An Act To Improve Campaign Financing and Reporting and the Administration of the Maine Clean Election Act
Maine Legislature, Session 122, LD 1500
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, PATRICK
Amends: 1 MRSA §1008, 1 MRSA §1009, 1 MRSA §101, 3 MRSA §317, 21-A MRSA §1003, 21-A MRSA §1004-A, 21-A MRSA §1012, 21-A MRSA §1014, 21-A MRSA §1017, 21-A MRSA §1017-A, 21-A MRSA §1019-B, 21-A MRSA §1052, 21-A MRSA §1053, 21-A MRSA §1059, 21-A MRSA §1060, 21-A MRSA §1122, 21-A MRSA §1125, 21-A MRSA §112, 21-A MRSA §1127

Legislative Document 
No.lS00 
S.P.518 
In Senate, March 28, 2005 
An Act To Improve Campaign Financing and Reporting and the 
Administration of the Maine Clean Election Act 
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator GAGNON of Kennebec. 
Cosponsored by Representative PATRICK of Rumford. 
Printed on recyc led 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 §1008, sub-§6, as amended by PL 2003, c. 20, 
Pt. J, §1, is further amended to read: 
6. 
Enhanced monitoring. 
To provide for enhanced monitoring 
and 
enforcement 
of 
election 
practices 
and 
the 
electronic 
submission of 
reports 
and computerized tracking of 
campaign, 
election 
and 
lobbying 
information 
under 
the 
commission's 
jurisdiction. 
Sec.2. 1 MRSA §1009 is enacted to read: 
§I009. 
Recommendations to Legislature 
Following a 
general election, 
the commission may solicit 
suggestions for improving campaign financing and reporting and 
the administration of the other areas within the commission's 
jurisdiction. 
The commission may submit legislation within 90 
days df the general election. 
Sec. 3. 1 MRSA §101S, sub-§3, 118, as enacted by PL 1997, c. 
529, §1, is amended to read: 
B. 
The 
Governor, 
a 
member 
of 
the 
Legislature 
or 
any 
constitutional 
officer 
or 
the 
staff 
or 
agent 
of 
the 
Governor, a member of the Legislature or any constitutional 
.officer 
may 
not 
intentionally 
solicit 
or 
accept 
a 
contribution from a lobbyist, lobbyist associate or employer 
during 
any period of 
time 
in which 
the Legislature is 
convened before final adjournment, except for a gualifying 
contribution as 
defined under Title 
21-A, 
section 1122, 
subsection 7. 
A lobbyist, lobbyist associate or employer 
may not intentionally give, offer or promise a contributionL 
other than a gualifying contribution, to the Governor, 
a 
member of the Legislature or any constitutional officer or 
the 
staff or 
agent 
of 
the 
Governor, 
a 
member 
of 
the 
Legislature or any constitutional officer during any time in 
which the Legislature is convened before final adjournment. 
These 
prohibitions 
apply 
to 
direct 
and 
indirect 
solicitation, 
acceptance, 
g~v~ng, offering and 
promising, 
whether 
through 
a 
political 
action 
committee, 
political 
committee, political party or otherwise. 
Sec. 4. 3 MRSA §317, sub-§2-A is enacted to read: 
2-A. 
Electronic filing. 
Beginning 
January 
1, 
2006, 
a 
lobbyist shall file monthly session reports under subsection 1 
and 
annual 
reports 
under 
subsection 
through 
an electronic 
filing system developed by the commission. 
The commission may 
Page l-LR0589(1) 
make an exception to this electronic filing reguirement if a 
lobbyist submits a written reguest that states that the lobbyist 
lacks access to the technology or the technological ability to 
file reports electronically. 
The reguest for an exception must 
be submitted at least 10 days prior to the deadline for the first 
report that the lobbyist is reguired to file for the lobbying 
year. 
The commission shall grant all reasonable reguests for 
exceptions. 
Sec. 5. 21-A MRSA §1003, sub-§l, as amended by PL 1991, c. 
839, §l and affected by §34, is further amended to read: 
1. 
Investigations. 
The 
commission 
may 
iRves~i~a~e 
undertake 
audits 
and 
investigations 
to 
determine 
the 
facts 
concerning the registration of a candidate, treasurer, political 
committee or political action committee and contributions by or 
to and expenditures by a person, candidate, treasurer, political 
committee or political action committee. 
