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Guidance on Reporting as a Ballot Question Committeeoninformation and resources

What is a ballot question committee?

For PACs

Most organizations that raise or spend money to influence a statewide ballot
question in Maine form a political action committee (PAC) for that purpose, andfile regular PAC reports with the Commission. Some advocacy, charitable, orother organizations do not qualify as PACs under the Election Law, but they areinterested in raising and spending money to influence a ballot question. The
Maine Legislature enacted 21-A M.R.S.A. §1056-B to create a reporting
requirement for these non-PAC organizations. The Election Law designates theseorganizations as “ballot question committees” and they will be required toregister with the Commission. A ballot question committee is:ibraryFor Candidates❍Guidance on Reporting❍Reporting Staff TimeuiForms and Guidesirc❍tL

For Ballot Question Committees

For Lobbyists

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Maine Clean Election ActPublications

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Other Disclosure

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Guide to Political Activity

Laws and Rules

online services
Lobbyist Registration[a]ny person not defined as a political action committee who
receives contributions or makes expenditures, other than bycontribution to a political action committee, aggregating in excess
of $5,000 for the purpose of initiating, promoting, defeating or
influencing in any way a ballot question must file a report with theCommission.

rsFor Executive Employees

Does the requirement apply only to individuals?
No. Under Maine Election law, the term “person” includes individuals,committees, firms, partnerships, corporations, associations, or organizations.
When do ballot question committees have to register with theCommission?
Within seven days of receiving contributions or making expenditures to influence
an election that exceed $5,000, a ballot question committee must register withthe Commission. The committee must file an initial campaign finance report atthe time of registration.

Qualifying Contributions
Penalty Payment

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How do ballot question committees register with the Commission and filefinancial reports?

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The committee must register and file an initial campaign finance report using
paper forms (available on the Commission’s website). Subsequent reports mustbe filed according to the filing schedule. At this time, ballot question committees
cannot file campaign finance reports electronically.

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What contributions must be reported by ballot question committees?

funds that the contributor specified were given in connection with a ballotquestion;

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Section 1056-B covers “contributions [received] for the purpose of initiating,promoting, defeating or influencing in any way a ballot question ….” This
includes:ui

funds provided in response to a solicitation that would lead the contributor
to believe that the funds would be used specifically for the purpose ofinitiating, promoting, defeating or influencing in any way a ballot question;
funds that can reasonably be determined to have been provided by thecontributor for the purpose of initiating, promoting, defeating or influencingin any way a ballot question when viewed in the context of the contribution
and the recipient’s activities regarding a ballot question; andbyFirs●tCirc●Lastviewed●

funds or transfers from the general treasury of an organization filing aballot question report.

Funds provided in response to a solicitation that would lead the contributor tobelieve that the funds would be used to support an organization’s generalactivities, rather than activities relating to a ballot question, do not need to bereported.
A ballot question committee must report but is not required to itemize
contributions from a single source that aggregate $100 or less in any election.
What expenditures must be reported by a ballot question committee?

expenditures for communications to voters for the purpose of promoting oropposing a ballot question, including advertising on television, radio, andprint media; literature that is mailed or distributed by hand to voters;
automated telephone calls and scripted calls from live callers; signs,
bumper stickers, and other forms of outdoor advertising;

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Section 1056-B covers expenditures for communications and activities made “forthe purpose of initiating, promoting, defeating or influencing in any way a ballotquestion.” The Commission interprets this to include communications andactivities which expressly advocate for or against a ballot question or whichclearly identify a ballot question by apparent and unambiguous reference and aresusceptible of no reasonable interpretation other than to promote or oppose theballot question. Expenditures to be reported include:

staff time canvassing (conducting door-to-door visits to) voters;
travel expenses paid to employees or volunteers who are conducting
activities to promote or oppose a ballot question;tC

staff time preparing presentations, testimony, letters to the editor, opinion
pieces, articles for publication, or press releases to promote or oppose aballot question;

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ibrary●staff time promoting or opposing the ballot question at public or pressevents;tL●

research or analysis, including written reports and legal opinions, where theorganization knows or reasonably should know that the results will be used
to promote or oppose a ballot question and where the results are used forthat purpose; andFiLastview

edby●●expenditures to distribute research or technical analysis regarding a ballot
question for the purpose of encouraging voters to vote yes, or no, on thequestion.

