for a covered office;
(3) any public contribution plus interest returned to the Fund by a participating candidate who withdraws from participation;
(4) all interest earned on money in the Fund; and
(a) Before raising any contribution governed by this Article, an applicant candidate must:
(1) file notice of intent with the Board on or before April 15 of the year of the election on a form prescribed by the Board; and
(2) establish a publicly funded campaign account for the candidate for the purpose of receiving eligible contributions and spending funds in accordance with this Article.
(b) Other than a contribution from an applicant candidate or the candidate’s spouse, an applicant candidate must not accept an eligible contribution from an individual greater than $500, as adjusted under Section 16-23(j).
(c) An applicant candidate must not accept a loan from anyone other than the candidate or the candidate’s spouse. An applicant candidate and the candidate’s spouse together must not contribute or lend a combined total of more than $12,000 to the candidate’s publicly funded campaign account. (2014 L.M.C., ch. 28, § 2; 2017 L.M.C., ch. 33, § 1; 2018 L.M.C., ch. 3, § 1; 2020 L.M.C., ch. 31, §1; 2024 L.M.C., ch. 21, § 1.)
(a) To qualify as a certified candidate:
(1) a candidate for Executive must collect from County residents at least:
(A) 500 qualifying contributions; and
(B) an aggregate total of $40,000;
(2) a candidate for At-Large Councilmember must collect from County residents at least:
(A) 250 qualifying contributions; and
(B) an aggregate total of $20,000; and
(3) a candidate for District Councilmember must collect from County residents at least:
(A) 125 qualifying contributions; and
(B) an aggregate total of $10,000.
(b) An applicant candidate must deposit all eligible contributions received into the candidate’s publicly funded campaign account. An applicant candidate must deliver to the Board a copy of a receipt for each qualifying contribution.
(c) A candidate must apply to the Board for certification during the qualifying period. (2014 L.M.C., ch. 28, § 2; 2020 L.M.C., ch. 31, §1.)
Editor’s note—2014 L.M.C., ch. 28, § 2 Initial Regulations, states: The County Executive must submit the initial regulations required by Subsection 16-21(d) to the Council for approval not later than 180 days after this Act becomes law.
(a) The Board must certify an applicant candidate if the Board finds that the candidate has received the required number of qualifying contributions and the required aggregate total dollars for the office no later than 10 business days after receiving:
(1) a declaration from the candidate agreeing to follow the regulations governing the use of a public contribution;
(2) a campaign finance report that includes:
(A) a list of each qualifying contribution received;
(B) a list of each expenditure made by the candidate during the qualifying period; and
(C) the receipt associated with each contribution and expenditure; and
(3) a certificate of candidacy for a covered office.
(b) The decision by the Board whether to certify a candidate is final.
(c) A candidate may submit only one application for certification for any election. A candidate may correct any mistakes in the application for certification or supplement their application with additional qualifying contributions within the earlier of:
(1) 10 business days after receiving notice that the Board denied the application; or
(2) the end of the qualifying period.
(d) If the Board certifies a candidate, the Board must authorize the Director to disburse a public contribution to the candidate’s publicly funded campaign account.
(e) A candidate that submits a notice of intent under Section 16-20, but fails to qualify as a certified candidate is deemed a non-participating candidate and is not bound by the requirements of this Article. (2014 L.M.C., ch. 28, § 2; 2017 L.M.C., ch. 23, § 1; 2020 L.M.C., ch. 31, §1.)
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