An Act To Amend the Laws Governing Campaign Finance
Maine Legislature, Session 121, LD 1339
Committee: Legal and Veterans Affairs
Sponsors: CANAVAN, GAGNON, ADAMS, DUDLEY, DUPLESSIE, LERMAN, SUSLOVIC
Amends: 21-A MRSA §1014, 21-A MRSA §1017, 21-A MRSA §1019, 21-A MRSA §1053, 21-A MRSA §1055, 21-A MRSA §1060

Legislative Document 
No. 1339 
H.P.984 
House of Representatives, March 12,2003 
An Act To Amend the Laws Governing Campaign Finance 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CANAVAN of Waterville. 
Cosponsored by Senator GAGNON of Kennebec and 
/rl~ 
/J7·llltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, DUDLEY of Portland, DUPLESSIE of Westbrook, 
LERMAN of Augusta, SUSLOVIC of Portland. 
Print~d on recyl.: leu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRS A §1012, sub-§3, ,A, as enacted by PL 1985, c. 
161, §6, is amended to read: 
A. 
Includes: 
(1) 
A purchase, payment, distribution, loan, advance, 
deposit or gift of money or anything of value made for 
the purpose of influencing the nomination or election 
of any person to political office, except that a loan 
of money to a candidate by a financial institution in 
this State made in accordance with applicable banking 
laws 
and regulations 
and in the ordinary course of 
business is not included; 
(2) 
A contract, promise or agreement, 
expressed or 
implied, whether or not legally enforceable, to make 
any expenditure; SF 
(3) 
The 
transfer 
of 
political committee to 
committee; and 
funds 
by 
a 
candidate 
or 
a 
another candidate or political 
(4) 
Payment 
or 
promise 
of 
payment 
to 
a 
person 
contracted 
with 
for 
the 
purpose 
of 
supporting 
or 
opposing any candidate, campaign, political committee, 
political action committee, political party, referendum 
or initiated petition; and 
Sec. 2. 21-A MRSA §1014, sub-§l, as amended by PL 1991, c. 
839, §8, is further amended to read: 
1. 
Authorized by candidate, candidate's political party or 
party committee. 
Whenever 
a 
person makes 
an expenditure to 
finance 
a 
communication expressly advocating the election or 
defeat of a clearly identified candidate through broadcasting 
stations, newspapers, magazines, outdoor advertising facilities, 
direct mails or other similar types of general public political 
advertising or through flyers, handbills, 
bumper stickers and 
other 
nonperiodical 
publications, 
the 
communication, 
if 
authorized by a 
candidate, 
a 
candidate's authorized political 
committee, a candidate's party committee or their agents, must 
clearly and conspicuously state that the communication has been 
so authorized and must clearly state the name and address of the 
person 
who 
made 
or 
financed 
the 
expenditure 
for 
the 
communication. 
The following forms of political communication 
do not require the name and address of the person who made or 
authorized the expenditure for the communication because the name 
or address would be so small as to be illegible or infeasible: 
Page l-LR02l6(1) 
ashtrays, badges and badge holders, balloons, campaign buttons, 
clothing, 
coasters, 
combs, 
emery 
boards, 
envelopes, 
erasers, 
glasses, 
key 
rings, 
letter openers, 
matchbooks, 
nail files, 
noisemakers, 
paper 
and plastic cups, 
pencils, 
pens, 
plastic 
tableware, l2-inch or shorter rulers, swizzle sticks, tickets to 
fund-raisers and similar items determined by the commission to be 
too small and unnecessary for the disclosures required by this 
section. 
Sec. 3. 21-A MRSA §1014, sub-§l-A is enacted to read: 
A. 
Additional 
broadcast 
disclosure 
reqJ1irements; 
candidate. authorized political party and party coumittee. 
In 
addition to the 
requirements of subsection 1, 
the 
following 
requirements apply to television and radio broadcasts authorized 
by 
a 
candidate, 
a 
candidate's authorized political party, 
a 
candidate's party committee or their agents in which the opponent 
of the candidate, candidate's authorized political committee or 
candidate's party committee is identified, either by name, voice, 
picture or other reference. 
A. 
If 
the 
communication described in subsection 
is 
broadcast on television, the advertisement must contain an 
unobscured, full-screen picture, either still or moving, of 
the candidate or the treasurer of the candidate's authorizeq 
political 
party 
or 
party 
committee 
accompanied 
by 
the 
following words, or words substantially similar, spoken by 
the candidate or treasurer: 
"I am 
(name of candidate or 
treasurer of candidate's authorized political party or party 
committee) and this ad was paid for by (name of candidate or 
candidate's authorized committee or party committee}." 
B. 
If 
the 
communication 
described 
in 
subsection 
is 
broadcast 
on 
radio, 
the 
advertisement 
must 
contain 
the 
following words, or words substantially similar, spoken by 
the candidate or treasurer of the candidate's authorized 
poli tical party or pa~ 
commi ttee: "I am (name of candidate 
or treasurer of candidate's authorized political party or 
party committee) 
and this ad was paid for 
by 
(name 
of 
candidate 
or 
candidate's 
authorized 
committee 
or 
party 
committee}." 