This list is not intended to be exhaustive and is similar to the types ofexpenditures reported by political action committees to promote or defeat a ballot
question.
What expenditures are not covered by § 1056-B?
The Commission interprets § 1056-B as excluding expenditures for11

communications or activities that do not clearly identify a ballot question byapparent and unambiguous reference. In addition, expenditures made merely to
educate voters or others about a ballot question in a neutral way are not coveredby §1056-B, even if a ballot question is clearly identified. These would include
expenditures for:

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distributing news stories, commentary, or editorials concerning a ballot
question through the facilities of a broadcasting station, newspaper,magazine, or other periodical publication, unless the facilities are owned orcontrolled by persons otherwise engaged in other advocacy activities topromote or oppose the ballot question; andresearch or analysis concerning a ballot question paid by an entity which is
not otherwise participating in the ballot question campaign, provided thatthe research or analysis does not clearly express support for or opposition
to the ballot question or urge others to vote for or against the ballotquestion.

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hosting a meeting at which advocates or members of the public are invited
to present their views on the ballot question, provided that the sponsors of
the event make reasonable efforts to ensure that the forum is balanced;

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Ballot question committees must report but are not required to itemize
expenditures to a single payee that total $100 or less in an election.

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Do “expenditures [made] … for the purpose of initiating … a ballotquestion” include payments to staff or other expenses incurred indrafting legislation intended as a direct initiative?
Yes. If an organization pays its employees (or incurs other expenses) to draft
legislation that the organization intends will be submitted to the Secretary ofState as a direct initiative (even if submitted by a different organization orindividuals), those expenses should be counted as expenditures made to initiate aballot question.
What about expenditures to circulate ballot question petitions to collectsignatures, and other expenses of advocates for and against a ballot
question during the signature-gathering phase?
In 2006, the Legislature amended the term “expenditure” to clarify thatpayments of money to collect signatures for a ballot question must be reported.
The Commission interprets the “expenditures [made] … for the purpose of …

defeating or influencing in any way” includes payments made by opponents of theballot question during the time period in which proponents may gather petition
signatures.

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What if an organization raises money to give to a PAC?

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If an organization solicits and receives contributions for the purpose of influencing
a ballot question and gives those funds to a PAC, the contributions received by
the organization count towards the $5,000 threshold. For example, if a tradeassociation solicits funds from its members in order to make a contribution to a
PAC involved in a ballot question, the trade association may have to register as aballot question committee if it raised more than $5,000. It is not the contribution
to the PAC that triggers the registration requirement; it is the fund-raising
activity by the trade association that triggers it.
What if an organization contributes or transfers funds to anotherorganization which is not a PAC?

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A contribution or transfer of funds from one organization to another organization
for the purpose of influencing a ballot question counts towards the $5,000
threshold as an expenditure made by the first organization.

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What if an organization donates the time of its paid employees to a PAC
to influence a ballot question or makes payments to vendors for goods orservices to influence a ballot question in coordination with a PAC?

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Donating paid staff to a PAC, or coordinating expenditures with a PAC are in-kind
contributions to the PAC. They do not count toward the $5,000 expenditure
threshold that would trigger filing of a §1056-B report by the donor; however, thePAC must report them as in-kind contributions.
An organization’s expenditures to influence a ballot question may be considered
an in-kind contribution to a PAC only if they are coordinated with the PAC or are
accepted by a PAC. Expenditures to influence a ballot question madeindependently of the PAC should not be considered contributions to the PAC andwould count toward the $5,000 threshold.
Guidance to PACs and Contributors on the Reporting of In-Kind
Contributions
In 2006, some PACs involved in ballot question campaigns reported receiving
significant in-kind contributions from other organizations, but provided little detailregarding the goods and services they received. In future elections, the9/
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Commission will request that PACs provide more detail about large in-kind
contributions they have received. For example, if a PAC reports that it received
significant paid staff time from another organization, it should include a
description of those staff activities and the number of hours of staff time thatwere contributed. A PAC’s reporting of coordinated spending made by acontributor should include a brief description of the goods and services that werepurchased and their value. Contributed staff and coordinated expenditures
should not be lumped together as a single contribution for the reporting period,
but should be itemized as separate contributions.
Other Guidance

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If you have any questions, please telephone the Commission’s PAC/Party/Lobbyist Registrar at 287-4179.
Adopted by the Commission on July 27, 2008

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