An Act To Promote Candidate Accountability in Elections
Maine Legislature, Session 121, LD 0910
Committee: Legal and Veterans Affairs
Sponsors: DAMON
Amends: 1 MRSA §1002, 1 MRSA §1008, 21-A MRSA §1013-A, 21-A MRSA §1015, 21-A MRSA §1017, 21-A MRSA §1019, 21-A MRSA §1020-A, 21-A MRSA §1055, 21-A MRSA §1056

12lst MAINE LEGISLATURE 
Legislative Document 
No. 910 
S.P.306 
In Senate, February 20, 2003 
An Act To Promote Candidate Accountability in Elections 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §1002, sub-§5, as amended by PL 200L c. 470, 
§3, is further amended to read: 
5. 
Employees. The commission shall employ an administrative 
director and such other assistance as may be necessary to carry 
out its duties. 
The 
commission also shall retain a 
general 
counsel as an employee of the commission. 
The general counsel 
may not hold any other state office or otherwise be employed by 
the State. 
bempeBsatieB-paie-~~~~~~~4r~~Fa~-eeaBse1 
mast-~-~~-asiB~--~~aG&-~~~-~Re--MaiBe-~~-~€£~~~--~aRa 
est:aa1isbea--by--'I-i-1:-1e-- -2-l-,A7---se-G-t-~ -1164... 
The commis s ion shall 
select the administrative director and general counsel by an 
affirmative vote of at least 4 commission members. 
Sec. 2. 1 MRSA §1008, sub-§2, as amended by PL 200L c. 430, 
§4, is further amended to read: 
2. 
Election practices. 
To administer and investigate any 
violations of the requirements for campaign reports and campaign 
financingT-~~~~~-1:-h&-p~e¥i6ieH6-~-t:be-Ma~£B-~~-gleetieR 
Aet:-aBa-t:ae-MaiBe-b1eaB-g1eet:ieB-~aBa; 
Sec. 3. 1 MRSA §1008, sub-§5, as enacted by IB 1995, c. L 
§6, 
is repealed. 
Sec. 4. 21-A MRSA §1013-A, sub-§l, ~C, as amended by PL 1999, 
c. 729, §l, is repealed. 
Sec. s. 21-A MRS A §1014, as amended by PL 1995, c. 483, §6, 
is further amended to read: 
§l014. 
Publication or distribution of political statements 
1. 
Authorized by candidate. 
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 
poli tical 
advertising 
or 
through 
flyers, 
handbills, 
bumper 
stickers and other nonperiodical publications, t:ae-€emmaBieatieR r 
i E - a-a~h~-i'~-E-e.a- ~ 
-a--eaBaiaate T - a- -Gandi~-e-'-S- -a-,*1:-a<H' .. i-~ -pe 1 i t ie a1 
eemmit~ee-~-~~i-~-a~eBt:sT the expenditure must be authorized by 
a 
candidate 
pursuant 
to 
section 
1015, 
subsection 
10. 
The 
communication 
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 
poli tical communication do not require the name and address of 
Page l-LR013l(l) 
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: 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, 
12-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. 
2. 
Not 
authorized by candidate. 
If 
the 
communication 
described in subsection 1 is not authorized by a candidate, 
a 
eaaaiaa6e~s-~~~~-pG~i~iea~-£~~~~~~-~ae4£-~~r-6ae 
eeffiffiHaiea6iea--ffiHs6--elea~ly--aaa--eeas~ieHeHsly--s6a6e--6sa6--6se 
eeffiffiHaiea6iea-~~-a&~-~~~~~-&~-a~y-~idat~-aBa-~~~-6se 
aaffie--aBa--aQQ£e~~--~--~~-~~-~-~-~~--~iaaaeea--6se 
eH~eaai~HFe--~e~--6Se--€effiffi~Biea6iea the 
person, 
committee 
or 
organization responsible for the communication is subject to the 
provisions of section 1015, subsection 12. 
3. 
Broadcasting prohibited without disclosure. 
Ne A person 
operating 
a 
broadcasting station within this 
State 
may 
not 
broadcast any communication, as described in sUbsections 1 and 2, 
without an oral or written visual announcement of the name of the 
person who made or financed the expenditure for the communication. 
3-A. 
