The Jim Smith Rule

A campaign finance reform bill that is under consideration in the last hours of the Maryland General Assembly session contains a provision that some in Annapolis are calling the "Jim Smith rule."

"If you don't file to run you have to get off the slate," said Jennifer Bevan-Dangle, executive director of Common Cause Maryland.

In 2010, the former to three Democratic County Council candidates—Cathy Bevins, Tom Quirk and Ben Sutley. The donations were made in the form of transfers among members of a slate campaign committee controlled by Smith even though he was no longer a candidate. Smith transferred the money through his Baltimore County Victory Slate account.

Under current state law, candidates like Smith can keep their campaign accounts open and active for eight years following the first election where their name does not appear on the ballot.

During that time, the candidate can raise and spend money and are required to file reports just like those who run for office.

Smith currently has more than $555,000 in campaign account as of the most recent report filed in January.

Another provision of the bill that would affect Smith and other slate accounts is a proposed change that would limit transfers to just $24,000 in any four-year cycle.

Current law allows for unlimited transfers between all members of the slate.

Smith set up his slate committee during his 2006 re-election campaign. That same year he transferred $430,000 from his own campaign account to the slate account. That money was later transferred, legally, to the account of Scott Shellenberger, who was running for his first term as Baltimore County state's attorney.

The bill must still be passed by the House and Senate by midnight Monday.