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Central Committee Governing Law PDF Print E-mail
Saturday, 08 August 2009 16:35

Generally

A central committee is a continuing campaign finance entity formed by a political party. The political party must file the Statement of Organization creating the central committee with the State Board at the time the new party petition process is successfully completed and the constitution and bylaws are approved. The central committee must constantly maintain a chairman and treasurer with the State Board. Central committees must be established for the State party organization and may be formed for each county. For example, the Republican and Democratic Parties each have a State central committee and 24 county central committees all of which have Statements of Organization on file with the State Board.

Reporting Responsibilities

A central committee must report like any other type of continuing political committee. The committee must submit a series of reports in connection with each presidential, gubernatorial, and Baltimore City election, unless the committee files an Affidavit of Non-participation for a particular election.

Common reporting problems

Central Committees often forget to inform the State Board when officers change. For example, if John Doe loses the election and therefore stops serving as treasurer and Jane Smith takes over, this must be reported to the State Board by John Doe filing a resignation form and Jane Smith filing an appointment form for a new officer. Failure to do so will cause John Doe to remain liable for all reports and late fees, should any arise. In addition to campaign finance reporting, each State and local party committee is required to file and maintain a current version of its constitution and by-laws with the State Board of Elections.

Contributions to a Central Committee

Campaign contributions to a central committee are subject to $4,000/$10,000 contribution limits. However, contributions to a central committee for strictly administrative purposes (such as maintaining the party's normal headquarters and staff) are unlimited, but must be identified as such on the Campaign Finance Reports filed by the central committee. The contributor must earmark the contribution for administrative purposes. The central committee is required to segregate the administrative funds from its other funds.

Contributions and Transfers by a Central Committee

Central committees can make coordinated campaign contributions[1] to party candidates in the following amounts:

 

  • For a State central committee, not more than $1 for every two registered voters in the State (regardless of party affiliation) as of January 1 following the preceding gubernatorial election.
  • For a local central committee, not more than $1 for every two registered voters in the county (regardless of party affiliation) as of January 1 following the preceding gubernatorial election. § 13-226(d) of the Election Law Article

 

In addition to these coordinated campaign expenditures, a central committee may also transfer funds (up to $6,000) to another campaign finance entity. (See Section 7.3 of the Summary Guide.)

[1] A coordinated campaign contribution is an in-kind contribution to a candidate or a group of candidates. For example, if run by a party central committee, a television ad campaign to support the candidacy of one or more candidates is a coordinated campaign expenditure.

Next: Guidance from Maryland Democratic Central Committee Bylaws

 


 

Maryland Democratic Central Committee Bylaws - Article IX

LOCAL DEMOCRATIC CENTRAL COMMITTEES

The members of the Democratic State Central Committee of Maryland elected to represent a particular politicalsubdivision of the State of Maryland shall comprise the Democratic Central Committee for each of said subdivisions.  Each local Democratic Central Committee shall keep a current copy of its constitution and by-laws on file at the Headquarters of the Maryland Democratic Party.

1. Authority - The local Democratic Central Committees shall represent the Maryland Democratic Party within their respective political subdivisions and shall perform such functions required by the laws of the State of Maryland, the Charter and By-Laws of the Democratic Party of the United States, and the Constitution and By-Laws of the Maryland Democratic Party.

2. Responsibilities - Local Democratic Central Committees shall promote the interest of the Democratic Party and its candidates over those of the opposing political parties and candidates. Each local Committee shall be responsible for drafting a two-year work-plan for each election cycle held during its term. This plan, which shall be submitted to the State Chair, will detail the Committee’s efforts to build the local party and support its candidates over the two-year period between General Elections.

3. Membership - The number of members comprising the Democratic Central Committee for a particular subdivision shall be as designated by the local Democratic Central Committee unless otherwise prescribed by law. Each Democratic Central Committee shall certify the size of its committee to the State Administrator of Elections, and its local Board of Elections. Any changes in size shall be filed at least six months prior to a primary election. No person may serve as a member of a local Democratic Central Committee unless that person is a registered Democrat and a bona fide resident of the subdivision.

4. Removal of Members - A member may be declared to have resigned by their local Democratic Central Committee pursuant to the participation standard set forth in Article III, Section 5 above. Members may be subject to removal pursuant to Section 6 above. Such members may appeal their removal to the State Central Committee following the procedure set forth above in that section.

