THE BALTIMORE SUN: Gov. Moore’s planned attendance at political fundraiser raises legal questions

Maryland Gov. Wes Moore is set to appear as a “featured guest” at a political action committee event in early April that’s raising eyebrows among some in Annapolis — though a lawyer for the PAC says everything is above board.

The event invitation, obtained by The Baltimore Sun, states, “You are invited to join us for dinner with featured guest Governor Wes Moore” and “Unity First PAC is soliciting all funds for this event.” Maryland law places certain limits on fundraising activities by the governor and other state officials during the General Assembly session, but the event is scheduled for April 2 — five days before the conclusion of the session.

Senate Minority Whip Justin Ready, a Republican who represents Carroll and Frederick counties, criticized the governor’s planned appearance at the event, but said he didn’t know “whether it’s technically legal.”

“I’m not sure about the letter of the law, but the spirit of the law is, you’re not using your position as a state official to raise funds during the legislative session,” he said.

David Mitrani of Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., who serves as counsel to Unity First PAC, said in an emailed statement to The Baltimore Sun that it is legal for Moore to attend the event: “Governor Moore is permitted to appear at a fundraising event for Unity First PAC, an independent expenditure committee registered with the Federal Election Commission, including during Maryland’s regular legislative session.”

The governor’s office did not respond to a request for comment.

Jared DeMarinis, the state’s elections administrator, said he can’t comment specifically on the Unity First PAC event because “we don’t have all the information as to the event and everything.” But he did comment more generally on what the law states.

“Basically it’s a prohibition on covered officials — they include the members of the General Assembly, the Comptroller, the Treasurer, the Attorney General, the lieutenant governor, and, of course, the governor — that they’re prohibited, during session, from soliciting contributions for candidates for federal, state and local office,” DeMarinis said. “So that is the prohibition, and that’s the law. And everything — activities would be judged against that standard.”

Moore began fundraising for Unity First PAC when it launched last summer, with the help of Ned Miller, the governor’s campaign manager in 2022 who then worked as a senior adviser in Moore’s official office until last June. It ultimately raised $768,000 and spent nearly $500,000, mostly on media to boost Democrat Angela Alsobrooks in her race against former Gov. Larry Hogan, a Republican. Organized as an “independent expenditure” committee, it is permitted under federal law to spend money to benefit or oppose candidates, but it’s barred from coordinating with those candidates directly.

Ready said the law is intended to prevent state officials from “taking money from interests that are trying to influence your decision,” during a legislative session.

Ready also criticized the timing of the event.

“Especially with the state facing the crisis we’re facing, partisan political fundraising for a D.C. super PAC, to me, is not a good move,” he said.

PAC’s lawyer claims no legal violation

Mitrani, Unity First PAC’s lawyer, wrote that the PAC does not “engage in activity that is covered under Maryland’s campaign finance law and is not a candidate committee (it is a political action committee), and is therefore not subject to the legislative session blackout periods. It is not currently (and will not before the date of the event) supporting any candidates for federal, state, or local office.”

Maryland campaign finance law states that during a legislative session, the governor, or a person acting on the governor’s behalf, “may not, as to a candidate for federal, State, or local office, or a campaign finance entity of the candidate or any other campaign finance entity organized under this title and operated in coordination with a candidate: (1) receive a contribution; (2) conduct a fund-raising event; (3) solicit a contribution…”

State regulations also prohibit the governor from engaging in fundraising activities for certain people, regulations that Mitrani said the governor and his campaign have complied with.

“[T]here is no fundraising activity whatsoever for his campaign committee, other candidates, slates, or the party,” Mitrani said.

Mitrani added that Unity First PAC is registered with the Federal Election Commission, not the Maryland State Board of Elections, and “does not engage in activity regulated under Maryland’s campaign finance law…”

Sophia Silbergeld, who serves as a top political fundraiser for Moore and is listed on the invitation as the R.S.V.P. contact, didn’t respond when asked about the purpose of the event or how much it costs to attend. She also didn’t respond about why the event couldn’t be scheduled after the conclusion of the legislative session, to avoid raising questions about campaign finance law compliance.

Is Moore technically raising money?

The governor, state lawmakers and others are allowed to raise money during the legislative session if they’ve officially filed to run for an office.

This is “generally” true of state lawmakers who are raising money for their own federal campaigns, in states where there is a “session ban,” said Jason Torchinsky, an attorney specializing in campaign finance at the law firm Holtzman Vogel, which has offices in Washington, D.C., and Virginia.

However, “Since Moore isn’t a federal candidate, I’m not sure this same exemption applies squarely,” Torchinsky said in an email. “But if you look at the invite, they are careful to say that Moore is a guest speaker and the PAC is raising the money. I think they are taking the position that by simply speaking at their event, he’s not raising money.”

The invitation states, “Unity First PAC is soliciting all funds for this event.” It also states, “Paid for by Unity First PAC… and not authorized by any candidate or candidate’s committee.”

A summary guide of Maryland candidacy and campaign finance laws on the Maryland State Board of Elections website states, “The use of a covered official’s name on a fundraising invitation gives the impression that the official is actively engaging in the solicitation for the fundraising event. Therefore, the name of the official may not be placed on fundraising invitations during legislative session.”

Walking a ‘fine line’

Asked for guidance about the legality of the PAC event, Matthew Foster, a professor at American University’s school of public affairs, said, “This is a truly in the weeds one. And definitely walks the fine line of legality and the spirit of the law.”

Len Lucchi, an attorney and registered lobbyist who represents various entities before the General Assembly, said prohibitions in state law shouldn’t apply in this case.

“That doesn’t seem enforceable to me, because it’s a state law trying to regulate federal election campaigns,” Lucchi said.

Federal law does trump state law “unless the two can be applied simultaneously without being in conflict,” said Bradley Smith, a faculty member at Capital University Law School who previously was nominated to the Federal Election Commission by former President Bill Clinton.

Smith said he doesn’t see why state and federal law would conflict when it comes to fundraising events occurring during a General Assembly session.

“It would be legal under federal law, but if he’s a state official, he’s probably got a state issue that limits him,” Smith said.

Future campaigns

Under Maryland law, the PAC would not be permitted to spend money on Moore’s reelection campaign next year. Moore had nearly $5 million in the bank for that effort as of earlier this year, after raising more than $4.1 million during the nine months after the legislative session in 2024. The governor also raised about $1.1 million for Vice President Kamala Harris, and President Joe Biden before he ended his campaign, including while he traveled across the country to fundraisers on their behalf.

Aside from his campaigning for Harris and Biden, Moore has been a sought-after campaign surrogate for Democrats in other states, and he is likely to campaign with and fundraise for them during the high-stakes midterms in 2026.