An Act To Clarify the Definition of Independent Expenditures Under the Election Laws
Maine Legislature, Session 121, LD 1196
Committee: Legal and Veterans Affairs
Sponsors: EDMONDS, GAGNON, MAYO, ROTUNDO, TREAT, CANAVAN, KOFFMAN, PATRICK, RICHARDSON

Legislative Document 
No. 1196 
S.P.402 
In Senate, March 6, 2003 
An Act To Clarify the Definition of Independent Expenditures 
Under the Election Laws 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representati ve CLARK of Millinocket and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: GAGNON of Kennebec, MAYO of Sagadahoc, ROTUNDO of Androscoggin, 
TREAT of Kennebec, Representatives: CANAVAN of Waterville, KOFFMAN of Bar Harbor, 
PATRICK of Rumford, RICHARDSON of Brunswick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21·A MRSA §1013.A. sub·§1. 1fC, as amended by PL 1999, 
c. 729, §l, is further amended to read: 
C. 
No later than 10 days after becoming a candidate, as 
defined in section 1, 
subsection 5, 
a 
candidate for the 
office of State House of Representatives or Senate shall 
file in writing a 
statement declaring that the candidate 
agrees to accept voluntary limits on political expenditures 
or that the candidate does not agree to accept vOluntary 
limits on political expenditures, 
as specified in section 
1015, subsections 7 to 9, or that the candidate has filed a 
declaration of intent to become certified as 
a 
candidate 
under the Maine Clean Election Act. 
The statement filed by a candidate who voluntarily agrees to 
limit spending must 
state that the 
candidate 
knows 
the 
voluntary expenditure 
limitations 
as set out 
in section 
1015, 
subsection 8 
and that the candidate is vOluntarily 
agreeing to limit the candidate's political expenditures and 
those made on behalf of the candidate by the candidate's 
political committee or committees, the candidate's party and 
the candidate's immediate family to the amount set by law. 
The statement must further state that the candidate does not 
condone and will not solicit any independent 
expenditures, as defined in section 1019 B, 
made on behalf of the candidate. 
electioneering 
subsection 1 , 
The statement filed by a candidate who does not agree to 
voluntarily limit political expenditures must state that the 
candidate does not accept the voluntary expenditure limi ts 
as set out in section 1015, subsection 8. 
The 
statement 
filed 
by 
a 
candidate 
who 
has 
filed 
a 
declaration of intent under the Maine Clean Election Act 
must 
state 
that 
the 
candidate 
will 
be 
bound 
by 
the 
expenditure limitations imposed by that Act. 
Sec. 2. 21·A MRSA §1014·B, sub·§2, 1fD, as enacted by PL 2001, 
c. 416, §l, is amended to read: 
D. 
If 
the 
expenditure, 
candidate has 
each call. 
call 
is 
an 
independent 
as 
defined in section lQl9 
not approved the call must be 
electioneering 
1019 B, 
that 
a 
disclosed during 
Sec. 3. 21·A MRSA §1019, as amended by PL 2001, c. 465, §l, 
is repealed. 
Page l-LR0972(1) 
Sec. 4. 21-A MRS A §1019-B is enacted to read: 
§l019 B. 
Reports of independent electioneering expenditures 
1. 
Independent 
electioneering 
expenditures; 
definition. 
I) 
For the purposes of this section, 
"independent electioneering 
expenditure" 
means 
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, 
aggregating in excess of $100 
during anyone candidate's election for any communication that: 
L8 
A. 
Expressly advocates the election or defeat of a clearly 
identified candidate; or 
B. 
In races involving a candidate who is certified as a 
Maine 
Clean 
Election 
Act 
candidate 
under 
section 
1125, 
subsection 
5, 
names 
or 
depicts 
a 
clearly 
identified 
candidate during the 
calendar 
days 
before 
a 
primary 
election or the 60 calendar days before a general election 
for the purpose of promoting the election or defeat of that 
candidate. 
2. 
Presumption. 
A communication made under subsection 1, 
paragraph B is presumed to be for the purpose of promoting the 
election or defeat of a candidate if it: 
A. 
Is made by a political party, political committee or 
political 
action 
committee, 
or 
by 
a 
person 
acting 
in 
cooperation, consultation or concert with, or at the request 
or suggestion of, a political party, political committee or 
political action committee; or 
B. 
Makes reference to an upcoming election and is targeted 
to the clearly identified candidate's district. 
3. 
Exceptions. 
A 
communication 
is 
not 
an 
independent 
lH 
electioneering expenditure under subsection 1, paragraph B if all 
references to candidates are limited to: 
A. 
Urging 
contact with 
an 
elected official 
concerning 
pending government business; or 
B. 
Promotion of a business or commercial interest of the 
candidate that is unrelated to the candidacy and in which 
the candidate has held an interest for a minimum of 6 months 
before qualifying as a candidate. 
4. 
Report 
required; 
content; 
rules. 
A 
person, 
party 
committee, political committee or political action committee that 
I~ 
:10 
makes 
an 
independent electioneering expenditure 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 
subsection 
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 
expendi ture 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 
or suggestion of, the candidate or an authorized committee 
or agent of the candidate. 
c. 
A report reguired by this subsection must be on a form 
prescribed and prepared by the commission. 
A person filing 
this report may use additional pages if necessa~ut th~e 
pages must be the same size as the pages of the form. 
Sec. 5. 21·A MRSA §1020.A, sub.§5·A, ~A, as enacted by 
PL 
ZOOl, c. 714, Pt. PP, §1 and affected by §z, is amended to read: 
A. 
Five thousand dollars for reports required under section 
1017, subsection 2, 
paFaEfFaps6 paragraph B, 
C, 
D, 
E or H; 
section 1017, subsection 3 -A, 
paFaEfFaps6 paragraph B, 
C, 
D 
or F; section 1017, subsection 4; and section lQl9 1019-B, 
subsection 4; 
Sec. 6. 21·A MRSA §1125, sub·§9, as enacted by IB 1995, c. 1, 
§17, is amended to read: 
9. 
Matching 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 
electioneering 
SO 
expenditures 
reported under 
section 
lQl9 
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 
In 
This bill expands the scope of reporting for independent 
electioneering expenditures 
in races 
involving 
a 
Maine 
Clean 
Election Act candidate and clarifies which expenditures trigger 
l4 
matching funds under the Maine Clean Election Act.