In-kind 
contributions 
of 
printed 
materials. 
A 
candidate, 
political 
committee 
or political 
action 
committee 
shall report on the campaign finance report as a contribution to 
the candidate, political committee or political action committee 
any contributions of in-kind printed materials to be used in the 
support of a candidate or in the support or defeat of a cause to 
be 
voted 
upon 
at 
referendum. 
Any 
in-kind 
contributions 
of 
printed materials used or distributed by a candidate, political 
committee or political action committee must include the name or 
title of that candidate, political committee or political action 
committee 
as 
the 
authorizing 
agent 
for 
the 
printing 
and 
distribution of the in-kind contribution. 
The use or distribution of in-kind printed materials contributed 
to a candidate, political committee or political action committee 
must be reported as an expenditure on the campaign finance report 
of 
that 
candidate, 
political 
committee 
or 
political 
action 
committee. 
4. 
Enforcement. 
Aa 
Except for subsections 
and 2, 
an 
expenditure, 
communication 
or 
broadcast 
made 
within 
days 
before 
the election to 
which it relates that results 
in 
a 
violation of this section may result in a civil forfeiture of no 
more than $200. 
An expenditure, communication or broadcast made 
more than 10 days before the election that results in a violation 
of this section may result in a civil forfeiture of no more than 
$100 if the violation is not corrected within 10 days after the 
candidate or other person who committed the violation receives 
notification of the violation from the commission. 
Enforcement 
and collection procedures must 
be in accordance with section 
1020-A. 
An expenditure, communication or broadcast that results 
in a violation of subsection 1 or 2 is subject to the provisions 
of section 1015, subsection 12. 
Sec. 6. 21-A MRSA §1015. as amended by PL 1999, c. 729, §§2 
and 3, is further amended to read: 
§l015. 
Limitations on contributions and expenditures 
1. 
Individuals. 
An individual may not make contributions 
to 
a 
candidate 
in 
support 
of 
the 
candidacy 
of 
one 
person 
aggregating more than $ §G G - -i-n- -aB}'- -e-l-e-<!-t.-Wn-- Ee 1'- -a- -~BobeFBat:;el'ia1 
eaBaiaate--el'--mel'e--t=HaB 
$250 
in 
any election 
Eel'--aB},--et=Hel' 
eaBaiaate. 
This limitation does not apply to contr ibutions in 
support of a 
candidate by that candidate or that candidate's 
spouse. 
2. 
Committees; 
corporations; 
associations. 
A political 
commi ttee, other committee, corporation or association may not 
make contributions to a candidate in support of the candidacy of 
one person aggregating more 
than 
$§GG--1B-~-~~~~~-~e~--a 
~BoberBat:;eFiab-eaBeieat:;e-eF-mel'e-t:;HaB $250 in any election EeF-as}' 
etHel'-eaBaiaat=e. 
3. 
Aggregate contributions. 
We An individual may not make 
contributions to candidates aggregating more than $25,000 in any 
calendar year. This limitation does not apply to contributions in 
support of a candidate by that candidate or His that candidate's 
spouse. 
4. 
Political committees; intermediaries. For the purpose of 
the limitations imposed by this section, contributions made to 
any political 
committee 
authorized by 
a 
candidate 
to accept 
contributions on the candidate's behalf are considered to be 
contributions made to that candidate. 
For the purposes of the limitations imposed by this section, all 
contributions made by a person, either directly or indirectly, on 
behalf of a particular candidate, including contributions wHieH 
that are in any way earmarked or otherwise directed through an 
intermediary or conduit to the candidate, are considered to be 
contributions from that person to the candidate. The intermediary 
or conduit shall report the original source and the intended 
recipient of 
the contribution to the 
commission 
and to the 
intended recipient. 
5. 
Other contributions and expenditures. 
Any expenditure 
made by any person ia-£eepe~a~JeB7-~~~~~~-~&e&r&-wiEaT 
e~-~-&h&-~e~~e£~-~-6~~~e6Eiea-~~--a-£aBQJQa~e7-~-eaaaiaaEe~6 
pe~iEiea~-£emmJ~~ee-~--~~r-a~eaE6 on behalf of a candidate is 
considered to be a contribution to that candidate. 