For this purpose, the 
commission may subpoena witnesses and records and take evidence 
under oath. 
A person or political action committee that fails to 
obey the lawful subpoena of the commission or to testify before 
it under oath must be punished by the Superior Court for contempt 
upon 
application 
by 
the 
Attorney 
General 
on 
behalf 
of 
the 
commission. 
Sec. 6. 21-A MRSA §1004-A, sub-§5, as enacted by PL 2003, c. 
628, Pt. A, §1, is amended to read: 
5. 
Material false 
statements. 
A person that 
makes 
a 
material false statement or that makes a statement that includes 
a material misrepre~~ion in a document that is required to be 
submitted to the commission, or that is submitted in response to 
a request by the commission, may be assessed a penalty not to 
exceed $5,000. 
Sec. 7. 21-A MRS A §1012, sub-§2, ~B, as amended by PL 1999, c. 
432, §l, is further amended to read: 
B. 
Does not include: 
(1) 
The 
value 
of 
services 
provided 
without 
compensation by individuals who volunteer a portion or 
all of their time on behalf of a candidate or political 
committee; 
(2) 
The use of real or personal property and the cost 
of 
invitations, 
food 
and 
beverages, 
voluntarily 
provided by an individual to a candidate in rendering 
voluntary 
personal 
services 
for 
candidate-related 
activities, if the cumulative value of these activities 
by the individual on behalf of any candidate does not 
exceed $99 tlQQ with respect to any election; 
beverage by a vendor for 
at a charge less than the 
if 
the 
charge 
to 
the 
(3) 
The sale of any food or 
use in a candidate's campaign 
normal 
comparable 
charge, 
candidate is at least equal to the cost of the food or 
beverages to the vendor and if the cumulative value of 
the food or beverages does not exceed $99 $100 with 
respect to any election; 
(4) 
Any unreimbursed travel expenses incurred and paid 
for by an individual who volunteers personal services 
to 
a 
candidate, 
if the 
cumulative 
amount 
of 
these 
expenses does not exceed $99 $100 with respect to any 
election; 
(4-A) 
Any unreimbursed travel expenses incurred and 
paid for by the candidate or the candidate's spouse; 
(5) 
The payment by a party's state, district, county 
or municipal 
committee of the costs of preparation, 
display or mailing or other distr ibution 
iB€1:l~~et1--by 
tRe-~~~~-w~~£--~es~eet-~~-a--~~~~~-~~~-ea~eT 
saffiple-~~~-e~-~~~-F~~R~eQ--~~&~~~-~--~-~--me~e 
eaBQieate6---t-o-r---aBy--~-i~-i-oa-1---e€€iee 
of 
a 
party 
candidate listing; 
(6) 
Documents, 
in 
printed 
or 
electronic 
form, 
including 
party 
platforms, 
single 
copies 
of 
issue 
papers, information pertaining to the requirements of 
this Title aBeL lists of registered voters and voter 
identification information, created or maintained by a 
political 
party 
for 
the 
general 
purpose 
of 
party 
building and provided to a candidate who is a member of 
that party; 
(7) 
Compensation paid by 
a 
political party to 
an 
employee of that party for the following purposes: 
(a) 
Providing advice to anyone candidate for a 
period of no more than 20 hours in any election; 
(b) 
Recruiting 
and 
campaign 
activities 
candidates; or 
overseeing 
involving 
volunteers 
or 
for 
more 
(c) 
Coordinating campaign events involving 3 or 
more candidates; 
432, 
(8) 
Campaign training sessions provided to 3 or more 
candidates; 
(8-A) 
Costs 
paid 
for 
by 
a 
party 
committee 
in 
connection with a campaign event at which 3 or more 
candidates are present; 
(8-B) 
Wood or other materials used for political signs 
that 
are 
found 
or 
contributed 
if 
not 
originally 
obtained by the candidate or contributor for campaign 
purposes; 
(a-c) 
The use ar distribution of any communication, as 
described in section 10l4« obtained by the candidate 
for a preyiQus election and fully paid for during that 
election; 
(9) 
The 
use 
of offices, 
telephones, 
computers 
and 
similar equipment when that use does not result in 
additional cost to the provider; or 
(10) 
Acti vi ty or communication designed to encourage 
individuals to register to vote or to vote if that 
activity or communication does not mention a clearly 
identified candidate. 
Sec. 8. 21-A MRSA §1012, sub-§3, ,B, as amended by PL 1999, c. 
