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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0065*
SENATE BILL 65
G1 EMERGENCY BILL 6lr0712
SB 27/25 – EEE (PRE–FILED) CF HB 157
By: Senator Kagan
Requested: August 20, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable
Senate action: Adopted
Read second time: February 7, 2026
CHAPTER ______
AN ACT concerning 1
Election Law – Campaign Finance – Exploratory Committees 2
FOR the purpose of applying certain campaign finance requirements for a political 3
committee to exploratory committees; establishing requirements and prohibitions for 4
exploratory committees relating to the establishment of the committees, receipt of 5
funds, and permissible disbursements; requiring an authorized candidate campaign 6
committee that results from the exploratory committee to make any equipment 7
purchases from the exploratory committee at the fair market value of the equipment; 8
requiring an exploratory committee to return remaining funds in a certain manner 9
in a certain time frame; establishing that an exploratory committee is not subject to 10
any contribution limit; and generally relating to exploratory committees. 11
BY repealing and reenacting, without amendments, 12
Article – Election Law 13
Section 1–101(a), (l), and (gg) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2025 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Election Law 18
Section 1–101(k) 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2025 Supplement) 21
2 SENATE BILL 65
BY adding to 1
Article – Election Law 2
Section 13–107 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Election Law 8
1–101. 9
(a) In this article the following words have the meanings indicated unless a 10
different meaning is clearly intended from the context. 11
(k) (1) “Campaign material” means any material that: 12
(i) contains text, graphics, or other images; 13
(ii) relates to a candidate, a [prospective] POTENTIAL candidate, or 14
the approval or rejection of a question or prospective question; and 15
(iii) is published, distributed, or disseminated. 16
(2) “Campaign material” includes: 17
(i) a qualifying paid digital communication; 18
(ii) any other material transmitted by or appearing on the Internet 19
or other electronic medium; 20
(iii) an oral commercial campaign advertisement; and 21
(iv) an automated or prerecorded oral communication. 22
(l) (1) “Candidate” means an individual who files a certificate of candidacy for 23
a public or party office. 24
(2) “Candidate” includes: 25
(i) an incumbent justice of the Supreme Court of Maryland or 26
Appellate Court of Maryland at an election for continuance in office; and 27
(ii) an individual, prior to that individual filing a certificate of 28
candidacy, if a campaign finance entity has been established on behalf of that individual. 29
SENATE BILL 65 3
(gg) “Political committee” means a combination of two or more individuals that has 1
as its major purpose promoting the success or defeat of a candidate, political party, 2
question, or prospective question submitted to a vote at any election. 3
13–107. 4
(A) (1) IN THIS SECTION T HE FOLLOWING WORDS H AVE THE MEANINGS 5
INDICATED. 6
(2) (I) “DONATION” MEANS THE GIFT OR TR ANSFER, OR PROMISE 7
OF GIFT OR TRANSFER , OF MONEY OR ANY OTHE R THING OF VALUE TO A PERSON 8
THAT MAKES DISBURSEMENTS FOR AN EXPLORATORY COMMITTEE. 9
(II) “DONATION” DOES NOT INCLUDE ANY A MOUNT OF MONEY 10
OR ANY OTHER THING OF VALUE: 11
1. RECEIVED BY A PERSON IN THE ORDINARY COURSE OF 12
ANY TRADE OR BUSINES S CONDUCTED BY THE P ERSON, WHETHER FOR PROFIT OR 13
NOT FOR PROFIT , OR IN THE FORM OF IN VESTMENTS IN THE PER SON’S BUSINESS; 14
OR 15
2. A. THAT THE DONOR AND THE PERSON RECEIVING 16
THE MONEY OR THING OF VALUE EXPRESSLY AGREE IN WRITING MAY NOT BE USED 17
