An Act To Clarify the Dermition of Independent Expenditures Under the Election Laws LR0972(02)
Maine Legislature, Session 121, LD 1196
Committee Amendment CA_A_S205 (Senate)
Amends: 21-A MRSA §1019, 21-A MRSA §1020-A, 21-A MRSA §1125

COMMITTEE AMENDMENT" A" to S.P. 402, L.D. 1196, Bill, "An 
Act To Clarify the Definition of Independent Expenditures Under 
the Election Laws" 
Amend the bill by striking out everything after the enacting 
clause and before the swnmary and inserting in its place the 
following: 
'Sec. 1. 21-A MRS A §1014-B, sub-§2,~, as enacted by PL 2001, 
c. 416, §l, is amended to read: 
D. 
If the call is an independent expenditure, as defined in 
section ;l,Q;l,9 1019-B, that a candidate has not approved the 
call must be disclosed during each call. 
Sec. 2. 21-A MRSA §1019, as amended by PL 2001, c. 465, §l, 
is repealed. 
Sec.3. 21-A MRS A §1019-B is enacted to read: 
§1019-B. 
Reports of independent expenditures 
1. 
Independent expenditures; definition. 
For the purposes 
of this section, an "independent expenditure": 
A. 
Is any expenditure made by a person, party committee, 
political committee or political action committee, 
other 
than 
by 
contribution 
to 
a 
candidate 
or 
a 
candidate's 
authorized political committee, for any communication that 
expressly advocates the election or defeat of a 
clearly 
identified candidate; and 
Page l-LR0972(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 402, L.D. 1196 
B. 
Is presumed in races 
involving a 
candidate who 
is 
certified as a 
Maine Clean Election Act candidate under 
section 1125, sUbsection 5 to be any expenditure made to 
design. produce or disseminate a communication that names or 
depicts a clearly identified candidate and is disseminated 
during the 21 days. including election day, before a primary 
election; the 21 days, 
including election day. 
before a 
general election; or during a special election until and on 
election day. 
2. 
Rebutting presumption. 
A person presumed under this 
section to have made an independent expenditure may rebut the 
presumption 
by 
filing 
a 
signed written 
statement 
with 
the 
commission within 48 hours of making the expenditure stating that 
the cost was not incurred with the intent to influence the 
nomination, election or defeat of a candidate, supported by any 
additional evidence the person chooses to submit. 
The commission 
may gather any additional evidence it deems relevant and material 
and must determine by a preponderance of the evidence whether the 
cost was 
incurred with intent to 
influence the 
nomination. 
election or defeat of a candidate. 
3. 
Report 
regpired; 
content; 
rules. 
A person. 
party 
COmmittee, political committee or political action committee that 
makes 
independent expenditures aggregating in excess of 
$100 
during anyone candidate's election shall file a report with the 
commission. 
In the case of a municipal election, a copy of the 
same information must be filed with the municipal clerk. 
A. 
A report reguired by this subsection must be filed with 
the commission according to a reporting schedule that the 
commission 
shall 
establish 
by 
rule 
that 
takes 
into 
consideration 
existing 
campaign 
finance 
reporting 
reguirements and matching fund provisions under chapter 14. 
Rules 
adopted 
pursuant 
to 
this 
paragraph 
are 
routine 
technical 
rules 
as 
defined 
in Title 
5, 
chapter 
375. 
subchapter 2-A. 
B. 
A report reguired by this subsection must contain an 
itemized 
account 
of 
each 
contribution 
or 
expenditure 
aggregating 
in 
excess 
of 
$100 
in anyone candidate's 
election. 
the date and purpose of each contribution or 
expenditure and the name of each payee or creditor. 
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 
-A, section 451. 
a statement under oath or affirmation 
whether 
the 
contribution 
or 
expenditure 
is 
made 
in 
cooperation. consultation or concert with. or at the reguest 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 402, L.D. 1196 
or suggestion of. the candidate or an authorized committee 
Qr agent of the candidate. 
C. 
A report required by this subsection must be on a form 
prescribed and prepared by the commission. 
A person filing 
this report may use additional pages if necessary, but the 
pages must be the Same size as the pages of the form. 
Sec. 4. 21-A MRSA §1020-A, sub-§5-A, ,A, as enacted by PL 
2001, c. 714, Pt. PP, §1 and affected by §2, is amended to read: 
A. 
Five thousand dollars for reports required under section 
1017, subsection 2, para'jraphs paragraph B, C, D, 
E or H; 
section 1017, subsection 3-A, para'jraphs paragraph B, C, D 
or F; section 1017, subsection 4; and section ;bQ;b9 1019-B, 
subsection 3; 
Sec. 5. 21-A MRSA §1125, sub-§9, as enacted by IB 1995, c. 1, 
§17, is amended to read: 
9. 
MatchiDq funds. 
When any campaign, finance or election 
report 
shows 
that the 
sum 
of 
a 
candidate's expenditures 
or 
obligations, or funds raised or borrowed, whichever is greater, 
alone or in conjunction with independent expenditures reported 
under section ;bQ;b9 1019-B, exceeds the distribution amount under 
subsection 8, 
the 
commission shall issue immediately to 
any 
opposing Maine Clean Election Act candidate an additional amount 
equivalent to the reported excess. 
Matching funds are limited to 
times the amount originally distributed under subsection 8, 
paragraph A or C, whichever is applicable.' 
SUMMARY 
This amendment is the majority report. 
It replaces the 
bill. 
It 
expands 
the 
scope 
of 
reporting 
for 
independent 
expenditures 
in races 
involving 
a 
Maine 
Clean Election Act 
candidate by stating that an expenditure made for a communication 
that names or 
depicts a clearly identified candidate that is 
made 21 days before a primary or general election is considered 
an 
independent 
expenditure. 
Reporting 
requirements 
for 
this 
provision would be required after $100 is spent on such an 
expenditure. 
It clarifies which expenditures trigger matching 
funds under the Maine Clean Election Act. 
FISCAL ,'OTE REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/15/03 ;J!;vae 
Office of Fiscal and Program Review 
LD 1196 
An Act To Clarify the Dermition of Independent Expenditures Under the 
Election Laws 
LR0972(02) 
Fiscal Note for Bill as Amended by Committee Amendment .,4'6·~05 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Potential current biennium savings - Other Special Revenue Funds 
Increasing the reporting threshold for independent expenditures, which can trigger the release of matching funds to 
candidates that are qualified to receive funds from the Maine Clean Elections Fund, may have the effect of lowering 
the disbursement of matching funds from the fund. The amount will depend on the actual independent expenditures 
of future candidates and can not be determined at this time. 
LR0972(2) - Fiscal Note - Page 1 of 1