Resolve, Regarding Legislative Review of Portions of Chapter 1: Procedures and Portions of Chapter 3: Maine Clean Election Act and Related Provisions, Major SUbstantive Rules of the Commission on Governmental Ethics and Election Practices
Maine Legislature, Session 121, LD 1868
Committee Amendment CA_B_H836 (House)

COMMITTEE AMENDMENT "13" to H.P. 1392, L.D. 1868, "Resolve, 
Regarding 
Legislative 
Review 
of 
Portions 
of 
Chapter 
1: 
Procedures and Portions of Chapter 3: Maine Clean Election Act 
and Related Provisions, Major SUbstantive Rules of the Commission 
on Governmental Ethics and Election Practices" 
Amend the resolve by striking out all of section 1 
and 
inserting in its place the following: 
I Sec. 1. Adoption. Resolved: 
That final adoption of portions 
of Chapter 1: 
Procedures and portions of Chapter 3: Maine Clean 
Ele~~ion Act and Related Provisions, provisionally adopted major 
sub=.::.antive rules of the Commission on Governmental Ethics and 
Election Practices that have been submitted to the Legislature 
for review pursuant to the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A, is authorized only if the following 
changes are made. 
1. 
In Chapter I, section 5, with regard to the advance 
purchases of goods and services, the language must be changed to 
require that consulting services or the design, 
printing or 
distribution of campaign literature or advertising contracted or 
paid for prior to the primary election must be received prior to 
the primary election. 
The provision must also require that if a 
preponderance of the items purchased during the primary election 
cycle are used during the general election cycle, 
then the 
candidate or any other person required to file a report to the 
Commission on Governmental Ethics and Election Practices shall 
n:'port these purchases as expenditures made during the general 
election cycle. 
This reporting requirement would also apply to 
certified Maine Clean Election Act candidates. 
Page l-LR2804(3) 
COMMITTEE AMENDMENT 
.,. 
~. 
COMMITTEE AMENDMENT "b, to H.P. 1392, L.D. 1868 
2. 
In Chapter 3, section 6, subsection 4, with regard to 
distribution of funds 
to certified Maine 
Clean Election Act 
C:i:ndidates, subparagraphs (1) and (2) under paragraph A must be 
changed to state that if the preponderance of consulting services 
or the design, printing or distribution of campaign literature 
and -3.dvertising purchased prior to the primary election by an 
oppcr.ent of a certified Maine Clean Election Act candidate are 
use<". for the general election, then the certified Maine Clean 
EIE. c :ion Act candidate is entitled to a corresponding amount of 
matching 
funds. 
The 
language 
must 
also 
require that if a 
certified Maine Clean Election Act candidate uses a preponderance 
of the goods and services purchased prior to the primary election 
during 
the 
general 
election, 
then 
that 
candidate's 
initial 
General Fund distribution must be reduced by that amount. 
3. 
The 
Commission 
on 
Governmental 
Ethics 
and 
Election 
Practices 
shall 
include 
in 
the 
rules 
that 
when 
reporting 
expenditures for fund-raising activities, a report must indicate 
the net proceeds of those acti vi ties. 
With regard to matching 
funds to a certified Maine Clean Election Act candidate, only the 
net proceeds of fund-raising activities may be used to calculate 
matching funds. 
4. 
The effective date of rules adopted in accordance with 
t~is resolve may not be until after the 2004 general election.' 
SUMMARY 
This amendment is the minority report of the committee and 
aut.c.'Jrizes final adoption of portions of Chapter 1: 
Procedures 
and portions of Chapter 3: Maine Clean Election Act and Related 
Provisions with the following changes: 
1. 
In Chapter 1, section 5, with regard to the advance 
purchases of goods and services, the language must be changed to 
require that consulting services or the design, 
printing or 
distribution of campaign literature or advertising contracted or 
paid for prior to the primary election must be received prior to 
the primary election. 
The provision must also require that if a 
preponderance of the items purchased during the primary election 
cycle are used during the general election cycle, 
then the 
candidate or any other person required to file a report to the 
Commission on Governmental Ethics and Election Practices shall 
report these purchases as expenditures made during the general 
election cycle. 
This reporting requirement would also apply to 
cp.rtified Maine Clean Election Act candidates. 
COMMITTEE AMENDMENT 
. "-.. , . 
COMMITTEE AMENDMENT :6 .. to H.P. 1392, L.D. 1868 
2. 
In Chapter 3, section 6, subsection 4, with regard to 
distribution of 
funds 
to certified Maine 
Clean Election Act 
candidates, subparagraphs (1) and (2) under paragraph A must be 
changed to state that if the preponderance of consulting services 
or the design, printing or distribution of campaign literature 
and advertising purchased prior to the primary election by an 
oppoaent of a certified Maine Clean Election Act candidate are 
used for the general election, then the certified Maine Clean 
Elel:;t.ion Act candidate is entitled to a corresponding amount of 
matc~ing funds. 
The 
language 
must 
also 
require that if 
a 
certified Maine Clean Election Act candidate uses a preponderance 
of the goods and services purchased prior to the primary election 
during 
the 
general 
election, 
then 
that 
candidate's 
initial 
General Fund distribution must be reduced by that amount. 
3. 
The commission shall include in the rules that when 
reporting expenditures for fund-raising activities, a report must 
indicate the net proceeds of those activities. 
with regard to 
matching funds to a certified Maine Clean Election Act candidate, 
only the net proceeds of fund-raising activities may be used to 
calculate matching funds. 
4. 
The effective date of rules adopted in accordance with 
this resolve may not be until after the 2004 general election. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/04 ;l;?ac:.. 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1868 
Resolve, Regarding Legislative Review of Portions of Chapter 1: 
Procedures and Portions of Chapter 3: Maine Clean Election Act and 
Related Provisions, Major Substantive Rules of the Commission on 
Governmental Ethics and Election Practices 
LR2804(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Potential current costs - Maine Clean Election Fund 
Allowing certain increases in matching funds for certified Maine Clean Election Act candidates may increase 
expenditures from the Maine Clean Election Fund. These possible expenditure increases may be offset by new 
limitations regarding allowable net fundraising calculations used to determine matching funds. The amounts for eith .. 
scenario can not be determined at this time 
LR2804(3) - Fiscal Note - Page 1 of 1