Maryland’s social media rules for politics

Thanks to my dogged determination (and to follow-up from a prior post) I secured what I believe are the proposed rules that the Maryland State Board of Election considered at their June 3, 2010 meeting.

* * * * *

Chapter 07   Authority Line Requirements; Electronic Media

.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 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.

(b)        In cases where the micro-blog account does not permit the posting of the authority line, the political committee shall register the micro-blog 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

(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.  Except for television and radio commercial advertisements, 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.

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

(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 containing 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.

Comments are closed.