The financing by any person of the dissemination, distribution or 
republication, in whole or in part, of any broadcast or any 
written or other campaign materials 
p~epaEea-~-~!l~-eaaEliaaEeT 
Eae--£aBQJQa~e~£--~~~~£~--~~~~-~-~~&&e&~--eF--Eaei~ 
a~Eae~i&ea-a~eaE6 on behalf of a candidate is considered to be a 
contribution to that candidate. 
6. 
Prohibited expenditures. 
A candidate, 
a treasurer, 
a 
political 
committee, 
a 
party 
or 
party 
committee, 
a 
person 
required 
to 
file 
a 
report 
under 
this 
subchapter 
or 
their 
authorized agents may not make any expenditures for liquor to be 
distributed to or consumed by voters while the polls are open on 
election day. 
1Y---VelYB~a~y--li.i~a~ieB6--eB--peli~ieal--e.peBdi~Q~e6y---A 
eaaaiaaEe-~--~~~~&ar~~~-a~Eee-~~-±imi~-~!le-~~~~-eHpeaaiE~~e6 
maae-~~-~~-~--~Ra~--eaaeiea~e~&-~~-~-£pe£~~~eB--ia 
6eeEiea-~G~~-AT-6~BseeEiea-~T-pa~a~~apa-G-aaa-6~B6eeEieas-8-aaa-9T 
8. 
Political 
expenditure 
limitation 
amounts. 
Total 
expenditures 
from 
any source in any election for legislative 
office by a candidate 
wae-~-un-t-<H'-i-l-Y--a.<JFee-~-~e--~1ffi-i-t:--eampai~l'l. 
eHpeaaiE~~e6--a&-~~~--i~-£~B£e€~JeB--+ or on behalf of 
a 
candidate are as follows: 
A. 
For State Senator, $69TGGG $50,000; and 
B. 
For State Representative, $9TGGG 
$15,000f-aaa~ 
bT--Fe£-~~a~e-Se£~~~-~-~~~~r~~~-a~-a-eaaaiaate 
ee~tiEiea-~£Be~-~~~~-G±eaa-E~e€~Jea-~~~-~~-~h&-eHtel'l.t 
a~tae~iBea-By-tRat-AetT 
Expenditure 
limits 
forward 
from 
one 
reporting purposes, 
1017 apply. 
are per election and 
may 
not 
be 
carried 
election 
to 
another. 
For 
calculation 
and 
the reporting periods established in section 
For the purposes of this subsection, "total expenditures" means 
the sum of all expenditures made to influence a single election 
that are made by a candidate or made on the candidate's behalf by 
any person, committee or organization. 
9Y--~k~~B-~--lis~y---~-£emma££~e~--&ha~~-~~~-a 
list-ef-~£e-£~~€£-~~-~~~~~~~-aad-State-SeRateF 
whe - aave- -a~-£ee.Q- -t-&- ~l-unt-a.r--i-l-y- -1-im-~ -t=G-1:-a-1- --e-li-p-e-adi-1:-1*Fe-& -~eF - the i F 
eam~ai~Rs--a£-~~~-i-~-seetieR-~~~~-A?-~--i~-kr-~aFa~Fa~R 
b ... 
¥eF-~~-~-£~£e£-~~-~--i~-1-~-~--aad--t~~-sHaseetieRT 
~tetal-~~-t~~~-mea&&--t~-&~-e~-~1-1--eH~eRa4tH~es-~-te 
iRElHeRee-a-~~~~~~-~ha~-aFe-maae-~-~~~~-eF-maae 
e R - ~he- -o-and-ida-t-e-'-s--:Ge-ha k ~ - a y - -the--oand-i-da-t-e-' -s- -FG-~ i-1:-.i-Ga-l- - e emm itt e e 
eF-€emmittee57-~he-~~~~~~~-y-~~-~-ea&ei-eate~&-immea4ate 
;Eamily ... 
10. 
Authorization by candidate. 
An 
expendi t ure made 
on 
behalf of a candidate by a person other than the candidate or the 
candidate's authorized representative first must be authorized by 
the 
candidate 
in an affidavit signed by the 
candidate 
that 
acknowledges the purpose 
and 
amount of the expenditure. 
The 
affidavit must be filed with the commission within 24 hours of 
the affidavit's execution. 
11. 
Definition. 
