Previous | Table of contents | Next

12.1 Authority Lines

1. Generally

Campaign material includes signs, buttons, letters, tickets, solicitations, radio and television advertisements, websites, bumper stickers, and paraphernalia such as pencils, hats, and t-shirts.

Each item of campaign material must include an authority line, set apart from the other printing or content of the campaign material. The authority line must state the name and address (unless the address is on file with the State Board) of the person who is responsible for the production and distribution of the campaign material.

- § 1-101(k) and § 13-401 of the Election Law Article

2. Campaign Materials Produced by a Political Committee

If the campaign material is produced by a political committee, the authority line must contain:

• The name of the treasurer; and
• The name of the campaign finance entity.

If the material is too small to permit the inclusion of all required information in a legible manner, the material need only contain the name and title of the treasurer.

The Office of the Attorney General has stated that almost no material is too small to permit inclusion of the complete authority line. Accordingly, every effort should be made to include the entire authority line.

3. Mailings

If there is more than one piece or item bearing the candidate’s name in a mailing (for example, a brochure, a cover letter, a bumper sticker, a reproduction of a newspaper article), each piece must bear the authority line. An envelope that does not include the name of a candidate, the name of a campaign finance entity, or a campaign slogan need not contain an authority line.

4. Campaign Materials Produced by a Person

Campaign materials paid for by a person other than the political committee mentioned in the campaign materials are either an in-kind contribution to the political committee or an independent expenditure. This distinction dictates the contents of the authority line.

• In-Kind Contribution:  If an individual or an entity pays for a sign or other item in support of a candidate with the candidate’s cooperation and coordination, the sign or other item should have the authority line of the candidate’s campaign finance entity.
• Independent Expenditure:  If an individual or an entity pays for a sign, giveaway item or other campaign item in support of or in opposition to a candidate without the candidate’s cooperation or coordination, the authority line should include the following statement.
  
  “This message has been authorized and paid for by (insert). This message has not been authorized or approved by any candidate.”

Exception: According to the Attorney General of Maryland, an individual acting alone, i.e. without the use of vendors, consultants or other paid services, may create campaign materials without including an authority line.*

- §§13-102 and 13-401 of the Election Law Article

*80 Opinions of the Attorney General 110 (1995), the Attorney General applied, McIntyre v. Ohio Elections Commission to Maryland's election law. In McIntyre, the Supreme Court ruled that Ohio's law prohibiting anonymous campaign literature, as that law applied to an individual acting independently, was unconstitutional. Accordingly, the Attorney General concluded that the Court's decision does not invalidate prohibitions on anonymous campaign materials (or the requirement that disclosures be made on campaign materials) except as applied to an individual acting independently.

5. Campaign Material Produced by Multiple Political Committees

If campaign materials are produced jointly by more than one political committee (Committee A and Committee B), the authority line on the materials is as follows:

• If the committees each wrote a check to purchase the materials, the authority line of both Committee A and B must be included; or
• If Committee A paid for the materials, only Committee A’s authority line is required. It should be noted that Committee A must show on its campaign finance report that an in-kind contribution was made to Committee B (and Committee B must report receiving an in-kind contribution).

NOTE:  A political committee may not reimburse another political committee. Any monies received by a political committee from another political committee will be considered a transfer. Therefore, it is important when sharing an expense either to establish a slate or to write separate checks to the vendor.

6. Campaign Materials on Electronic Media

Social Network and Micro-Blog sites:

Maryland enables political committees that have established a social network or micro-blog account to comply with the authority line requirements of § 13-401 by placing an authority line on the home or landing page, or in the case of the micro-blog, where it is not feasible to place an authority line on the landing page, to register the account name with the State Board.

Electronic Media Advertisement:

Electronic media advertisement by a political committee is required to have an authority line. If the electronic media advertisement is too small for an authority line then:

• The ad must allow the viewer to click on the ad and take the viewer to a home or landing page that displays the authority line; or
• Register the ad with the State Board.

Examples of electronic advertisements ads deemed too small:

• A paid text advertisement that is 200 characters or less in length
• A micro-bar
• A button ad

12.2 Copies of Campaign Materials

Each campaign finance entity responsible for publishing and distributing an item of campaign material is required to keep a sample copy of the item for at least 1 year after the general election next following the date when the item was published or distributed. For each item of campaign material disseminated through the Internet, the sample copy may be either a paper facsimile copy or an electronic copy that can be produced as a paper facsimile on request. These requirements do not apply to a billboard or a sign distributed by a political committee.

- § 13-403 of the Election Law Article

12.3 Placement of Campaign Signs

The State Board does not have regulatory authority over the placement or location of campaign signs. However, there are State and local laws that regulate where and when you can put up campaign signs.

Placement of signs on State roads and highways is regulated by the State Highway Administration.

Placement of signs on city and county roads and on public property in the cities and counties is regulated by local ordinances. In addition, many cities and counties regulate when signs can be put up and when they must be taken down. You can call the county election board for assistance in obtaining information on the laws in your county or municipality.

12.4 Giveaway Items

Campaigns often give out small items, such as buttons, stickers, refrigerator magnets, and emery boards, to help advertise their campaign. While such traditional campaign memorabilia are not prohibited, it should be noted that certain non-traditional giveaway items (regardless of their cost) may cross the line from mere advertising to being a gift to induce a vote, which is prohibited. (See - § 13-602(a)(1) of the Election Law Article.)  Accordingly, the State Board advises against the use of non-traditional campaign giveaway items. If you are not sure if an item is acceptable, please call the State Board for clarification.

12.5 RoboCalls

Maryland has no statute that specifically addresses the use of automated or “RoboCalls” in political campaigns. However, the federal Telephone Consumer Protection Act (TCPA) requires that all automated calls using pre-recorded messages comply with the technical and procedural requirements set forth under 47 U.S.C §227(d).

Federal law requires that all artificial or prerecorded telephone messages must include:

•  At the beginning of the message, the identity of the business, individual, or other entity initiating the call; and
•  During or after the message, the telephone number or address of the business, individual, or other entity initiating the call.

-47 U.S.C. §§227(d)(3)(A) and (f)(1)

Federal regulations bar RoboCalls after 9pm.

12.6 Campaigning on Election Day

1. Electioneering

Maryland law prohibits electioneering within 100 feet of the entrance or exit to a polling place on Election Day. The 100-foot “No Electioneering” zone is measured from the entrance/exit of the building closest to the room in which voting actually takes place.

No electioneering means that no canvassing, electioneering, campaigning, or posting of any campaign material is permitted within the zone. "Posting of any campaign material" includes wearing clothing shirt, hat, sticker, or button that indicates support of or opposition to any candidate, question, or political party if worn by any person allowed to remain in the ‘No Electioneering” zone. However, electioneering does not apply to a voter going to vote in his or her polling place. A person on his or her way to vote may wear campaign paraphernalia or carry campaign literature if the voter leaves the zone promptly after voting.

The chief election judges at each polling place will post signs designating the "No Electioneering” zone. Election judges are instructed to strictly enforce the “No Electioneering” prohibition, including calling the police, if necessary.

A person who violates the  prohibition is guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $500, or imprisonment for not more than 60 days, or both.

- §16-206 of the Election Law Article

2. Walk-Around Services

Payment for "walk-around services" on Election Day, is permitted. All payments shall be made by check from the political committee.

- §13-245 of the Election Law Article

Previous | Table of contents | Next