An Act To Relocate the Prohibition of Use of State Government Computer Systems for Political Purposes to the Election Laws
Maine Legislature, Session 121, LD 1466
Committee: State and Local Government
Sponsors: McLAUGHLIN, PEAVEY-HASKELL
Amends: 5 MRSA §1972, 21-A MRSA §32

Legislative Document 
No. 1466 
H.P.1071 
House of Representatives, March 27, 2003 
An Act To Relocate the Prohibition of Use of State Government 
Computer Systems for Political Purposes to the Election Laws 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
11/~ 
/J7.1lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Cosponsored by Representative: PEAVEY-HASKELL of Greenbush. 
Printed on recycled ~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1972, sub-§5, as enac ted by PL 200 l, c. 388, 
§l4, is repealed. 
Sec. 2. 5 MRS A §1976, as enacted by PL 2001, c. 388, §14, is 
amended to read: 
§1976. 
Use of State Government computer system 
1. 
Confidentiality. 
Computer 
programs, 
technical 
data, 
logic diagrams and source code related to data processing or 
telecommunications are confidential and are not public records, 
as defined in Title 1, section 402, subsection 3, to the extent 
of the identified trade secrets. 
To qualify for confidentiality 
under this subsection, computer programs, technical data, logic 
diagrams and source code must: 
A. 
Contain trade secrets, as defined in Title 10, section 
1542, subsection 4, held in private ownership; and 
B. 
Have been provided to a state agency by an authorized 
independent vendor or contractor under an agreement by which: 
(1) 
All 
trade 
secrets 
that 
can 
be 
protected 
are 
identified without disclosing the trade secret; 
(2) 
The vendor or contractor retains all intellectual 
property rights in those trade secrets; and 
(3) 
The state 
agency 
agrees 
to hold 
and 
programs, 
data, 
diagrams 
or 
source 
code 
disclosing any identified trade secrets. 
use 
the 
without 
2. 
Public records. 
Except as provided in subsection 1, any 
document created or stored on a State Government computer is a 
public record and must be made available in accordance with Title 
1, chapter 13 unless specifically exempted by that chapter. 
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Sec. 3. 21-A MRSA §32, sub-§3 is enacted to read: 
3. 
Class C crime. 
A person commits a Class C crime if that 
person misuses a state government computer system. 
For purposes 
of this subsection, 
a person is guilty of misuse of a state 
government 
computer 
system if that person 
knowingly 
uses 
a 
computer system operated by a state department or agency, the 
Judicial Department or the Legislature: 
A. 
To 
prepare materials 
with 
the 
intent to 
expressly 
advocate, to those eligible to vote, for the election or 
defeat 
of 
any 
candidate 
for 
a 
federal 
office, 
a 
constitutional office or elective municipal, county or state 
office, including leadership positions in the State Senate 
and the State House of Representatives; or 
B. 
With 
the intent to solicit contributions 
reportable 
under chapter 13. 
For purposes of this subsection, "computer system" has the same 
meaning as in Title 17-A, section 431 and "leadership positions" 
means the presiding officers of each House of the Legislature, 
party leaders, the Clerk of the House, the Assistant Clerk of the 
House, the Secretary of the Senate and the Assistant Secretary of 
the Senate. 
SUMMARY 
The purpose of this bill is to change the statutory location 
of the prohibition on use of state government computer systems 
for political purposes from the Maine Revised Statutes, Title 5, 
chapter 163, which involves the Office of the Chief Information 
Officer within the Department of Administrative and Financial 
Services, to Title 2l-A, which involves election law.