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7.1 Who can serve as an officer

1. Generally

To serve as a chairman or treasurer, an individual must be a registered voter of the State of Maryland and be in good standing with the State Board. The officers are not required to live in the same district as the candidate or to have the same party affiliation as the candidate.

- §13-215 and 13-332 of the Election Law Article

Multiple Appointments

An individual may serve as chairman or treasurer for more than one committee.

3. Current Addresses

The chairman and treasurer must keep their addresses and phone numbers current to ensure receipt of periodic notices and compliance materials.

4. Candidate as Officer

• A candidate may not serve as the treasurer for the candidate’s own political committee  or any other Maryland political committee. The one exception to this prohibition is that a candidate for an office of a party central committee may serve as treasurer for the central committee.
• A candidate may serve as chairman of his or her own committee. In addition, a candidate may also serve as the chairman of any other committee, provided the candidate does not exercise general overall responsibility for the conduct of that committee.

- § 13-215 of the Election Law Article

5. Lobbyists

Under § 15-714 of the State Government Article of the Code, lobbyists are prohibited from:

• Serving on a fundraising committee or a political committee;
• Acting as treasurer for a candidate, or as treasurer or chairman of a political committee; and
• Organizing or establishing a political committee to solicit or transmit contributions from any person.

7.2 Duties and Responsibilities of the Treasurer

1. General Duties

The treasurer is responsible for the receipt and disbursement of campaign funds for political purposes. All assets received by or on behalf of the campaign finance entity must be delivered to and maintained by the treasurer. Only the treasurer can disburse or expend campaign funds except when temporarily unable to perform the duties of the office (see Section 7.3 of the Summary Guide). In addition, the treasurer’s signature is required on all campaign finance reports. Maryland law requires that the treasurer keep a detailed and accurate account book on behalf of the political committee. The account books must be preserved for two (2) years after the political committee files a final campaign finance report.

The ultimate responsibility for compliance with the campaign finance law rests with the Treasurer. A Treasurer may not serve “in name only” and may not delegate any statutory responsibility to another person including the candidate, except as provided by law.

2. Delegation of Duties

The treasurer is not prohibited from using an employee or member of the campaign staff, with appropriate supervision, to perform mechanical functions like filling out deposit tickets, writing out (but not signing) checks, typing election reports, or making bank deposits. Except in the limited circumstances where a chairman may act as a temporary treasurer of the committee. The treasurer may not permit anyone to perform the duties that the Law has entrusted to the treasurer, including signing checks, making proper expenditures, receiving contributions, ensuring complete and accurate account books and records, and ensuring the timely filing of complete and accurate campaign finance reports.

7.3 Duties and Responsibilities of the Chairman

1. Generally

The chairman is not assigned any specific duties under the law. However, the chairman does share responsibility with the treasurer for submitting timely campaign finance reports and is jointly and severally liable for late fees resulting from late or missing reports.

Since the chairman shares in the liability for late campaign finance reports and may be required to submit a report if the treasurer has resigned or is absent, it is recommended that the chairman have access to the committee’s books, records, and bank account.

The chairman does exercise control over campaign funds for a central committee. The treasurer of a state or county central may not make any disbursements or incur any liability without the authority or direction from the chairman.

2. Chairman as Temporary Treasurer

The chairman may make a disbursement only when the treasurer is temporarily unable to perform the duties of the office. After the chairman makes a disbursement, the chairman must submit within 7 days a detailed report to the treasurer including:

• A statement of the expenditures;
• The name and address of the person to whom the expenditure was made;
• The purpose of the expenditure; and
• A copy of the receipt.

A candidate who is a chairman may not make any disbursement and may not temporarily assume the duties of the treasurer under any circumstances.

Examples of a treasurer unable to perform the duties of the office are:

• Medical emergency or disability
• Death in the family
• Extended travel out-of-state.

7.4 How to Resign

1. Written and Signed Resignation Required

• A chairman or treasurer must resign by submitting a written and signed resignation to  the State Board. 

  - §§ 13-206(e) and 13-207(d) of the Election Law Article

• A resignation will not be accepted if it will leave the political committee with no officers. By practice, when both the Chairman and Treasurer resign together without any new appointments, the State Board will accept the resignation of the Chairman and deny the resignation of Treasurer until another officer is appointed. 
• A resignation should be filed on the form prescribed by the State Board.

2. When Resignation is Effective

The resignation is effective as of the date the form is received by the State Board. The State Board will acknowledge receipt of a resignation in writing.

3. Remaining Liability

A responsible officer who resigns is still liable for any outstanding reports or late fees incurred during the time he or she was an active officer. Additionally, the officer may be responsible for subsequent campaign finance report and for any associated late fees following the resignation, if the resignation was received in the middle of a reporting period. Therefore, it is recommended that a resignation occur at the end of a reporting period.

4. Vacancies

When a vacancy occurs in the position of chairman or treasurer, all financial activity of the political committee must cease and cannot resume until a new appointment is filed. It is the responsibility of the other officer to promptly appoint a new officer.

- §13-207 of the Election Law Article

Note: A vacancy for chairman or treasurer does not relieve the political committee from filing timely campaign finance reports.

5. Transfer of Information

When a treasurer resigns, he or she is required to transfer to the new treasurer (or the chairman or candidate if a new treasurer has not been appointed) the following:

• The account books and records (see Section 14.1 of the Summary Guide for details);
• The electronic filing software and the entire database; and
• The bank account information.

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