Sec. 4. 21-A MRSA §1014, sub-§2, as enacted by PL 1985, c. 
161, §6, is amended to read: 
2. 
Not 
authorized by 
candidate. 
If the 
communication 
described in subsection 1 is not authorized by a candidate, a 
candidate's authorized political committee, 
a candidate's party 
commi ttee or their agents, the communication must clearly and 
conspicuously state that the communication is not authorized by 
any candidate and state the name and address of the person who 
made or financed the expenditure for the communication. 
Sec. 5. 21-A MRSA §1014, sub-§2-A is enacted to read: 
2-A. 
Additional 
broadcast 
disclosure 
requirements: 
not 
authorized by candidate. 
In addition to the requirements of 
subsection 2, the following requirements apply to communications 
broadcast on television or radio not authorized by a candidate, a 
candidate's 
authorized political 
party, 
a 
candidate's 
party 
committee or their agents in which a candidate is identified, 
either by name, voice, picture or other reference. 
A. 
If the 
communication described in subsection 
is 
broadcast on television, the advertisement must contain an 
unobscured, full-screen picture, either still or moving, of 
the 
person 
who 
made 
or 
financed 
the 
communication 
accompanied by the following words, or words substantially 
similar, spoken by that person: "I am (name of person) and I 
sponsored 
this 
ad 
(opposing 
or 
supporting) 
(name 
of 
candidate) for (name of office)." 
B. 
If the 
communication described in subsection 
is 
broadcast 
on 
radio, 
the 
advertisement 
must 
contain 
the 
following words, or words substantially similar, spoken by 
the person: "I am (name of person) and I sponsored and paid 
for this ad (opposing or supporting) (name of candidate) for 
(name of office)." 
Sec. 6. 21·A MRSA §1014, sub-§3, as enacted by PL 1985, c. 
161, §6, is repealed and the following enacted in its place: 
3. 
Broadcasting prohibited without disclosure. 
A person 
operating 
a 
broadcasting station within this 
State 
may 
not 
broadcast any communication, as described in subsections 1, I-A, 
and 
2-A without the oral 
or written visual 
announcements 
required by those subsections. 
Sec. 7. 21-A MRSA §1017, sub-§5, as amended by PL 1991, c. 
839, §17, is further amended to read: 
5. 
Content. 
A report required under this section must 
contain the itemized accounts of contributions received during 
that report filing period, including the date a contribution was 
received, and the name, address, occupation, principal place of 
business, if any, 
and the amount of the contribution of each 
person who has made a contribution or contributions aggregating 
in 
excess 
of 
$50. 
The 
report 
must 
contain 
the 
itemized 
expenditures made or authorized during the report filing period, 
the date and purpose of each expenditure and the name of each 
payee 
and creditor. 
If expenditures were 
made 
to 
a 
person 
described 
in 
section 
1012, 
subsection 
3, 
paragraph 
A, 
subparagraph (4), the report must contain the name of the person, 
the amount spent by that person on behalf of the candidate, the 
reason for the expenditure and the date of the expenditure. 
Total contributions with respect to an election of less than $500 
and total expenditures of less than $500 need not be itemized. 
The report must contain a statement of any loan to a candidate by 
a 
financial 
institution in connection with 
that candidate's 
candidacy that is made during the period covered by the report, 
whether or not the loan is defined as 
a 
contribution under 
section 1012, 
subsection 2, 
paragraph A. 
Until December 
31, 
1992, the candidate is responsible for the timely and accurate 
filing of each required report. 
Beginning January 1, 1993, the 
candidate 
and the treasurer are 
jointly responsible 
for 
the 
timely and accurate filing of each required report. 
Sec. 8. 21-A MRSA §1019, sub-§2, as amended by PL 2001, c. 
465, §1, is further amended to read: 
2. 
Content. 
This report must contain an itemized account 
of each contribution or expenditure aggregating in excess of $50 
in any election, the date and purpose of each and the name L 
occupation, place of business and mailing address of each payee 
or creditor. 
Total contributions or expenditures of less than 
$500 in any election need not be itemized. 
The report must state 
whether the contribution or expenditure is in support of or in 
opposition to the candidate and must include, under penalty of 
perjury, 
as provided in Title l7-A, 
section 451, 
a 
statement 
under oath or affirmation whether the expenditure is made in 
cooperation, consultation or concert with, or at the request or 
suggestion of, any candidate or any authorized committee or agent 
of a candidate. 
Sec. 9. 21-A MRSA §1053, sub-§I, as amended by PL 1995, c. 
167, §l, is further amended to read: 
1. 
Identification of committee. 
The 
names 
and mailing 
addresses 
of 
the 
committee, 
its 
chief 
decision 
maker, 
its 
treasurer, 
its principal 
officers 
and 
the 
identity 
of 
any 
candidate who 
is registered under section 1013-A and who 
is 
involved in decision making for 
a political action committee 
organized to advance the election of that candidate; 
Sec. 10. 21-A MRSA §1055, as amended by PL 2001, c. 430, §9, 
is further amended to read: 
SlOSS. 
