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4.1 Candidate Committees

1. Generally

• An authorized candidate campaign committee is any combination of two or more individuals that assists or attempts to assist in promoting the success or defeat of a specific candidate that has been authorized by that candidate.

• A candidate may serve as the chairman for his/her candidate committee. However, the candidate may not serve as the candidate committee’s treasurer

- §§ 1-101(c) and 13-207 of the Election Law Article

2.Necessary Forms

In order to establish an authorized candidate campaign committee, a Statement of Organization must be filed at the State Board before:

• Any campaign financial activity; or
• Filing a Certificate of Candidacy

3. Authorized versus Unauthorized

All candidate committees must be authorized by the candidate. If the committee is unauthorized or formed to oppose particular candidates, the committee should be formed as a political action committee or PAC.

4. Closing a Candidate Committee

A candidate committee does not automatically close after the election in which the candidate appeared on the ballot. The candidate committee will remain open and active until a final report is filed with the State Board.

4.2. Testing the Waters/Exploratory Committees

1. Generally

There are no statutory provisions that expressly authorize exploratory committees. However, the Office of the Attorney General has advised that some exploratory or “testing the waters” activities are permissible, but only for non-candidates. Exploratory Committees may not file a Statement of Organization with the State Board and may not engage in campaign finance activities. Monies raised exclusively for exploratory activities, and before the individual becomes a candidate, do not count against the person’s contribution limits.

After an authorized candidate campaign committee is established, the exploratory committee must cease all its activities until the election is over. The exploratory committee may contribute up to $4,000 to the authorized candidate campaign committee. No other surplus funds from the exploratory committee may be used or expended on behalf of the candidate.

2. Scope

Exploratory committees are limited in their scope and purpose to raising and spending funds for conducting surveys, polls, mailings, or other activities in an effort to determine if the individual is a viable candidate. Once the exploratory committee exceeds these limitations and engages in campaign finance activity, registration of an authorized candidate campaign committee is required, i.e. by filing the Statement of Organization with the State Board. While the establishment of an authorized candidate campaign committee does make the individual a candidate under Maryland law, the individual considering a run is not required to file a Certificate of Candidacy at that time. Instead, the potential candidate may raise funds and make expenditures out of the authorized candidate campaign committee until he or she finally makes the decision whether to run for office. If the candidate decides to run and files a Certificate of Candidacy, the candidate may continue to use the authorized candidate campaign committee throughout the campaign. If not, the political committee should close by filing a final report. But note, so long as the political committee continues to exist, the individual remains a candidate under Maryland law.

Draft Committees

An exploratory committee that is not authorized by the potential candidate, i.e. Draft Candidate X for office, have similar restrictions as those referenced in Summary Guide section 4.2.B. It too would be limited to only exploratory activities. If the persons involved in the exploratory draft committee later intend to engage in campaign finance activity, a political committee must be established with the State Board. Additionally, if coordination exists between the draft committee and the candidate, the candidate must treat any campaign expenditures made by the draft committee as an in-kind contribution subject to the contribution limits.

Authority Line Requirements

It is important to note that regardless of the reporting requirement, certain activities fall within the purview of the campaign finance regulations. Any campaign material sent out by the exploratory committee regarding a potential candidate must include an authority line. For example, if a potential candidate sends out letters that indicate an interest in running for office but that do not solicit support, the candidate still must include an authority line with the potential candidate’s name and address. See section 12.1 of the Summary Guide on authority line requirements.

4.3 Slates

A slate is a political committee of two or more candidates who join together to conduct and pay for joint campaign activities.

- §1-101(oo) of the Election Law Article

1. Requirements

• A slate is required to have at least two candidate members at all times. If there are less than two members, the slate is required to close the committee and file a final report.
• Prior to joining a slate, the candidate must establish a separate individual candidate committee.

- §13-209 of the Election Law Article

Note: A candidate will remain a member of the slate until the slate closes or the candidate resigns from the slate (using the Slate Designation/Resignation Form prescribed by the State Board). If a candidate closes out his/her own candidate committee, then the candidate has effectively resigned from the slate.

2. Necessary Forms

In order to form a slate the following must be filed at the State Board:

• Statement of Organization- a Statement of Organization must be filed with the State Board before any financial activity occurs.
• Slate Designation/Resignation Form- For a candidate to join a slate, the candidate must file the designation form with the election board where the candidate filed a certificate of candidacy.

-§ 13-209 of the Election Law Article

3. Special Campaign Finance Limits

Unlimited transfers between a slate and the candidate committees of its members are permitted. However, a member’s candidate committee may not make an unlimited transfer directly to another member’s candidate committee in the slate.

-§13-227 (b)(2)(ii) of the Election Law Article

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