Public Financing Act - State Senate and House of Delegates Candidates

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0568*

HOUSE BILL 568
G1 6lr0897

By: Delegates Behler, Lehman, Acevero, Allen, Charkoudian, Feldmark, Lewis,
Ruth, Stewart, Terrasa, Vogel, and Woorman
Introduced and read first time: January 28, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Public Financing Act – State Senate and House of Delegates Candidates 2

FOR the purpose of adding candidates for State Senator and member of the House of 3
Delegates to the candidates authorized to receive public contributions from the Fair 4
Campaign Financing Fund ; establishing qualifications that a candidate for State 5
Senator or member of the House of D elegates must meet to qualify as an eligible 6
candidate to receive public contributions from the Fund; requiring the State Board 7
of Elections to distribute public contributions to certain candidates for State Senator 8
or member of the House of Delegates from the Fund during the distribution period 9
in a certain manne r; establishing certain limits on the total public contribution 10
payable to eligible candidates for State Senator or member of the House of Delegates 11
for certain elections; and generally relating to the Public Financing Act. 12

BY repealing and reenacting, with amendments, 13
Article – Election Law 14
Section 13 –235, 15 –102 through 15 –104, 15 –106 through 15 –109, 15 –111, and 15
15–113(b) 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Election Law 21

13–235. 22

(a) This section applies to the following officials: 23

(1) the Governor; 24
2 HOUSE BILL 568

(2) the Lieutenant Governor; 1

(3) the Attorney General; 2

(4) the Comptroller; 3

(5) the State Treasurer; and 4

(6) a member of the General Assembly. 5

(b) Except as provided in subsection (c), (d), or (e) of this section, during a regular 6
session of the General Assembly an official described in subsection (a) of this section, or a 7
person acting on behalf of the official, may not, as to a candidate for federal, State, or local 8
office, or a campaign finance entity of the candidate or any other campaign finance entity 9
organized under this title and operated in coordination with a candidate: 10

(1) receive a contribution; 11

(2) conduct a fund–raising event; 12

(3) solicit a contribution; or 13

(4) deposit or use any contribution of money that was not deposited prior 14
to the session. 15

(c) An official described in subsection (a) of this section, or a person acting on 16
behalf of the official, is not subject to this section when engaged in activities solely related 17
to the official’s election to an elective federal or local office for which the official is a filed 18
candidate. 19

(d) Under the Public Financing Act, a gubernatorial ticket OR A CANDIDATE FOR 20
STATE SENATOR OR MEMBER OF THE HOUSE OF DELEGATES, during the year of the 21
election only, may accept eligible private contributions and any disbursement of funds by 22
the State Board that is based on the eligible private contributions. 23

(e) An official described in subsection (a) of this section, or a person acting on 24
behalf of the official, may deposit a contribution during the legislative session if the 25
contribution was made electronically before the start of the session. 26

(f) (1) As to a violation of this section, the campaign finance entity of the 27
official in violation is liable for a civil penalty as provided in § 13–604.1 of this title. 28

(2) A civil penalty imposed under this subsection shall be distributed to the 29
Fair Campaign Financing Fund established under § 15–103 of this article. 30

15–102. 31
HOUSE BILL 568 3

(a) In this title the following words have the meanings indicated. 1

(b) “Comptroller” means the Comptroller of the State. 2

(c) “Contribution card” means a document signed, including by electronic 3
signature, by a donor attesting that the contribution made to a campaign is made with the 4
personal funds of the donor. 5

(d) “Eligible [gubernatorial ticket”] CANDIDATE” means a gubernatorial ticket , 6
A CANDIDATE FOR STATE SENATOR, OR A CANDIDATE FOR MEMBER OF THE HOUSE 7
OF DELEGATES that qualifies to receive a public contribution. 8

(e) “Eligible private contribution” means a monetary private contribution from an 9
individual who is a resident of the State that does not exceed $250 in the aggregate for the 10
election cycle and is accompanied by a contribution card. 11