Publication or distribution of statements 
When a political action committee makes an expenditure to 
finance 
a 
communication expressly advocating the election or 
defeat of a candidate through broadcasting stations, newspapers, 
magazines, outdoor advertising facilities, direct mails and other 
similar types of general public political advertising and through 
flyers, 
handbills, 
bumper 
stickers 
-and 
other 
nonperiodical 
publications, the communication must clearly and conspicuously 
state the name and address of the political action committee that 
authorized, 
made 
or 
financed 
the 
expenditure 
for 
the 
communication and that the communication has been authorized by 
the political action committee. 
If 
the 
communication 
described 
in 
this 
section 
is 
a 
television advertisement, 
an 
unobscured, 
full-screen picture, 
either still or moving, of the chief decision maker or treasurer 
of 
the 
political 
action 
committee 
that 
sponsored 
the 
communication 
must 
appear 
at 
the 
end 
of 
the 
communication 
accompanied 
by 
the 
following 
words, 
or 
words 
substantially 
similar, 
spoken by the chief decision maker or treasurer of the 
political 
action 
committee: 
"The 
(name 
of 
political 
action 
committee) sponsored this ad (supporting or opposing) 
(name of 
candidate) for 
(name of office)." 
If the communication is a 
radio broadcast, 
the communication must contain the following 
statement, or words substantially similar, spoken by the chief 
decision maker or treasurer of the political action committee 
that sponsored the communication: 
"I am (name of person) (chief 
decision 
maker 
or 
treasurer) 
of 
(name 
of 
political 
action 
committee) 
and 
this 
ad 
(opposing 
or 
supporting) 
(name 
of 
candidate) 
for 
(name 
of office) 
was 
paid 
for 
by 
(name 
of 
political action committee), a political action committee." 
A person operating a broadcasting station within this State 
may not broadcast any such communication without aa the oral or 
visual announcement 
e~--~-~-aRa--aGGFe&&-~-~£€--Fa±i~iea± 
ae~iea-~~~~-~aa~-~~F-~~~a~€ea-~~-eKFeRa4~~£e-~~--~Re 
eeffiffi~aieaEieR reguired by this section and 
a 
statement that 
reads: 
"A copy of our report is available from the Commission on 
Governmental Ethics and Election Practices." 
An expenditure, communication or broadcast that results in a 
violation of this section may result in a civil penalty of no 
more than $200. 
Enforcement and collection procedures must be in 
accordance with section 1062-A. 
Sec. 11. 21-A MRSA §1060, sub-§4, as enacted by PL 1985, c. 
161, §6, is amended to read: 
4. 
Itemized expenditures. 
An itemization of expenditures 
and the date of each expenditure made to support or oppose any 
candidate, 
campaign, 
political 
committee, 
political 
action 
committee, political party, referendum or initiated petition. 
IX 
expenditures were made to a person described in section 1012, 
subsection 3, 
paragraph A, 
subparagraph (4), 
the report must 
contain the name of the person, the amount spent by that person 
on 
behalf 
of 
the 
candidate, 
campaign, 
political 
committee, 
political 
action 
committee, 
political 
party, 
referendum 
or 
initiated petition, the reason for the expenditure and the date 
of the expenditure. The commission may specify the categories of 
expenditures 
wRieR 
that 
are 
to 
be 
reported 
to 
enable 
the 
commission to closely monitor the activities of political action 
committees; 
Sec. 12. 21-A MRS A §1060, sub-§6, as amended by PL 1991, c. 
839, §30, is further amended to read: 
6. 
Identification of contributions. 
Names, 
occupations, 
places of business and mailing addresses of contributors who have 
given 
more 
than 
$50 
to 
the 
political 
committee 
after 
the 
commi ttee 
has 
registered 
under 
section 
1053, 
the 
amount 
contributed by each donor and the date of the contribution. 
The 
information 
already 
reported 
as 
required 
by 
section 
1053, 
subsection 7 should not be duplicated; and 
SUMMARY 
This bill amends the campaign finance laws by: 
1. 
Requiring 
a 
political 
advertisement 
broadcast 
on 
television or radio to contain an image, if on television, and 
statement regarding the sponsorship of the ad spoken by the 
candidate, 
treasurer 
of 
the 
candidate's 
authorized political 
commi ttee, candidate's party committee or their agents or, if 
sponsored by a political action committee, 
the chief decision 
maker or treasurer of that political action committee or, if 
sponsored 
by 
an 
individual 
without 
any 
connection 
to 
the 
candidate or political action committee, that individual; 
2. 
Defining a payment made to a 3rd party, not an employee 
of 
the 
candidate, 
candidate's 
political 
committee 
or 
party 
committee or political action committee, as an expenditure for 
the purposes of reporting and requiring expenditures made to that 
person to be itemized by the amount, 
reason and date of the 
expenditure; and 
3. 
Requiring reports made by candidates, political action 
committees and independent expenditures regarding contributions 
to contain, 
in addition to the name of the contributor, 
the 
occupation 
and 
place 
of 
business 
of 
the 
contributor. 
This 
requirement already exists for party committees.