For purposes of this section, "on behalf 
of 
a 
candidate" 
means 
any 
expenditure, 
communication 
or 
publication that involves the candidate's name or district or 
office sought or the candidate's opponent's name or district or 
office sought. 
12. 
Violations. 
A person who violates subsection 8 
or 
section 1014, subsection 2 is subject to a fine of $50 for every 
dollar spent in excess of the maximum expenditure allowed and a 
person who fails to seek a candidate's affidavit under subsection 
is subject to a 
fine of $5,000 for the first offense and 
$15,000 for the 2nd offense and subsequent offenses. 
If a person 
violates the provisions of subsection 10 for a 2nd time and is a 
political action committee as defined in section 1052, subsection 
5, the right of the political action committee to operate in the 
State is subject to revocation. 
Sec. 7. 21-A MRSA §1017, sub-§3-B, as amended by PL 2001, c. 
589, §§1 and 2, is repealed. 
Sec. 8. 21-A MRSA §1019, sub-§l, as repealed and replaced by 
IB 1995, c. 1, §14, is amended to read: 
1. 
must 
be 
schedule 
Filing requirements. 
Reports required 
filed with the 
commission according 
that the commission shall establish by 
by this section 
to 
a 
reporting 
rule that-takes 
ia~e---~~~~~--~£i&~i~---€~mp~J~R---~~---~epe~~ia~ 
~e~Qi~effiea~6-aaa-ffia~eRia~-£Qaa-p~eyi6iea6-Qaae~-eRap~e~-14. 
Sec. 9. 21-A MRSA §1020-A, sub-§4-A, as enacted by PL 2001, c. 
714, Pt. PP, §l and affected by §2, is amended to read: 
4-A. 
Basis for penalties. 
The penalty for late filing of a 
report required under this 
subchapterT-~~-~~--aeeele~a~ea 
eaffipai~a--£iaaaee--~epe~~s--~e~Qi~ea--PQ~sQaa~--~e--see~iea--lg11T 
sQ:e6e€t.J~-3--gT is a percentage of the total contributions or 
expenditures 
for 
the 
filing 
period, 
whichever 
is 
greater, 
multiplied by the number of calendar days late, as follows: 
A. 
For the first violation, 
l~; 
B. 
For the 2nd violation, 
3~; and 
C. 
For the 3rd and subsequent violations, 
5~. 
Any penalty of less than $5 is waived. 
Violations 
accumulate 
on 
reports with filing deadlines 
in 
a 
2-year period that begins on January 1st of each even-numbered 
year. 
Waiver of a penalty does not nullify the finding of a 
violation. 
A report required to be filed under this subchapter that is sent 
by certified or registered United States mail and postmarked at 
least 2 days before the deadline is not subject to penalty. 
A 
registration 
or 
report 
may 
be 
provisionally 
filed 
by 
transmission of a facsimile copy of the duly executed report to 
the commission, 
as long as an original of the same report is 
received by the commission within 5 calendar days thereafter. 
±Re-~~~-feF-~~~-fi~i~-B~-~-~€€ele~at.ea-~~-£iaaaee 
~epe~~-~~-~~~~-ia-6e€t.iea-~~~7-~~-3--g-ffiay-~~-t.e 
aQ~-~~~-t.Raa--~-~iffie&-~£e-~-ay-~€£-~~-eeat.~iaQ~ieas 
~eeeiyea--eF-~£¥&aGi~~~&-~~~~-~--~-By--t.Re--eaaaiaa~e 
eHeeea--~ae-~pp~iea&~-~~-~~~-E1€€~~~-F~Ra--ais:eQ~semeaE 
ameQa~T--peF-~y-~~-~~l~~~---~~-€~~~~~-~hall--make--a 
£iaaia~-~--£aeE-~~l~~i~-wRea-~~-~epe~~-~-aQe-~~~--Ee 
impesia~-~-~~~~~-~ai&-6Q:e6e€EieaT--~~~~-~F-£ailQ~e 
Ee--fi~-~-~~~~~~-€ampai~R--fiaaaee--~~~-~-Be--maae 
payaale-t.e-~he-~~~~~~l~~~~~--~-a&&e&&i~-a-peaa±Ey 
£e~-~-a-i~-u-r~~~-£ile--an---aG<3-e-1-e-r-a-Wd--eaffipai~a-~~-nan€~-~Ft:-r-ERe 
eemffiissieR---6Ral1---€~~~---~~--~~i&t~--~f---mi~i~a~ia~ 
ei~eQmSEaaeesT--~~-~~-PQFpeSes-ef-~~~-~&&&~~&r-~miEi~aEia~ 
ei~eQffiS~aaee6~-Ras-ERe-Saffie-meaaia~-as-ia-sQ:eseeEiea-6T 
Sec. 10. 21-A MRSA §1020-A, sub-§5-A, "C and D, as enacted by 
PL 2001, c. 714, Pt. PP, §1 and affected by §2, are amended to 
read: 
C. 