(f) “Fund” means the Fair Campaign Financing Fund. 12

(g) “Gubernatorial ticket” means a Governor–Lieutenant Governor unit. 13

(h) “Private contribution” means a contribution or series of contributions from an 14
individual that does not exceed $250 in the aggregate for the election cycle in which the 15
contribution is made. 16

(i) “Public c ontribution” means money distributed from the Fund to [a 17
gubernatorial ticket] AN ELIGIBLE CANDIDATE under this title. 18

15–103. 19

(a) There is a Fair Campaign Financing Fund. 20

(b) The Comptroller shall administer the Fund in accordance with this section. 21

(c) In accordance with this title, the Comptroller shall: 22

(1) credit to the Fund: 23

(i) all money collected or appropriated under this title; 24

(ii) voluntary contributions to the Fund made electronically through 25
the State Board’s website; 26

(iii) fees, fines, and penalties assessed under this article or the 27
General Provisions Article that are expressly allocated to the Fund by law; 28

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(iv) an anonymous contribution paid to the Fund under § 13 –239 of 1
this article; 2

(v) an illegal contribution paid to the Fund under § 13–239.1 of this 3
article; 4

(vi) surplus campaign funds paid to the Fund under § 13–247 of this 5
article; and 6

(vii) contributions to the Fund made through the checkoff on the 7
individual income tax return established under § 2–113.1 of the Tax – General Article; 8

(2) subject to the usual investing procedures for State funds, invest the 9
money in the Fund; and 10

(3) make distributions from the Fund promptly on authorization by the 11
State Board. 12

(d) The Comptroller shall distribute public contributions: 13

(1) only on authorization of the State Board; and 14

(2) as to each eligible [gubernatorial ticket] CANDIDATE, to the campaign 15
account of a single campaign finance entity established under Title 13, Subtitle 2 of this 16
article to receive public contributions. 17

(e) The Comptroller shall submit a statement of the Fund’s balance to the State 18
Board each month. 19

(f) (1) On or before June 30 of the third year immediately preceding a year of 20
a gubernatorial election, the State Board shall determine whether the balance of the Fund 21
is sufficient to provide for a full contribution for: 22

(i) in a primary election[,]: 23

1. two gubernatorial tickets; 24

2. 47 CANDIDATES FOR STATE SENATOR; AND 25

3. 141 CANDIDATES FOR MEMBE R OF THE HOUSE OF 26
DELEGATES; and 27

(ii) in a general election[,]: 28

1. one gubernatorial ticket; 29

HOUSE BILL 568 5

2. 47 CANDIDATES FOR STATE SENATOR; AND 1

3. 141 CANDIDATES FOR MEMBE R OF THE HOUSE OF 2
DELEGATES. 3

(2) If the balance of the Fund is determined to be insufficient to provide the 4
public contributions described under paragraph (1) of this subsection: 5

(i) on or before August 1 of the third year immediately preceding a 6
year of a gubernatorial election, the State Board shall send a notice to the Governor of the 7
amount of money needed to provide the public contributions described under paragraph (1) 8
of this subsection; and 9

(ii) the Governor shall include in the annual budget bill for the 10
appropriate fiscal year an appropriation in an amount equal to the amount submitted to 11
the Governor under item (i) of this paragraph. 12

(3) For fiscal year 2023, the Governor shall include in the annual budget 13
bill an appropriation of at least $4,000,000 to the Fund. 14

(g) To pay costs directly related to the administration of this title, the State Board 15
may expend in each fiscal year an amount of money in the Fund that does not exceed the 16
lesser of: 17

(1) 3% of the Fund’s balance, as calculated on the last day of the 18
immediately preceding fiscal year; or 19

(2) $100,000. 20

15–104. 21

(a) Before receiving a private contribution, a gubernatorial ticket OR A 22
CANDIDATE FOR STATE SENATOR OR MEMBER OF THE HOUSE OF DELEGATES shall: 23

(1) on or before the deadline to file a certificate of candidacy under § 24
13–303 of this article, file with the State Board a notice of intent to participate as a publicly 25
financed candidate for both the primary and general elections; and 26

(2) establish a campaign finance entity for complying with the 27
requirements of this title. 28

(b) (1) A campaign finance entity established under subsection (a)(2) of this 29
section may accept only: 30

