Soc Media AELR Regs
-
Upload
delegatemike -
Category
Documents
-
view
215 -
download
0
Transcript of Soc Media AELR Regs
-
8/9/2019 Soc Media AELR Regs
1/10
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
-
8/9/2019 Soc Media AELR Regs
2/10
CityAnnapolis
StateMD
Zip Code21401
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.
-
8/9/2019 Soc Media AELR Regs
3/10
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
-
8/9/2019 Soc Media AELR Regs
4/10
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
-
8/9/2019 Soc Media AELR Regs
5/10
.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
-
8/9/2019 Soc Media AELR Regs
6/10
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.
-
8/9/2019 Soc Media AELR Regs
7/10
(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
-
8/9/2019 Soc Media AELR Regs
8/10
(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.
-
8/9/2019 Soc Media AELR Regs
9/10
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
-
8/9/2019 Soc Media AELR Regs
10/10
(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