5. Vacancies - In the event of a vacancy in a local Democratic Central Committee, the vacancy shall be filled by the remaining members of that Democratic Central Committee at a public meeting held within forty-five (45) days after the vacancy shall occur. In the event the local Democratic Central Committee fails to fill the vacancy within the allotted time, the Chair of the Maryland Democratic Party may appoint a successor subject to the approval of the Executive Committee.

6. Meetings - Within twenty (20) days following the primary election in which they are elected, the local Democratic Central Committee shall meet at a place and time selected by the chair of the outgoing local Democratic Central Committee for the purpose of organizing the new committee. If no time and place is designated, the Chair of the Maryland Democratic Party or a majority of members of the new local Democratic Central Committee may convene such a meeting. Thereafter, each local Democratic Central Committee shall hold at least six (6) meetings each year, the minutes of which are to be filed with the Headquarters of the Maryland Democratic Party. A quorum for a local Democratic Central Committees shall be at least fifty (50) percent of its members.

7. Filling Vacant Elective Offices - From time to time a local Democratic Central Committee may be empowered or required by law or the Constitution and By-laws of the Maryland Democratic Party to fill a vacant elective office. In such an event, the local Democratic Central Committee shall ensure that reasonable public notice is given concerning the vacancy, the procedure for filling the vacancy, and the qualifications and requirements for candidates to fill the vacancy. Meetings held by a local Democratic Central Committee for the purpose of filling such a vacancy shall be open to the public, and votes for the purpose of filling the vacancy shall be conducted by roll call.

Next: Governing Law

 


 

Maryland State Code, Title 4

§ 4-201. Political party State central committee

(a) In general.- Each political party shall have a State central committee that:

(1) is the governing body of the political party; and

(2) may be composed of the members of the central committees of the counties during their terms in office.

(b) Selection of chairman.-

(1) A party's State central committee shall select the chairman or co-chairmen of the party State central committee.

(2) The chairman or co-chairmen shall be residents of the State during their tenure in office.

(c) Rules of procedure.- A party's State central committee shall determine its own rules of procedure, not inconsistent with the provisions of this article.

[An. Code 1957, art. 33, § 4-201; 2002, ch. 291, §§ 2, 4.]

§ 4-202. Composition of local central committees of principal political parties - Generally.

(a) Election of members of county central committee.-

(1) A principal political party shall elect the members of the county central committee at a primary election.

(2) Except as otherwise provided in this section or § 4-203 of this subtitle, the central committee for a county shall consist of the number of members determined by the party's constitution.

(b) Selection of chairman.-

(1) Except as provided in paragraph (2) of this subsection, the party central committee for each county shall select the chairman of that county's party central committee.

(2) In Baltimore County, the Chairman of the Republican Party Central Committee shall be elected at large.

(c) Residency of members.-

(1) An individual elected to serve as a member of a party central committee shall be a resident of the county in which that central committee is located.

(2) (i) An individual elected from a county who ceases to reside in that county shall be considered to have resigned and may not continue to serve on the central committee.

(ii) An individual elected from a specific legislative district who ceases to reside in that district shall be considered to have resigned and may not continue to serve on the central committee.

(d) Residency of member selected to fill vacancy.-

(1) (i) An individual selected to fill a vacancy in a party central committee shall be a resident of the county in which that central committee is located.

(ii) An individual selected to fill a vacancy of a member elected from a specific legislative district in a party central committee shall be a resident of that legislative district.

(2) Upon relinquishing residency in the county or legislative district in which a member of a party central committee was selected to fill a vacancy, the member shall be considered to have resigned.

(e) Filling of vacancies.-

(1) Except as provided in paragraph (2) of this subsection, a vacancy in the party central committee for a county, or for a legislative district of Baltimore City, Anne Arundel County, or Baltimore County, shall be filled by the remaining members of the committee elected from that county or legislative district.

(2) If a political party does not have county central committees or central committees for legislative districts, vacancies shall be filled in accordance with party rules.

(f) Tenure of members.-

(1) Except as provided in paragraph (2) of this subsection, the tenure in office of a member of the central committee of any political party shall:

(i) begin at the time the results of that election are certified; and

(ii) continue to the extent of any extension in time between primary elections by reason of any change in the date of holding primary elections by a political party in the State.

(2) The tenure in office of a member of the Republican Party Central Committee shall begin on the 14th day following the gubernatorial general election.