(i) a private contribution; 31

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(ii) an eligible private contribution; 1

(iii) a public contribution; and 2

(iv) subject to paragraph (2) of this subsection, a contribution or loan 3
from [a member of a gubernatorial ticket ] AN ELIGIBLE CANDIDATE or the spouse of [a 4
member of the gubernatorial ticket] AN ELIGIBLE CANDIDATE. 5

(2) [A member of a gubernatorial ticket] AN ELIGIBLE CANDIDATE or the 6
spouse of [a member of a gubernatorial ticket] AN ELIGIBLE CANDIDATE may not make a 7
contribution of or lend a combined total of more than $50,000 to the campaign of the 8
[gubernatorial ticket] ELIGIBLE CANDIDATE. 9

(c) To qualify as an eligible [gubernatorial ticket,] CANDIDATE: 10

(1) a gubernatorial ticket shall collect within the qualifying period at least: 11

[(1)] (I) 1,500 eligible private contributions; and 12

[(2)] (II) an aggregate total of $120,000; 13

(2) A CANDIDATE FOR STATE SENATOR SHALL COLLECT WITHIN THE 14
QUALIFYING PERIOD AT LEAST: 15

(I) 250 ELIGIBLE PRIVATE CONTRIBUTIONS; AND 16

(II) AN AGGREGATE TOTAL OF $15,000; AND 17

(3) A CANDIDATE FOR MEMBER OF THE HOUSE OF DELEGATES SHALL 18
COLLECT WITHIN THE QUALIFYING PERIOD AT LEAST: 19

(I) 150 ELIGIBLE PRIVATE CONTRIBUTIONS; AND 20

(II) AN AGGREGATE TOTAL OF $7,500. 21

15–106. 22

(a) After filing a notice of intent to qualify for a public contribution under this 23
title, a gubernatorial ticket or a person acting on behalf of the gubernatorial ticket OR A 24
CANDIDATE FOR STATE SENATOR OR MEMBER OF THE HOUSE OF DELEGATES OR A 25
PERSON ACTING ON BEHALF OF THE CANDIDATE FOR STATE SENATOR OR MEMBER 26
OF THE HOUSE OF DELEGATES may not, for the benefit of any political committee or any 27
person required to register with the State Board under § 13–306 or § 13–307 of this article 28
or for a participating organization organized under § 13–309.2 of this article: 29

HOUSE BILL 568 7

(1) solicit contributions, including the authorized use of the names or 1
images of the gubernatorial ticket OR THE CANDIDATE FOR STATE SENATOR OR 2
MEMBER OF THE HOUSE OF DELEGATES in the solicitation; or 3

(2) operate in coordination with any entity for fundraising activities. 4

(b) After filing a notice of intent to qualify for a public contribution under this 5
title, the members of a gubernatorial ticket OR A CANDIDATE FOR STATE SENATOR OR 6
MEMBER OF THE HOUSE OF DELEGATES may not be a member of a slate that does not 7
receive a public contribution. 8

(c) Until a final campaign finance report is filed with the State Board and any 9
remaining funds of the public contribution distributed to [a gubernatorial ticket ] AN 10
ELIGIBLE CANDIDATE are repaid to the Comptroller for redeposit in the Fund in 11
accordance with § 15 –109 of this title, any authorized candidate campaign committee 12
organized under Title 13 of this article on behalf of the [members of a gubernatorial ticket] 13
ELIGIBLE CANDIDATE may not engage in campaign finance activity. 14

15–107. 15

(a) (1) In accordance with subsection (c) of this section and regulations 16
adopted by the State Board, the State Board shall authorize distribution of money in the 17
Fund on a continuing basis TO ELIGIBLE CANDIDAT ES on certification that the 18
qualifications under § 15–104 of this title have been met. 19

(2) Distributions shall begin not earlie r than January 1 of the year of the 20
election. 21

(b) If the State Board determines that there is not, or may not be, sufficient money 22
in the Fund to provide a full public contribution to all eligible [gubernatorial tickets ] 23
CANDIDATES, the State Board shall allocate the available money so that each eligible 24
[gubernatorial ticket] CANDIDATE in that election receives a proportionate share of the 25
full public contribution to which the [gubernatorial ticket ] ELIGIBLE CANDIDATE 26
otherwise would be entitled. 27

