Lollar’s New Day PAC delinquent on Campaign Fines
Earlier this week we talked about Charles Lollar being paid a salary from this 2010 Congressional Campaign. While there was no violation of law in that instance, there are legal problems relating to Lollar’s New Day Maryland PAC.
As it turns out, the New Day Maryland PAC owes approximately $1,750 in fines to the Maryland State Board of Elections for late filing of campaign finance reports covering a period from July 2011-present:
Under Maryland state law the Chairman and Treasurer of a campaign finance entity is personally responsible for the fines and violations; the fines cannot come from campaign funds and must be paid out of personal dollars.
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Interestingly, § 13-332 of the Annotated Code of Maryland notes that a Candidate or Treasurer who fails to file a campaign report or pay the late filing fee is actually disqualified from eligibility to be a candidate for public office until such fees are paid. Including Governor, theoretically meaning Lollar faces disqualification from a second straight Gubernatorial election.
§ 13-332. Disqualiﬁcation — Eligibility to be candidate or treasurer. An individual may not become a candidate for any public or party office in this State or become a treasurer for a campaign ﬁnance entity if, as to any campaign ﬁnance report due under § 13-304 of this subtitle from, or on behalf of, that individual during the preceding ﬁve calendar years: (1) there exists a failure to ﬁle as speciﬁed in § 13-327 of this subtitle; or (2) the individual has failed to pay a late ﬁling fee that is due. (An. Code 1957, art. 33, § 13-403(b); 2002, ch. 291, § 4.)
What else happens if you don’t file your reports and don’t pay your fines? Well § 13-335 of the Annotated Code of Maryland gives us that answer:
(a) Show cause notice. — (1) If the State Board determines that there has
been, for more than 30 days, a failure to ﬁle a campaign ﬁnance report within
the meaning of § 13-327 of this subtitle, the State Board shall issue the notice
prescribed in paragraph (2) of this subsection to the responsible officers of the
campaign ﬁnance entity in violation.
(2) The notice shall demand that, within 30 days after service of the
(i) the failure to ﬁle be rectiﬁed and any late ﬁling fee due be paid; or
(ii) the responsible officers show cause why the State Board should not
ask the appropriate prosecuting authority to prosecute the responsible officers
for a violation of this subtitle.
(3) In its discretion, the appropriate prosecuting authority may refer the
matter for action to the Central Collection Unit within the Department of
Budget and Management.
(b) Penalty. — A responsible officer who fails, without cause, to ﬁle the
campaign ﬁnance report and pay the late fee within 30 days after service of the
notice prescribed in subsection (a)(2) of this section is guilty of a misdemeanor
and on conviction is subject to the penalties prescribed in § 13-603 of this title
Pay particular attention to subsection (a)(3) that discusses referring the matter for action to the Central Collection Unit. The Central Collection Unit (CCU) s an agency, as noted, within the Department of Management and Budget, that debts owed to the state of Maryland are referred to. The prosecuting attorney to whom a campaign finance violation has been referred to can refer these campaign finance violations to the CCU at their discretion.
Which certainly makes this case found on the Maryland Courts Case Search site, very interesting.
So on September 11, 2013, a judgment against Charles Lollar was rendered in the Charles County District Court in favor of the CCU, awarding a total of $1643.24 cents.
Nothing specifically connects the New Day Maryland PAC fines to the Central Collection Unit case against Lollar, but the evidence can easily lead one to the conclusion that the two stories are related.
On Monday afternoon (before I posted Monday’s story) I asked Lollar Campaign Manager Karen Winterling for a comment both on the salary Lollar was paid during the 2010 Congressional Campaign and the Central Collection Unit case. To date, Winterling has not responded.
Lots of folks in the Lollar camp are righteously indignant that Red Maryland is reporting on Lollar and the things that he has done, though it would seem they should be bothering their candidate for answers instead of us for just talking about facts. We will continue to vet our candidates to ensure that we have a Republican nominee who is worth of carrying the torch of our party.