(3) For purposes of this subsection, upon relinquishing residency in the county, a member of a party central committee shall be considered to have resigned.

[An. Code 1957, art. 33, § 4-202; 2002, ch. 291, §§ 2, 4; 2006, ch. 570; 2008, ch. 529.]

§ 4-203. Composition of central committees - Local provisions. (Not applicable to Charles County)

(a) Anne Arundel County.- In Anne Arundel County, the members of the Democratic and Republican Party Central Committees for the county shall be elected as follows:

(1) three members shall be elected from each legislative district wholly contained within Anne Arundel County; and

(2) one member shall be elected from that portion within Anne Arundel County of any legislative district that is partially contained within Anne Arundel County.

(b) Baltimore City.-

(1) (i) In Baltimore City, the Democratic Party Central Committee consists of seven members elected from each of the six legislative districts of Baltimore City.

(ii) Each member shall reside in, and be elected by the voters of, the legislative district that the member represents.

(2) (i) The members of the Republican Party Central Committee shall be elected from each councilmanic district of Baltimore City.

(ii) Two members shall be elected from each councilmanic district.

(c) Baltimore County.-

(1) Except as provided in paragraph (2)(ii) of this subsection, in Baltimore County, members of the party central committees may not run at large.

(2) The Republican Party Central Committee shall consist of:

(i) four members elected from each councilmanic district in the county; and

(ii) a chairman elected from the county at large.

(3) For the Baltimore County Democratic Party Central Committee:

(i) twenty-five members, five from each district, shall be elected from legislative districts 6, 8, 10, 11, and 42, each district being located wholly within Baltimore County;

(ii) two members shall be elected from that part of legislative district 5 that is located in Baltimore County;

(iii) four members shall be elected from that part of legislative district 7 that is located in Baltimore County; and

(iv) four members shall be elected from that part of legislative district 12 that is located in Baltimore County.

(4) Only individuals affiliated with the Democratic Party and who are registered to vote in Baltimore County may vote for the election of members to the Baltimore County Democratic Party Central Committee under this section.

(5) The number of Democratic Party Central Committee members to be elected from each legislative district, or portion of legislative district, in Baltimore County shall be determined upon completion of each legislative districting.

(d) Calvert County.- In Calvert County, the Democratic Party Central Committee consists of nine members elected by the voters of the county at large as follows:

(1) two members who reside in the first election district and receive the largest number of votes cast for candidates from that district;

(2) two members who reside in the second election district and receive the largest number of votes cast for candidates from that district;

(3) two members who reside in the third election district and receive the largest number of votes cast for candidates from that district; and

(4) three members who reside in Calvert County and who receive the highest number of votes cast in Calvert County for the remaining candidates.

(e) Carroll County.- In Carroll County, the Republican Party Central Committee shall consist of nine members elected at large.

(f) Montgomery County.-

(1) In Montgomery County:

(i) the Republican Party Central Committee consists of 19 members; and

(ii) the Democratic Party Central Committee consists of 23 members.

(2) For each of those two party central committees:

(i) two members are elected from each of the legislative districts that lie wholly within Montgomery County;

(ii) one member is elected from the Montgomery County part of each legislative district which is partially within Montgomery County; and

(iii) the remainder shall be elected at large.

(3) Any vacancy in a seat on a party central committee held initially by a member elected from a legislative district shall be filled by a person residing in that district.

(4) Any reference to the Democratic Party Central Committee for Montgomery County or any portion of it means the entire membership of the Montgomery County Democratic Party Central Committee, and in no event do the members of the Central Committee elected from a district comprise a separate central committee.

(g) Prince George's County.-

(1) (i) In Prince George's County, members of the Republican Party Central Committee:

1. may not run at large; and

2. shall be elected from within legislative districts of Prince George's County or within that portion of any legislative district lying within Prince George's County.

(ii) The number of members of the Republican Party Central Committee shall consist of two members from each of the eight legislative districts lying within Prince George's County.

(2) (i) In Prince George's County, the Democratic Party Central Committee consists of 24 members.

(ii) 1. Two members shall reside in and be elected by the eligible voters of each of the eight legislative districts lying within Prince George's County.

2. At least one member shall reside in each single-member or two-member delegate district of any district in which there are such districts.