(c) (1) The State Board shall authorize distribution of the money that is 28
designated for distribution as provided in this subsection. 29

(2) The State Board shall distribute a public contribution from the Fund 30
to: 31

(I) each gubernatorial ticket during the di stribution period in 32
matching dollars equal to: 33

[(i)] 1. $8 for each dollar of an eligible private contribution 34
received for the first $50 of each eligible private contribution; 35
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[(ii)] 2. $6 for each dollar of an eligible private contribution 1
received for the second $50 of each eligible private contribution; 2

[(iii)] 3. $2 for each dollar of an eligible private contribution 3
received for the third $50 of each eligible private contribution; and 4

[(iv)] 4. $0 for each dollar of an eligible p rivate contribution 5
received for the remaining $100 of each eligible private contribution; AND 6

(II) EACH CANDIDATE FOR STATE SENATOR OR MEMBER OF THE 7
HOUSE OF DELEGATES DURING THE DISTRIBUTION PERIOD IN MATCHING DOLLARS 8
EQUAL TO: 9

1. $6 FOR EACH DO LLAR OF AN ELIGIBLE PRIVATE 10
CONTRIBUTION RECEIVE D FOR THE FIRST $50 OF EACH ELIGIBLE PRI VATE 11
CONTRIBUTION; 12

2. $3 FOR EACH DOLLAR OF A N ELIGIBLE PRIVATE 13
CONTRIBUTION RECEIVE D FOR THE SECOND $50 OF EACH ELIGIBLE PRI VATE 14
CONTRIBUTION; 15

3. $2 FOR EACH DOLLAR OF AN ELIGIBL E PRIVATE 16
CONTRIBUTION RECEIVE D FOR THE THIRD $50 OF EACH ELIGIBLE PRI VATE 17
CONTRIBUTION; AND 18

4. $0 FOR EACH DOLLAR OF A N ELIGIBLE PRIVATE 19
CONTRIBUTION RECEIVED FOR THE REMAINING $100 OF EACH ELIGIBLE PRI VATE 20
CONTRIBUTION. 21

(3) The total public contribution payable to [a gubernatorial ticket ] AN 22
ELIGIBLE CANDIDATE for either a primary or general election may not exceed: 23

(I) $3,000,000 FOR A GUBERNATORIAL TICKET; 24

(II) $125,000 FOR A CANDIDATE FOR STATE SENATOR; AND 25

(III) $75,000 FOR A CANDIDATE FOR MEMBER OF THE HOUSE OF 26
DELEGATES. 27

(4) The State Board may not distribute matching dollars from the Fund to 28
[a gubernatorial ticket] ELIGIBLE CANDIDATE for: 29

HOUSE BILL 568 9

(i) a contribution or loans from the [gubernatorial ticket] ELIGIBLE 1
CANDIDATE or the spouse of [a member of the gubernatorial ticket ] AN ELIGIBLE 2
CANDIDATE; or 3

(ii) an in–kind contribution of property, goods, or services. 4

(5) [A gubernatorial ticket] AN ELIGIBLE CANDIDATE that is unopposed 5
in a primary ele ction shall receive one –third of the public contribution amount the 6
gubernatorial ticket would otherwise be entitled to receive. 7

15–108. 8

(a) [A gubernatorial ticket ] AN ELIGIBLE CANDIDATE may withdraw from 9
participation as a publicly funded candidate at any time before a public contribution is 10
received by the [gubernatorial ticket’s] ELIGIBLE CANDIDATE’S campaign finance entity. 11

(b) If a public contribution has been received by an eligible [gubernatorial 12
ticket’s] CANDIDATE’S campaign finance entity, the eligible candidate may withdraw from 13
participating if the [gubernatorial ticket] ELIGIBLE CANDIDATE: 14

(1) files a statement of withdrawal on a form prescribed by the State Board; 15
and 16

(2) repays to the Fund the full amount of any public contribution received, 17
with interest established in regulation by the State Board. 18