§2, is further amended to read: 
B. 
Does not include: 
(1) 
Any 
news 
story, 
commentary 
or 
editorial 
distr ibuted through the facilities of any broadcasting 
station, 
newspaper, 
magazine 
or 
other 
periodical 
publication, 
unless 
the 
facilities 
are 
owned 
or 
controlled by any political party, political committee 
or candidate; 
(I-A) 
Any communication distributed through a public 
access television station if the communication complies 
with the laws and rules governing the station and all 
candidates in the race have an equal opportunity to 
promote their candidacies through the station: 
(2) 
Activity or communication designed to encourage 
individuals to register to vote or to vote if that 
activity or communication does not mention a clearly 
identified candidate; 
(3) 
Any communication by any membership organization 
or corporation to its members or stockholders, if that 
membership organization or corporation is not organized 
primarily for the purpose of influencing the nomination 
or election of any person to state or county office; 
(4) 
The use of real or personal property and the cost 
of 
invitations, 
food 
and 
beverages, 
voluntarily 
provided by an individual to a candidate in rendering 
voluntary 
personal 
services 
for 
candidate-related 
activities, if the cumulative value of these activities 
does not exceed $§Q £lQQ with respect to any election; 
(5) 
Any unreimbursed travel expenses incurred and paid 
for by an individual who volunteers personal services 
to 
a 
candidate, 
if the 
cumulative 
amount 
of 
these 
expenses does not exceed $§Q £lQQ with respect to any 
election; 
(5-A) 
Any unreimbursed travel expenses incurred and 
paid for by the candidate or the candidate's spouse; 
(6) 
Any 
for 
the 
election, 
office; 
communication by any person that is not made 
purpose 
of 
influencing 
the 
nomination 
for 
or election, of any person to state or county 
(7) 
The payment by a party's state, district, county 
or municipal committee of the costs of preparation, 
display or mailing or other distribution 
,i,Be~££e4--9y 
~ae-£~~~~~it~-Fes~ee~-~~~-~F,i,B~ea-~~~€-~r~-eF 
saffi~~e-~~~~-~r-e~aeF-~~~~-~~~~r-ef-~~r-ffieFe 
eaBa,i,aa~es--fe£--~By--~~~~~--~~-~--~r--waiea--aB 
e~ee~,i,eB-,i,s-aela of a party candidate listing; 
(8) 
The use or distribution of any communication, as 
described in section 1014, 
~Fe~aFea obtained by the 
candidate for a previous election and fully paid for 
during that election campaign 
waieR--wa&-~-~-6e.e.--eF 
a,i,s~F,i,9Q~ea-,i,B-~aa~-~Fev,i,eQs-eleeEieB; 
(9) 
Documents, 
in 
printed 
or 
electronic 
form, 
including 
party 
platforms, 
single 
copies 
of 
issue 
papers, information pertaining to the requirements of 
this Title aBa.L lists of registered voters and voter 
identification information, created or maintained by a 
political 
party 
for 
the 
general 
purpose 
of 
party 
building and provided to a candidate who is a member of 
that party; 
(10) 
Compensation paid by a political party to an 
employee of that party for the following purposes: 
(a) 
Providing advice to anyone candidate for a 
period of no more than 20 hours in any election; 
(b) 
Recruiting 
and 
campaign 
activities 
candidates; or 
overseeing 
involving 
volunteers 
for 
or 
more 
(c) 
Coordinating campaign events involving 3 or 
more candidates; 
(10 A) 
Costs 
paid 
for 
by 
a 
party 
committee 
in 
connection with a campaign event at which 3 or more 
candidates are present; 
(11) 
Campaign training sessions provided to 3 or more 
candidates; 9!C 
(II-A) 
Wood 
or other materials 
used 
for political 
signs that are found or contributed if not originally 
obtained by the candidate or contributor for campaign 
purposes; or 
(12) 
The use of 
similar equipment 
additional cost to 
offices, 
telephones, 
when that use does 
the provider. 
computers 
and 
not result in 
Sec. 9. 21-A MRSA §1012, sub-§5 is enacted to read: 
5. 
Party candidate listing. 
"Party candidate 
listing" 
means any communication that meets the following criteria. 
A. 
The 
communication 
lists 
the 
names 
of 
at 
least 
candidates for election to public office and is distributed 
in a geographical area where some voters are eligible to 
vote for at least 3 candidates listed. 
