Soc Media AELR Regs

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MARYLAND REGISTER

Emergency Action on Regulations

TO BE COMPLETEDBY AELR COMMITTEE

Date Received by AELRCommittee

06/09/2010

Emergency StatusApproved

_-Yes _-No

Emergency Status Begins On

Emergency Status Ends On

Name of AELR CommitteeCounsel

EMERGENCY

Transmittal Sheet

TO BE COMPLETED BYDSD

Date Filed with Division ofState Documents

Document Number

Date of Publication in MDRegister

1. COMAR Codification

Title Subtitle Chapter Regulation

33 13 07 01 - .05

2. Name of Promulgating Authority

State Board of Elections

3. Name of Regulations CoordinatorNikki B Trella

Telephone Number410-269-2843

Mailing Address

State Board of Elections


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CityAnnapolis

StateMD

Zip Code21401

[email protected]

4. Name of Person to Call About this DocumentJared DeMarinis Telephone No.410.269.2853

Email [email protected]

5. Check applicable items:

X- New Regulations_- Amendments to Existing Regulations_- Repeal of Existing Regulations_- Incorporation by Reference of Documents Requiring DSD Approval

6. Date Requested for Emergency Status to Begin:6/25/2010

Date Requested for Emergency Status to Expire:12/20/20107. Agency Will Take the Following Action on These Regulations

X- Promulgate them in accordance with State Government Article, 10-101 -- 10-126

_- Allow them to expire

8. Is there proposed text which is identical to emergency text:X- Yes _- No

If yes, corresponding proposed text published in:

X- same issue

_- future issue_- previous issue; it appeared in

: Md. R

(vol.) (issue) (page no's) (date)

Under Maryland register docket no.: --E.

9. Check the following item if it is included in the attached document:

_- Incorporation by Reference (IBR) approval form(s) attached and 18 copies of documentsproposed for incorporation submitted to DSD. (Submit 18 paper copies of IBR document toDSD and one copy to AELR.)

10. Reason for Request for Emergency StatusEmergency status is requested for the following reasons:

1. To ensure that the regulations are in effect for the upcoming elections;2. To respond to one known example in Maryland where a social networking site supporting acandidate was changed to opposing the candidate without the candidate's knowledge; and3. To ensure that candidates for the 2010 elections have clear rules about authority lineswhen using electronic media.

11. Certificate of Authorized Officer

I certify that the attached document is in compliance with the Administrative Procedure Act.


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I also certify that the attached text has been approved for legality by Jeffrey Darsie, AssistantAttorney General, (telephone #410.576.6356) on June 3, 2010. A signed copy of theapproval is on file at this agency.

Name of Authorized Officer

Linda H. LamoneTitle Telephone No.

State Administrator 410-269-2840

Date

June 7, 2010

Title 33

STATE BOARD OF ELECTIONS

Subtitle 13 CAMPAIGN FINANCING

33.13.07 Authority Line Requirements; Electronic MediaAuthority: Election Law Article 2-102(b)(4) and Title 13, Subtitle 4, Part I, Annotated

Code of Maryland

Notice of Emergency Action

[]

The Joint Committee on Administrative, Executive, and Legislative Review has

granted emergency status to new Regulations .01 - .05 in a new Chapter 07 Authority

Line Requirements; Electronic Media in COMAR 33.13 Campaign Financing.

Emergency status began:

Emergency status expires:

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Estimate of Economic Impact

The emergency action has no economic impact.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

Economic Impact Statement Part C


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A. Fiscal Year in which regulations will become effective: FY 2010

B. Does the budget for the fiscal year in which regulations become effective contain

funds to implement the regulations?

No

C. If 'yes', state whether general, special (exact name), or federal funds will be used:

D. If 'no', identify the source(s) of funds necessary for implementation of these

regulations:

No funds are necessary to implement these regulations.

E. If these regulations have no economic impact under Part A, indicate reason briefly:

These regulations are technical in nature and do not have a fiscal impact.

F. If these regulations have minimal or no economic impact on small businesses under

Part B, indicate the reason and attach small business worksheet.

These regulations define the use of authority lines by a political committee on campaign

material published or distributed by electronic media and do not impact small

businesses.

G. Response to small business worksheet:

Attached Document:

ALL NEW

33.13.07

Authority: Election Law Article 2-102(b)(4) and Title 13, Subtitle 4, Part I, Annotated

Code of Maryland

Chapter 07 Authority Line Requirements; Electronic Media


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.01 Definitions.

A. For purposes of this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Social media means an electronic medium where users may create and

view user generated content, such as uploaded or download videos or still photographs,

blogs, video blogs, podcasts, instant messages, or email.

(2) Micro-blog means a web service that allows the user to post and send

either to a selected group of people or so that they can be viewed by anyone short user

generated content which includes text messages, photos or videos.

(3) Electronic media advertisement means an advertisement, logo, or small

icon that is posted on social media, a micro-blog, the Internet, or other forms of electronic

media.