One thousand dollars for reports required under section 
1017, 
subsection 
2, 
paragraphs 
A 
and 
F; 
section 
1017, 
subsection 
3-A, 
paragraphs 
A 
and 
E; 
and 
state 
party 
committee reports required to be filed under section 1017-A, 
subsection 4, paragraph B; or 
D. 
Five hundred dollars for municipal, district and county 
committees 
for 
reports 
required 
under 
section 
1017-A, 
subsection 4, 
paragraphs 
A, 
Band C and section 1018, 
subsection 2f-eF~ 
Sec. 11. 21-A MRS A §1020-A, sub-§5-A, ,E, as enacted by PL 
2001, c. 714, Pt. PP, §1 and affected by §2, is repealed. 
Sec. 12. 21-A MRSA §1055, as amended by PL 2001, c. 430, §9, 
is repealed and the following enacted in its place: 
SlOSS. 
Publication or distribution of statements 
1. 
Approval 
of 
candidate. 
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 political action committee must first seek approval of the 
expenditure 
from 
the 
candidate 
pursuant 
to 
section 
1015, 
subsection 10. 
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 candidate. 
2. 
Broadcasts. 
A person operating a broadcasting station 
within this State may not broadcast any communication pursuant to 
subsection 1 without an oral or visual announcement of the name 
and address 
of 
the political action committee that 
made 
or 
financed the expenditure for the communication and a statement 
that 
reads: 
"A 
copy 
of 
our 
report 
is 
available 
from 
the 
Commission on Governmental Ethics and Election Practices." 
3. 
Violations. 
An expenditure, communication or broadcast 
that results in a violation of subsection 1 is subject to the 
provisions 
of 
section 
1015, 
subsection 
12. 
An 
expenditure, 
communication 
or 
broadcast 
that 
results 
in 
a 
violation 
of 
.. 
subsection 2 may result in a civil penalty of no more than $200. 
Enforcement and collection procedures must be in accordance with 
section 1062-A. 
Sec. 13. 21-A MRSA §1056, sub-§I, as amended by PL 2001, c. 
430, §10, is further amended to read: 
1. 
Aggregate 
expenditures. 
A 
committee 
may 
not 
make 
contributions 
in 
support 
of 
the 
candidacy 
of 
one 
person 
aggregating mo re than $ 9g 9 - -i-n- -aay-~l-e<J-t.-i<l-n-- f9 1:'- -a- -~,*:eel:'aat9I:'ial 
eaaaiaateT-91:' $250 in any election f91:'-aaY-9tsel:'-eaaaiaate . 
Sec. 14. 21-A MRS A c. 14, as amended, is repealed. 
Sec. 15. 36 MRS A §5286, as enacted by IB 1995, c. 1, §18, is 
repealed. 
SUMMARY 
This bill repe-als the Maine Clean Election Act. 
This bill 
limits the expenditures a candidate may make in an election and 
includes all expenditures made on behalf of the candidate as well 
as 
by 
the 
candidate. 
This bill 
requires 
the 
candidate 
to 
personally authorize all expenditures made 
on _the candidate's 
behalf 
by 
any 
person, 
organization or 
committee. 
Fines 
for 
violations of the provisions of this bill include a $50 fine for 
every dollar over the limit a candidate may spend and a fine of 
$5,000 
for 
a 
person, 
organization 
or 
committee 
making 
an 
expenditure without the candidate's consent, with a 
2nd offense 
and subsequent offenses resulting in a $15,000 fine and, if the 
offender is a political action committee, revocation of the right 
to operate in the State.