The communication 
may 
include 
any 
combination 
of 
or 
more 
candidates, 
including candidates for federal, state or local office. 
B. 
The 
communication 
is 
distributed 
through 
public 
advertising such as broadcast stations, cable television, 
newspapers 
and 
similar 
media, 
and 
through direct mail, 
telephone, electronic mail, publicly accessible sites on the 
Internet or personal delivery. 
C. 
The treatment of all candidates in the communication is 
substantially similar. 
D. 
The content of the communication is limited to: 
(1) 
The identification of each candidate, with which 
pictures may be used; 
(2) 
The offices sought; 
(3) 
The offices currently held by the candidates; 
(4) 
The party affiliation of the candidates 
and 
a 
brief statement about the party or 
the candidates' 
positions, 
philosophy, 
goals, 
accomplishments 
or 
biographies; 
(5) 
Encouragement 
to 
vote 
for 
the 
candidates 
identified; and 
( 6) 
Information about voting, such as voting hours and 
locations. 
If 
the 
communication 
contains 
language 
outside 
the 
categories of this paragraph, it does not qualify as a party 
candidate listing. 
Sec. 10. 21-A MRSA §1014, sub-§I, as amended by PL 1991, c. 
839, §8, is further amended to read: 
1. 
Authorized by candidate. 
Whenever 
a person makes 
an 
expenditure to finance a communication 
eHE1f'e66:lY-~-H1q--t;Re 
e:leet;iea--&r--de-~-e{ that names a clearly identified candidate 
through broadcasting stations, 
newspapers, 
magazines, 
outdoor 
advertising 
facilities, 
publicly 
accessible 
sites 
on 
the 
Internet, direct mails or other similar types of general public 
political 
advertising 
or 
through 
flyers, 
handbills, 
bumper 
stickers and other nonperiodical publications, the communication, 
if authorized by a candidate, a candidate's authorized political 
commi ttee or their agents, 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 
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, 
l2-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. 
Sec. 11. 21-A MRSA §1014, sub-§5 is enacted to read: 
5. 
Automated telephone calls. 
Automated telephone calls 
that name a clearly identified candidate must clearly state the 
name of the person who made or financed the expenditure for the 
communication and must clearly state whether the communication 
has been authorized by the candidate. 
Sec. 12. 21-A MRS A §1017, sub-§2, ,D, as amended by PL 2003, 
c. 628, Pt. B, §l, is further amended to read: 
D. 
Contributions aggregating $1,000 or more from anyone 
contr ibutor or single expenditures of $1,000 or more, made 
after the 12th day before the election, and more than 24 
hours before 5 p.m. on the day of the election, must be 
reported 
within 
hours 
of 
those 
contributions 
or 
expenditures e~-by-~~~-~ae-fiFs~-~~~~-~~~~~-~Re 
eeRE~iBHEieRs-e~-eH~eRQiEH~eST-wRieReve~-is-*aEe~. 
Sec. 13. 21-A MRSA §1017, sub-§3-A, ,C, as amended by PL 2003, 
c. 628, Pt. B, §2, is further amended to read: 
C. 
Contributions aggregating $1,000 or more from anyone 
contributor or single expenditures of $1,000 or more, made 
after the 12th day before any election and more than 24 
hours before 5 p.m. 
on the day of any election must be 
reported 
within 
hours 
of 
those 
contributions 
or 
expendituresT-eF-bY-~~-~~~~~~~&~ae&&-G&~-a~~eF-ERe 
eeRE~iBHEieRs-e~-eH~eRQitH~esT-wRieReve~-is-*aEe~. 
Sec. 14. 21-A MRSA §1017, sub-§6, as amended by PL 1999, c. 
729, §4, is further amended to read: 
6. 
Forms. 
Reports 
required by this section not filed 
electronically must be on forms prescribed, prepared and sent by 
the commission to the treasurer of each registered candidate at 
least 
days 
before 
the 
filing 
date 
for 
the 
report. 
Establishment of or amendments 
to the campaign report filing 
forms required by this section must be by rule. 
Persons filing 
reports may use additional pages if necessary, but the pages must 
be 
the 
same 
size 
as 
the 
pages 
of 
the 
form. 
Although 
the 
commission mails 
the 
forms 
for 
required reports, 
failure 
to 
receive forms by mail does not excuse treasurers, committees and 
other persons who must file reports from otherwise obtaining the 
forms. 