FOR AN EXPLORATORY COMMITTEE; AND 18
B. IN THE CASE OF A MON ETARY DONATION , IS 19
DEPOSITED IN A SEPAR ATE BANK ACCOUNT THA T IS NEVER USED FOR AN 20
EXPLORATORY COMMITTEE. 21
(3) “EXPLORATORY COMMITTEE ” MEANS AN ENTITY ESTA BLISHED 22
BY A POTENTIAL CANDIDATE FOR A PUBLIC OFFICE TO DETERMINE THE POTENTIAL 23
CANDIDATE’S VIABILITY FOR THAT PUBLIC OFFICE. 24
(B) EXCEPT AS OTHERWISE PROVIDED IN §§ 13–220.1 AND 13–220.2 OF THIS 25
TITLE AND SUBTITLE 2, PART V OF THIS TITLE , ALL PROVISIONS OF TH IS TITLE 26
THAT APPLY TO A POLI TICAL COMMITTEE ALSO APPLY TO AN EXPLORAT ORY 27
COMMITTEE. 28
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION , AN EXPLORATORY 29
COMMITTEE FOR AN INDIVIDUAL MAY RECEIVE FUNDS AND MAKE DISBURSEMENTS 30
TO DETERMINE THE INDIVIDUAL’S VIABILITY FOR A PUBLIC OFFICE. 31
(D) AN EXPLORATORY COMMITTEE MAY MAKE A DISBURSEMENT: 32
4 SENATE BILL 65
(1) ONLY FOR PURPOSES RELATED TO DETERMINING THE POTENTIAL 1
CANDIDATE’S VIABILITY FOR A PUBLIC OFFICE; AND 2
(2) ONLY FOR THE FOLLOWING: 3
(I) CONDUCTING SURVEYS OR POLLS REGARDING VIABILITY OF 4
THE POTENTIAL CANDIDATE FOR A PUBLIC OFFICE; 5
(II) DIRECT MAILINGS AND OTHER COMMUNICATIONS TO 6
POTENTIAL VOTERS; 7
(III) EMPLOYING STAFF; 8
(IV) ESTABLISHING A WEBSITE; 9
(V) QUALIFYING PAID DIGITAL COMMUNICATIONS; 10
(VI) RENTING OR LEASING OFFICE SPACE; 11
(VII) PURCHASING ELECTRONI C EQUIPMENT , INCLUDING 12
COMPUTERS AND TELEPHONES; AND 13
(VIII) SECURITY. 14
(E) AN EXPLORATORY COMMITTEE MAY NOT PAY ANY EXPENSE IN ADVANCE 15
FOR GOODS OR SERVICE S TO BE USED BY THE POLITICAL COMMITTEE OF THE 16
POTENTIAL CANDIDATE ONCE THE POTENTIAL C ANDIDATE REGISTERS A N 17
AUTHORIZED CANDIDATE CAMPAIGN COMMITTEE. 18
(F) IF AN AUTHORIZED CANDIDATE CAMPAIGN COMMITTEE RESULTS FROM 19
THE EXPLORATORY COMM ITTEE, ANY PURCHASES MADE B Y THE AUTHORIZED 20
CANDIDATE CAMPAIGN C OMMITTEE OF EQUIPMEN T FROM THE EXPLORATO RY 21
COMMITTEE SHALL BE MADE AT THE FAIR MARKET VALUE OF THE EQUIPMENT. 22
(G) (1) AN EXPLORATORY COMMIT TEE SHALL RETURN ANY REMAIN ING 23
FUNDS RECEIVED UNDER SUBSECTION (D) OF THIS SECTION IN ACCORDANCE WITH 24
PARAGRAPH (2) OF THIS SUBSECTION WITHIN 120 DAYS AFTER: 25
(I) A POTENTIAL CANDIDATE: 26
1. TIMELY FILES A CERTI FICATE OF CANDIDACY FOR A 27
PUBLIC OFFICE UNDER TITLE 5, SUBTITLE 3 OF THIS ARTICLE; OR 28
SENATE BILL 65 5
2. PUBLICLY ANNOUNCES T HAT THE POTENTIAL 1
CANDIDATE HAS DECLIN ED TO FILE A CERTIFI CATE OF CANDIDACY FO R PUBLIC 2
OFFICE; OR 3
(II) THE DEADLINE FOR FIL ING A CERTIFICATE OF CANDIDACY 4
UNDER TITLE 5, SUBTITLE 3 OF THIS ARTICLE HAS PASSED. 5
(2) AN EXPLORATORY COMMIT TEE SHALL RETURN FUN DS UNDER 6
PARAGRAPH (1) OF THIS SUBSECTION: 7
(I) PRO RATA TO THE CONTRIBUTORS; OR 8
(II) BY PAYING THE REMAINING FUNDS TO: 9
1. IF THE POTENTIAL CAN DIDATE IS A MEMBER O F A 10
POLITICAL PARTY: 11
A. THE STATE CENTRAL COMMITTEE OF THE POLITICAL 12
PARTY; OR 13
B. A LOCAL CENTRAL COMM ITTEE OF THE POLITIC AL 14
PARTY; 15
2. IF THE POTENTIAL CAN DIDATE ESTABLISHES A N 16
AUTHORIZED CANDIDATE CAMPAIGN COMMITTEE, SUBJECT TO § 13–226 OF THIS 17
TITLE, THE AUTHORIZED CANDIDATE CAMPAIGN COMMITTEE; 18
3. A NONPROFIT ORGANIZA TION EXEMPT FROM 19
TAXATION UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE; OR 20
4. THE FAIR CAMPAIGN FINANCING FUND 21
ESTABLISHED UNDER § 15–103 OF THIS ARTICLE. 22
(H) A DONATION TO AN EXPLORATORY COMMITTEE IS NOT SUBJECT TO ANY 23
LIMITS. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
measure, is necessary for the immediate preservation of the public health or safety, has 26
been passed by a yea and nay vote su pported by three–fifths of all the members elected to 27
each of the two Houses of the General Assembly, and shall take effect from the date it is 28
enacted. 29