(a) A candidate for election to the central committee of a political party shall pay a civil penalty of $1,000 in accordance with subsections (b) through (f) of this section if the candidate:
- (1) is not exempt from § 13-202 of this title and fails to conduct campaign finance activity through a campaign finance entity; or
- (2) violates § 13-221(c) or § 13-305.1 of this title.
(b)
(1) If the State Prosecutor or the State's Attorney with jurisdiction determines that a candidate is required to pay a civil penalty under subsection (a) of this section, the State Prosecutor, the State's Attorney, or both shall issue to the candidate a civil citation that contains:
- (i) the name and address of the candidate cited;
- (ii) the nature, time, and place of the violation;
- (iii) the manner in which the violation occurred;
- (iv) the penalty for the violation;
- (v) the manner and time in which to pay the penalty;
- (vi) where to pay the penalty; and
- (vii) a statement that the candidate receiving the citation has a right to a trial in the District Court.
- (2) The prosecuting authority who issues a citation under paragraph (1) of this subsection shall file the citation in the District Court.
- (c) The citation shall be served in accordance with the Maryland Rules.
(d)
- (1) On receipt of the return of service, the District Court shall schedule the case for trial and notify the candidate named in the citation of the trial date.
- (2) The trial in the District Court shall be conducted in the same manner as set forth for municipal infractions under §§ 6-108, 6-109, and 6-111 through 6-115 of the Local Government Article.
(3) An adjudication of a violation under this subsection:
- (i) is not a criminal conviction; and
- (ii) does not carry with it any of the civil disabilities that arise from a criminal conviction.
- (e) A candidate who is adjudicated in violation as set forth in a citation issued under subsection (b) of this section is liable for the cost of the District Court proceedings.
(f) If a candidate who has been served with a citation fails to appear for trial, the District Court, at the request of the prosecutor, may dismiss the citation or enter a civil judgment against the candidate:
- (1) in favor of the State Board;
- (2) in accordance with the Maryland Rules; and
- (3) in an amount of $1,000.
- (g) Penalties collected under this section shall be distributed to the Fair Campaign Financing Fund established under § 15-103 of this article.
Added by Acts 2015, c. 380, § 1, eff. Oct. 1, 2015.