Rules of the commission establishing campaign report filing forms 
for candidates are 
R1ajeF--6~h-6£aR£ive routine technical rules as 
defined in Title 5, chapter 375, subchapter ±±-A 2-A. 
Sec. 15. 21-A MRSA §1017, sub-§8, 1[A, as enacted by PL 1989, 
c. 504, §§17 and 31, is amended to read: 
A. 
PFe-~~~-£i-6££4h~£ieR Returning contributions to the 
candidate's or candidate's authorized political committee's 
contributors, as long as no contributor receives more than 
the amount contributed; 
Sec. 16. 21-A MRSA §1017, sub-§10 is enacted to read: 
10. 
Electronic filing. 
Beginning January 1, 
2006, 
the 
treasurer of 
a 
candidate 
or 
committee that has 
receipts or 
expects to have receipts of more than $1. 500 shall file each 
report required by this section through an electronic filing 
system developed by the commission. 
The commission may make an 
exception to this electronic filing requirement if a candidate or 
committee 
submits 
a 
written 
request 
that 
states 
that 
the 
candidate or committee lacks access to the technology or the 
technological 
ability 
to 
file 
reports 
electronically. 
The 
request for an exception must be submitted by April 15th of the 
election 
year. 
The 
commission 
shall 
grant 
all 
reasonable 
requests for exceptions. 
Se.c. 17. 21-A MRSA §1017-A, sub-§4-A, 1[E, as amended by PL 
2003, c. 628, Pt. B, §4, is further amended to read: 
E. 
A state party committee shall report any expenditure of 
$5.00 or more, made after the 12th day before. the election 
and more than 24 hours before 5:00 p.m. on the day of the 
election, within 24 hours of that expenditure e~-~-~-e~ 
~he-~~~~--&~~~~~~-aay-~~~--~ae-€~¥€££i~~£€7-~~~-i6 
±aseF. 
Sec. 18. 21-A MRSA §1017-A, sub-§4-B, 1[C, as enacted by PL 
2003, c. 628, Pt. A, §2, is amended to read: 
C. 
Any contribution or expenditure of $1,000 . or more made 
after the 12th day before any election and more than 24 
hours before that election must be reported within 24 hours 
of that contribution or expenditure eF-~y-~~~-~&e-~i~6~ 
B~siRess--~--~~~---sae--~~~~--~---eHFeRais~FeT 
whieheveF-is-±aseF. 
Sec. 19. 21-A MRSA §1017-A, sub-§4-C is enacted to read: 
4-C. 
Electronic filing. 
Beginning January L 
2006, state 
party committees shall file each report reguired by this section 
through an electronic filing system developed by the commission. 
The commission may make an exception to this electronic filing 
reguirement if a party committee submits a written reguest that 
states that the party committee lacks access to the technology or 
the technological ability to file reports electronically. 
The 
reguest for an exception must be submitted by March 1st of the 
election 
year. 
The 
commission 
shall 
grant 
all 
reasonable 
reguests for exceptions. 
Sec. 20. 21-A MRSA §1019-B, sub-§l, ,B, as enacted by PL 2003, 
c. 448, §3, is amended to read: 
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 dl lQ days, 
including election day, 
before a 
primary election; the dl .lQ days, including election day, 
before 
a 
general election; or during a 
special election 
until and on election day. 
Sec. 21. 21-A MRSA §1052, sub-§4, ,B, as enacted by PL 1985, 
c. 161, §6, is amended to read: 
B. 
Does not include: 
(1) 
Any 
news 
story, 
commentary 
or 
editorial 
distributed through the facilities of any broadcasting 
station, 
newspaper, 
magazine 
or 
other 
periodical 
publication, 
unless 
these 
facilities 
are 
owned 
or 
controlled by any political party, political committee 
or candidate; 
(2) 
NeH~atti6aH---aetiyity 
Activity 
designed 
to 
encourage individuals to register to vote or to voteL 
if that activity or communication does not mention a 
clearly identified candidate; 
(3) 
Any communication by any membership organization 
or corporation to its members or stockholders, if that 
membership organization or corporation is not organized 
primarily for the purpose of influencing the nomination 
or election of any person to state or county office; 
(4) 
The use of real or personal property and the cost 
of 
invitations, 
food 
and 
beverages, 
voluntarily 
provided by a political action committee in rendering 
voluntary 
personal 
services 
for 
candidate-related 
activities, if the cumulative value of these activities 
by the political action committee on behalf of any 
candidate does not exceed $99 ~ 
with respect to any 
election; 
(5) 
Any unreimbursed travel expenses incurred and paid 
for 
by 
a 
political 
action 
committee 
wHieH 
that 
volunteers personal services to 
a 
candidate, if the 
cumulative amount of these expenses does not exceed $99 
$100 with respect to any election; and 
(6) 
Any 
communication 
by 
any 
political 
action 
committee member wHieH .t.h..Q.t is not made for the purpose 
of 
influencing 
the 
nomination 
for 
election, 
or 
election, of any person to state or county office. 
