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Statutes Text

Article - General Provisions




§5–835.

    (a)    An applicant or agent of the applicant may not make a payment to a member or the County Executive, or a slate that includes a member or the County Executive, during the pendency of the application.

    (b)    (1)    After an application has been filed, a member may not vote or participate in any way in the proceeding on the application if the member’s treasurer or continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application, received a payment during the 36–month period before the filing of the application or during the pendency of the application from any of the applicants or the agents of the applicants.

        (2)    A member is not subject to the requirements of paragraph (1) of this subsection if:

            (i)    a transfer to the member’s treasurer, a continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application was made by a political action committee to which an applicant or agent had made a payment;

            (ii)    the applicant or agent made the payment to the political action committee without any intent to subvert the purposes of this subtitle;

            (iii)    the applicant’s or agent’s payment to the political action committee, and the political action committee’s transfer, are disclosed in an affidavit; and

            (iv)    the transfer is returned to the political action committee by the member, or the payment is returned to the applicant or agent by the political action committee.

    (c)    (1)    After an application is filed, the applicant shall file an affidavit under oath:

            (i)    1.    stating to the best of the applicant’s information, knowledge, and belief that during the 36–month period before the filing of the application and during the pendency of the application, the applicant has not made any payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

                2.    if any such payment was made, disclosing the name of the member to whose treasurer or continuing political committee, or slate to which the member belongs or belonged during the 36–month period before the filing of the application, the payment was made;

            (ii)    1.    stating to the best of the applicant’s information, knowledge, and belief that during the 36–month period before the filing of the application and during the pendency of the application, the applicant has not solicited any person or business entity to make a payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

                2.    if any such solicited payment was made, disclosing the name of the member to whose treasurer or continuing political committee, or slate to which the member belongs or belonged during the 36–month period before the filing of the application, the payment was made; and

            (iii)    1.    stating to the best of the applicant’s information, knowledge, and belief that during the 36–month period before the filing of the application and during the pendency of the application, a member of the applicant’s household has not made a payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

                2.    if any such payment was made, disclosing the name of the member to whose treasurer or continuing political committee, or slate to which the member belongs or belonged during the 36–month period before the filing of the application, the payment was made.

        (2)    The affidavit shall be filed at least 30 calendar days before consideration of the application by the District Council.

        (3)    A supplemental affidavit shall be filed whenever a payment is made after the original affidavit was filed.

        (4)    (i)    An applicant is not required to make any representations in the affidavit pertaining to the actions of anyone other than that applicant.

            (ii)    Anyone with authority to act on behalf of and bind a business entity may execute an affidavit on behalf of the business entity.

        (5)    The only disclosures required under the affidavit are those involving individuals or business entities that would be subject to this subtitle.

    (d)    (1)    An agent shall file an affidavit in an application only if:

            (i)    the agent has acted on behalf of the applicant with regard to the specific application; and

            (ii)    during the 36–month period before the filing of the application and during the pendency of the application, and after becoming an agent of the applicant:

                1.    the agent has made a payment to a member, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

                2.    the agent has solicited any person to make a payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application.

        (2)    Notwithstanding paragraph (1)(ii) of this subsection, an agent shall disclose in the affidavit a payment made before becoming an agent if the agent:

            (i)    made the payment by prearrangement or in coordination with one or more applicants; or

            (ii)    acted as an agent as to any other application filed during the 36–month period.

    (e)    (1)    Except as provided in paragraph (2) of this subsection, a contributor, a member, or a political action committee is subject to this part if a payment is made by the contributor or a transfer is made by the political action committee to:

            (i)    the candidate;

            (ii)    the candidate’s continuing political committee; or

            (iii)    a slate to which the member belongs or belonged during the 36–month period before the filing of the application.

        (2)    This part does not apply to:

            (i)    any transfer to the continuing political committee of a member by the continuing political committee of another individual running for elective office; or

            (ii)    a payment or transfer to the Prince George’s County or State Central Committee of a political party, even if the Central Committee supports a candidate.

        (3)    A person may not make a payment in violation of this part.

    (f)    An applicant or agent may not take any action, directly or indirectly, with the intent to circumvent the intent of this part.