(iii) In addition to the members of the committee elected from legislative districts, eight members of the committee shall be elected by all the eligible voters in the county, and at the time of election, each member shall reside in a different one of the eight legislative districts within Prince George's County.

(iv) A candidate for election to the Democratic Party Central Committee shall declare at the time of filing for candidacy which seat on the Central Committee the candidate is seeking.

(v) If a member who was elected from a specific legislative district ceases to reside in that district, the member may not continue to serve on the Central Committee.

(h) Worcester County.-

(1) In Worcester County, the Democratic Party Central Committee consists of 11 members as follows:

(i) seven members who shall reside in and be elected, respectively, by the eligible voters of each of the seven county commissioner districts; and

(ii) four members who shall reside in Worcester County, be elected at large by the eligible voters of the entire county, and receive the highest number of votes cast for candidates in the at large election.

(2) (i) A candidate for election to the Democratic Party Central Committee shall declare at the time of filing a certificate of candidacy which seat the candidate is seeking.

(ii) A member elected to represent a specific county commissioner district who ceases to reside in that district may not continue to serve on the Central Committee.

(3) Any vacancy in a seat on the Central Committee held by an individual elected from a county commissioner district shall be filled by an individual who resides in that district.

[An. Code 1957, art. 33, § 4-203; 2002, ch. 192, § 2; ch. 276, § 2; ch. 291, §§ 2, 4; 2003, ch. 21, § 1; ch. 77; 2004, ch. 308; 2005, ch. 126; 2006, chs. 377, 552, 570; 2008, ch. 529.]

§ 4-204. Constitution and bylaws.

(a) Adoption.- Except as otherwise provided in this article, each political party shall adopt and be governed by a constitution and all bylaws and rules adopted in accordance with the constitution.

(b) Required provisions.-

(1) The constitution and bylaws of each political party shall provide:

(i) for such matters as in its opinion are necessary for the proper conduct of party affairs;

(ii) for the selection of a State governing body;

(iii) for the calling of regular meetings, advance notification of meetings, and special notice for special meetings;

(iv) for the establishment of a quorum;

(v) a method of amending the political party's constitution and bylaws;

(vi) procedures for filling a vacancy in a nomination for public office;

(vii) for a principal political party, for the convening of a meeting of the central committee within 45 days after the primary election in each gubernatorial election year;

(viii) if the political party is required to nominate its candidates by petition, procedures for determining which of two or more party members who qualify for nomination in the same contest shall be designated on the ballot as nominees of the political party; and

(ix) for the adoption of rules governing the political party.

(2) The Republican Party State Central Committee may adopt provisions in its constitution and bylaws providing for the removal of members of the Republican State Central Committee who fail to discharge the minimum responsibilities of a State central committee member.

(c) Adoption of constitution and bylaws by county central committee of a principal political party.-

(1) In accordance with the constitution and bylaws of a principal political party, the central committee of that party for each county shall adopt a constitution, bylaws, and rules.

(2) Until a central committee adopts a constitution, bylaws, and rules, the central committee shall be governed by the State central committee.

(d) Filing.-

(1) Within 30 days after the adoption or amendment by a political party of a constitution, bylaw, or rule, the political party shall file a copy of the constitution, bylaw, or rule with the State Board.

(2) Within 30 days after the adoption or amendment by a central committee of any county of a constitution, bylaw, or rule, the local central committee shall file a copy of the constitution, bylaw, or rule with the State central committee and the State Board.

(e) New political parties.-

(1) The constitution and bylaws adopted by a new political party shall conform to the requirements of subsections (a), (b), and (c)(1) of this section.

(2) If a new political party decides to form local central committees, the political party shall notify the State Board of the number and size of the local central committees within 6 months after the date the State Board notified the political party that it is considered a State political party.

[An. Code 1957, art. 33, § 4-204; 2002, ch. 291, §§ 2, 4; 2006, ch. 44.]

§ 4-205. Prohibited practices.

(a) Prohibition on incorporation.- A political party in the State may not incorporate under the general laws of the State providing for the formation of a corporation.

(b) Exclusive authority of party central committee.- Unless it is the party State central committee, an organization may not represent that it is the official organization or governing body of any political party.

(c) Penalty.- A person who violates this section shall be guilty of a misdemeanor and shall be subject to the penalties provided in Title 16 of this article.

[An. Code 1957, art. 33, § 4-205; 2002, ch. 291, §§ 2, 4.]

 

 

 

 

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