Sec. 22. 21-A MRS A §1053, sub-§l, as amended by PL 1995, c. 
167, §1, is further amended to read: 
1. 
Identification of committee. 
The 
names 
and mailing 
addresses of the committee, its treasurer, its principal officers 
and the identity of any 9aRQiQa~e-WHe-is-£e~is~e£eQ-~RQe£-se€~ieR 
191~-A-~-wHe--~-iRvelveQ-~~-QeeisieR-~i~-~e£-~-peliEieal 
ae~ieR--eeffiffii~~ee--e£~aRiseQ--Ee--aQVaRee--EHe--eleeEieR--e~--EHaE 
eaRQiQa~e candidates, Legislators or other individuals who are 
the primary fund-raisers and decision makers for the committee; 
Sec. 23. 21-A MRSA §1053, as amended by PL 1999, c. 729, §7, 
is further amended by adding at the end a new paragraph to read: 
Every change in information reguired by this section must be 
included 
in 
an 
amended 
registration 
form 
submitted 
to 
the 
commission within 
days 
of 
the 
date 
of 
the 
change. 
The 
committee must file an updated registration form every 
years 
between January 1st and March 1st of an election year. 
Sec. 24. 21-A MRSA §1059, sub-§2, 1fE, as amended by PL 2003, 
c. 628, Pt. B, §5, is further amended to read: 
E. 
A committee shall report any expenditure of $500 or 
more, made after the 12th day before the election and more 
than 24 hours before 5 p.m. 
on the day of the election, 
within 24 hours of that expenditure e£-~Y-~~--~&&-Ei~6E 
B~siReS6-Qay-aEEe~-~He-eHpeRQi~~£eT-wHieHeve~-i6-la~e£. 
Sec. 25. 21-A MRSA §1059, sub-§5 is enacted to read: 
5. Electronic filing. 
Beginning January 1, 2006, committees 
shall file 
each 
report required 
by this section through 
an 
electronic 
filing 
system 
developed 
by 
the 
commission. 
The 
commission 
may 
make 
an 
exception 
to 
this electronic filing 
requirement if a committee submits a written request that states 
that 
the 
committee 
lacks 
access 
to 
the 
technology 
or 
the 
technological 
ability 
to 
file 
reports 
electronically. 
The 
request for an exception must be submitted no later than March 1, 
2006 or within 30 days of the registration of the committee, 
whichever is later. 
The commission shall grant all reasonable 
requests for exceptions. 
Sec. 26. 21-A MRSA §1060, sub-§4, as amended by PL 2003, c. 
615, §3, is further amended to read: 
4. 
Itemized expenditures. 
An itemization 
ef--eKf>€'*l-el-i~\l.£e6 
aRE1--t-he--E1a~e of each expenditure made to support or oppose any 
candidate, 
campaign, 
political 
committee, 
political 
action 
committee, 
political party, 
referendum or initiated petitionL 
including the date, payee and purpose of the expenditure and the 
address of the payee. 
If expenditures were made to a person 
described 
in 
section 
1012, 
subsection 
3, 
paragraph 
A, 
subparagraph (4), the report must contain the name of the person; 
the 
amount 
spent by that person on behalf of the candidate, 
campaign, 
political 
committee, 
political 
action 
committee, 
political party, referendum or initiated petition; the reason for 
the expenditure; and the date of the expenditure. 
The commission 
may 
specify 
the 
categories 
of 
expenditures 
that 
are 
to 
be 
reported 
to 
enable 
the 
commission 
to 
closely 
monitor 
the 
activities of political action committees; 
Sec. 27. 21-A MRSA §1122, sub-§9, as amended by PL 2001, c. 
465, §3, is further amended to read: 
9. 