(4) (a) Political committee has the meaning stated in Election Law

Article, 1-101, Annotated Code of Maryland.

(b) Political committee includes a candidate.

.02 Requirements.

A. In General.

(1) Each item of campaign material shall contain an authority line as required

under Election Law Article, 13-401, Annotated Code of Maryland.

(2) A website, email, or other online content that is established by a political

committee for the purpose of promoting or opposing a candidate, prospective candidate,

or the approval or rejection of a question is campaign material as defined under Election

Law Article, 1-101(k), Annotated Code of Maryland and, except as otherwise specified


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in this regulation, shall include an authority line as required under Election Law Article,

13-401, Annotated Code of Maryland.

B. Social Media.

(1) A social media account established by a political committee for the

purpose of promoting or opposing a candidate, prospective candidate, or the approval or

rejection of a question is campaign material as defined under Election Law Article, 1-

101(k), Annotated Code of Maryland.

(2) A political committee that maintains a social media account is in

compliance with the authority line requirement if the political committee or person posts

the authority line information required under Election Law Article, 13-401(a),

Annotated Code of Maryland in the account profile or prominently on the landing or

home page of the account.

C. Micro-Blog.

(1) A micro-blog established by a political committee for the purpose of

promoting or opposing a candidate, prospective candidate or the approval or rejection of

a question is campaign material as defined under Election Law Article, 1-101(k),

Annotated Code of Maryland.

(2) A political committee that maintains a micro-blog account is in

compliance with the authority line requirement if:

(a) The authority line required under Election Law Article, 13-

401(a), Annotated Code of Maryland is posted on the account profile or prominently on

the landing or home page of the micro-blog account.


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(b) In cases where the micro-blog account does not permit the posting

of the authority line, the political committee shall register the micro-bog account and the

authority line information required under Election Law Article, 13-401(a), Annotated

Code of Maryland with the State Board.

D. Electronic Media Advertisements.

(1) An electronic media advertisement published or distributed by a political

committee for the purpose of promoting or opposing a candidate, prospective candidate,

or for the approval or rejection of a question is campaign material as defined under

Election Law Article, 1-101(k), Annotated Code of Maryland.

(2) Authority Line Required.

(a) A political committee that establishes an electronic media

advertisement shall include the authority line required under Election Law

Article, 13-401(a)(1), Annotated Code of Maryland within the advertisement.

(b) If an electronic media advertisement is too small to include the

authority line information required under Election Law Article, 13-401(a), Annotated

Code of Maryland in a legible manner, the political committee is in compliance with the

authority line requirement under Election Law Article, 13-401(a), Annotated Code of

Maryland if:

(i) For an advertisement that allows the viewer to click on the

electronic media advertisement, the user is taken to a landing or home page that

prominently displays the authority line information required under Election Law Article,

13-401(a), Annotated Code of Maryland, or


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(ii) For an advertisement that does not allow the viewer to click

on the electronic media advertisement, the political committee shall register the

advertisement and the authority line information required under Election Law Article,

13-401(a), Annotated Code of Maryland with the State Board.

(c) Examples of electronic media advertisements that are too small to

contain an authority line as required under Election Law Article, 13-401(a), Annotated

Code of Maryland include:

(i) A micro bar,

(ii) A button ad,

(iii) A paid text advertisement that is 200 characters or less in

length, and

(iv) A paid graphic or picture link where it is not reasonably

practical due to the size of the graphic or picture link

.03 Special Circumstances.

A. Multiple Political Committees; Shared Costs. Campaign material produced,

distributed, and published jointly by more than one political committee shall contain the

authority line on the campaign material for every political committee that purchased the

campaign materials directly from the supplier or vendor.


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B. Multiple Political Committees; Non-Shared Costs. Campaign material produced,

distributed, and published jointly by more than one political committee but paid for by

one political committee shall:

(1) Bear the authority line from the purchasing political committee only; and

(2) Report the campaign material as an in-kind contribution from the

purchasing political committee to the other political committees associated with the

campaign material.

.04 Retention.

A. Minimum Requirement. A political committee shall retain a sample copy of each

item of campaign material for at least 1 year after the general election next following the

date when the campaign material item was published or distributed.

B. Electronic Media Advertisement. For each item of campaign material that is an

electronic media advertisement, the political committee shall retain a sample copy for at

least 1 year after the general election next following the date when the campaign material

item was published or distributed in:

(1) A paper format, or


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(2) A non rewriteable electronic medium that can produce paper facsimile

upon request.

C. Social Media or Micro-Blog. For each text message or communication published

or distributed on a social media or a micro-blog, the political committee or candidate

shall retain a detailed log of the date and content of the text message or communications

posted by the candidate or political committee for at least 1 year after the general election

next following the date of the text message or communication.

.05 Enforcement.

Subject to the penalties of Election Law Article, 13-602(b), Annotated Code of

Maryland, a political committee may not publish or distribute, or cause to be published

or distributed, campaign material in violation of this chapter.

END ALL NEW