15–109. 19

(a) A public contribution may be spent only: 20

(1) in accordance with § 13–218 of this article; 21

(2) to further the [gubernatorial ticket’s ] ELIGIBLE CANDIDATE ’S 22
nomination or election; 23

(3) for expenses incurred not later than 45 days after the election for which 24
the public contribution was made; 25

(4) for purposes that do not violate State law; and 26

(5) for an expenditure that is accompanied by a receipt. 27

(b) An eligible [gubernatorial ticket] CANDIDATE may not make: 28

(1) a transfer; or 29

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(2) an expenditure relating to fundraising activity by any other political 1
committee organized under this article. 2

(c) (1) Any part of a public contribution that is not spent shall be repaid to the 3
Comptroller for redeposit in the Fund not later than 90 days after the election for which 4
the public contribution was made. 5

(2) In computing whether part of a public contribution is not spent, all 6
private contributions to the [gubernatorial ticket] ELIGIBLE CANDIDATE shall be treated 7
as spent before the expenditure of any of the public contribution. 8

(d) The [members of a gubernatorial ticket ] ELIGIBLE CANDIDATE and the 9
responsible officers of the campaign finance entity that rece ived a public contribution are 10
jointly and severally personally liable civilly and criminally for repaying to the Comptroller 11
any part of a public contribution that is not spent or that was spent in violation of 12
subsection (a) of this section. 13

15–111. 14

(a) (1) Subject to § 15 –103 of this title, the State Board shall administer this 15
title. 16

(2) The State Board may request the assistance of the Comptroller to 17
administer this title. 18

(b) (1) The State Board shall adopt comprehensive regulations to implem ent 19
this title. 20

(2) The regulations shall include provisions relating to: 21

(i) the deadline for [a gubernatorial ticket ] AN ELIGIBLE 22
CANDIDATE to submit a request for a public contribution; 23

(ii) the dates when the State Board will authorize, and the 24
Comptroller will make, distributions of public contributions to [gubernatorial tickets ] 25
ELIGIBLE CANDIDATES in accordance with this title; 26

(iii) a proportionate distribution when there is not, or may not be, 27
sufficient money in the Fund; 28

(iv) thresholds for in –kind contributions that are not considered 29
contributions or expenditures for the purposes of this title; 30

(v) distributions to a write –in [gubernatorial ticket ] ELIGIBLE 31
CANDIDATE; and 32

HOUSE BILL 568 11

(vi) the purposes for which a public contribution may not be used. 1

15–113. 2

(b) (1) This subsection applies only to violations committed, as applicable, by: 3

(i) the eligible [gubernatorial ticket] CANDIDATE; 4

(ii) the eligible [gubernatorial ticket’s ] CANDIDATE’S campaign 5
finance entity; 6

(iii) the chairman of the eligible [gubernatorial ticket’s ] 7
CANDIDATE’S campaign finance entity; 8

(iv) the treasurer of the eligible [gubernatorial ticket’s ] 9
CANDIDATE’S campaign finance entity; or 10

(v) a person acting on behalf of a person listed in item (i), (ii), (iii), or 11
(iv) of this paragraph. 12

(2) The State Board may impose a civil penalty in accordance with this 13
section for the following violations: 14

(i) making a disbursement in a manner not authorized under § 15
13–218(b)(2), (c), and (d) of this article; 16

(ii) failure to maintain a campaign bank account as required under 17
§ 13–220(a) of this article; 18

(iii) making a disbursement by a method not authorized under § 19
13–220(d) of this article; 20

(iv) failure to maintain detailed and ac curate account books and 21
records as required under § 13–221 of this article; 22

(v) fund–raising during the General Assembly session in a manner 23
not authorized in § 13–235 of this article; 24

(vi) failure to report all contributions received and expendit ures 25
made as required in § 13–304(b) of this article; 26

(vii) failure to include an authority line on campaign material as 27
required in § 13–401 of this article; or 28

(viii) failure to retain a copy of campaign material as required in § 29
13–403 of this article. 30
12 HOUSE BILL 568

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
January 1, 2027. 2