Seed money contribution. 
"Seed 
money 
contribution" 
means a contribution of no more than $100 per individual made to 
a candidate, including a contribution from the candidate or the 
candidate' s 
family. 
To 
be 
eligible 
for 
certification, 
a 
candidate may collect and spend only seed money contributions 
subsequent to becoming 
a 
candidate as defined by section 1, 
subsection 
and 
throughout 
the 
qualifying 
period. 
b 
participating candidate who has accepted contributions or made 
expenditures that do not comply with the seed money restrictions 
under this chapter may petition the commission to remain eligible 
for certification as 
a 
Maine Clean Election Act candidate in 
accordance with rules of the commission, if the failure to comply 
was 
unintentional 
and 
does 
not 
constitute 
a 
significant 
infraction of 
these restrictions. 
Prior 
to certification, 
a 
candidate may obligate an amount greater than the seed money 
collected if the value of the goods and services received from a 
vendor 
does 
not 
exceed 
the 
amount 
paid 
to 
the 
vendor. 
A 
candidate may not collect or spend seed money contributions after 
certification as a Maine Clean Election Act candidate. 
A seed 
money 
contribution must 
be 
reported 
according 
to 
procedures 
developed by the commission. 
Sec. 28. 21-A MRSA §1125, sub-§l, as enacted by IB 1995, c. L 
§17, is amended to read: 
1. 
Declaration of intent. 
A participating candidate must 
file a declaration of intent to seek certification as a Maine 
Clean Election Act candidate and to comply with the requirements 
of this chapter. 
The declaration of intent must be filed with 
the commission prior to or during the qualifying period, except 
as provided in subsection 11, according to forms and procedures 
developed 
by 
the 
commission. 
A participating candidate must 
submit a declaration of intent p~ie~-~e within 5 business days of 
collecting qualifying contributions under this chapter, or the 
qualifying contributions 
collected before 
the 
declaration of 
intent has been filed will not be counted toward the eligibility 
requirement in subsection 3. 
Sec. 29. 21-A MRS A §1125, sub-§5, as amended by PL 2003, c. 
270, §§1 and 2, is further amended to read: 
5. 
Certification of Maine Clean Election Act candidates. 
Upon receipt of a final submittal of qualifying contributions by 
a participating candidate, the commission shall determine whether 
or not the candidate has: 
A. 
Signed and filed a declaration of intent to participate 
in this Act; 
B. 
Submitted the appropriate number of valid qualifying 
contributions; 
C. 
Qualified as a candidate by petition or other means; 
D. 
Not 
accepted 
contr ibutions, 
and 
restrictions; 
contributions, 
except 
for 
otherwise 
complied 
with 
seed 
seed 
money 
money 
D-l. 
Not 
candidate 
and 
run 
in a 
for the 
same office as 
primary election in the 
a 
nonparticipating 
same election year; 
E. 
Otherwise met the requirements for participation in this 
Act. 
The 
commission shall certify a 
candidate 
complying with the 
requirements 
of this section as 
a 
Maine 
Clean Election Act 
candidate as soon as possible and no later than 3 business days 
after final submittal of qualifying contributions. 
Upon certification, a candidate must transfer to the fund any 
unspent seed money contributions. 
A certified candidate must 
comply with all requirements of this Act after certification and 
throughout the primary and general election periods. 
Failure to 
do so is a violation of this chapter. 
Sec. 30. 21-A MRSA §112S, sub-§6, as enacted by IB 1995, c. 1, 
§17, is amended to read: 
6. 
Restrictions 
on 
contributions 
and 
expenditures 
for 
certified candidates. 
After certification, 
a 
candidate 
must 
limit 
the 
candidate's 
campaign 
expenditures 
and obligations, 
including outstanding obligations, to the revenues distributed to 
the candidate from the fund and may not accept any contributions 
unless specifically authorized by the commission. 
Candidates may 
also accept and spend interest earned on bank accounts. 
All 
revenues distributed to certified candidates from the fund must 
be 
used 
for 
campaign-related purposes. 
The 
commission shall 
publish 
guidelines 
outlining 
permissible 
campaign-related 
expenditures. 
Sec. 31. 21-A MRSA §112S, sub-§14, as enacted by IB 1995, c. 
1, §17, is amended to read: 
14. 
Appeals. 
A candidate who has been denied certification 
as a Maine Clean Election Act candidate er::.L the opponent of a 
candidate who has been granted certification as a Maine Clean 
Election Act candidate or other interested persons may challenge 
a certification decision by the commission as follows. 
A. 
A challenger may appeal to the full commission within 6 
days of the certification decision. 
The appeal must be in 
writing and must set forth the reasons for the appeal. 
B. 
Within 5 days after an appeal is properly made and after 
notice is given to the challenger and any opponent, 
the 
commission shall hold a 
hearing. 
The appellant has the 
burden 
of 
providing 
evidence 
to 
demonstrate 
that 
the 
commission decision was improper. 
The commission must rule 
on the appeal within 3 days after the completion of the 
hearing. 
C. 
A challenger may appeal the decision of the commission 
in paragraph B by commencing an action in Superior Court 
according 
to 
the 
procedure 
set 
forth 
in 
section 
356, 
subsection 2, paragraphs D and E. 
D. 
A candidate whose certification by the commission as a 
Maine Clean Election Act candidate is revoked on appeal must 
return to the commission any unspent revenues distributed 
from the fund. 
If the commission or court find that an 
appeal was made frivolously or to cause delay or hardship, 
the commission or court may require the moving party to pay 
costs of the commission, court and opposing parties, if any. 
Sec. 32. 21-A MRSA §1127, sub-§l, as amended by PL 2003, c. 
81, §1, is further amended to read: 
1. 
Civil fine. 
In addition to any other penalties that may 
be 
applicable, 
a 
person 
who 
violates 
any provision of 
this 
chapter or rules of the commission adopted pursuant to section 
1126 is subject to a 
eivil-peRa±~y ~ 
not to exceed $10,000 per 
violation payable to the fund. 
The commission may assess a fine 
of up to $10,000 for a violation of the reporting requirements of 
sections 1017 and 1019-8 if it determines that the failure to 
file a timely and accurate report resulted in the late payment of 
matching funds. 
This 
peRa±~y fine is recoverable in a civil 
action. 
In 
addition 
to 
any 
fine, 
for 
good 
cause 
shown, 
a 
candidate found in violation of this chapter or rules of the 
commission may be required to return to the fund all amounts 
distributed to the candidate from the fund or any funds not used 
for 
campaign-related 
purposes. 
If 
the 
commission 
makes 
a 
determination that a violation of this chapter or rules of the 
commission has occurred, the commission shall assess a fine or 
transmit the finding to the Attorney General for prosecution. 
Fines paid under this section must be deposited in the fund. 
In 
determining whether or not a candidate is in violation of the 
expenditure limits of this chapter, the commission may consider 
as a mitigating factor any circumstances out of the candidate 0 s 
control. 
SUMMARY 
This bill makes the following changes to the laws governing 
campaign financing and reporting and administration of the Maine 
Clean Election Act. 
1. 
It provides candidates, volunteers and political party 
committees 
more 
flexibility to pay 
for 
additional 
goods 
and 
services that would not be considered campaign contributions. 
2. 
It 
requires 
disclosure 
of 
which 
persons 
paid 
for 
publicly accessible sites on the Internet and automated telephone 
calls promoting or opposing candidates. 
3. 
It 
requires 
electronic 
reports 
by candidates, 
lobbyists, 
political action committees unless 
the requirement. 
filing 
of 
campaign 
finance 
state party committees 
and 
they request an exception to 
4. 
It 
requires 
information by political 
the 
filing 
of 
updated 
registration 
during each election 
action committees 
year. 
5. 
It extends to 7 days the opportuni tyfor candidates to 
appeal a determination by the Commission on Governmental Ethics 
and Election Practices on a candidate's request to participate in 
the Maine Clean Election Act. 
6. 
It provides more flexibility to Maine Clean Election Act 
candidates to obligate themselves to purchase goods and services 
prior to certification. 
7. 
It changes from major substantive to routine technical 
the 
type 
of 
rulemaking 
necessary 
for 
the 
Commission 
on 
Governmental Ethics and Election Practices to amend its campaign 
finance reporting form for candidates. 
8. 
It requires the filing of 24-hour reports by candidates 
and others on weekend days during the last 11 days before an 
election. 
9. 
It expressly permits 
the 
Commission 
on 
Governmental 
Ethics and Election Practices to audit campaign finance reporting 
by political action committees, candidates and others. 
10. 
It 
clarifies 
the 
reporting 
requirements 
for 
expenditures by political action committees.