An Act Regarding the Maine-Clean Election Act Further amend the bill by striking everything after the ti tIe and before the summary and inserting in its place the following: Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, campaigns for candidates participating in the Maine Clean Election Act seeking election in 2006 are already underway; and Whereas, proper enforcement is necessary to ensure that funds distributed from the Maine Clean Election Fund are being spent in accordance with the law; and Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, Page l-LRI021(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1596
Committee Amendment CA_A_S521 (Senate)
Amends: 21-A MRSA §1014, 21-A MRSA §1017, 21-A MRSA §1125, 21-A MRSA §1127

COMMITTEE AMENDMENT .. A .. to S.P. 570, L.D. 1596, Bill, 
Act Limiting Clean Election Candidates' Campaign Soliciting" 
"An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Regarding the Maine-Clean Election Act' 
Further amend the bill by striking everything after the 
ti tIe and before the summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, campaigns for candidates participating in the Maine 
Clean Election Act seeking election in 2006 are already underway; 
and 
Whereas, proper enforcement is necessary to ensure that 
funds distributed from the Maine Clean Election Fund are being 
spent in accordance with the law; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Page l-LRI021(2) 
COMMITTEE AMENDMENT 
~ 
It-
COMMITTEE AMENDMENT "A" to S.P. 570, L.D. 1596 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §1014, sub-§4, as amended by PL 1995, c. 
483, §6, is further amended to read: 
4. 
Enforcement. 
An expenditure, communication or broadcast 
made within 10 days before the election to which it relates that 
results in a violation of this section may result in a civil 
~el'~ei:~\il'e 
~ 
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 ~e~~e~~\i~e ~ 
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. 
If the commission determines that 
a person violated this sgction with thg intgnt to misreprgsent 
the namg or addrgss of thg pgrson who 
made or financed the 
communication 
or 
whether 
thg 
communication 
was 
or 
was 
not 
authorizgd by the candidatg, the commission may imposg a fine of 
no 
more 
than $5,000 
against the pgrson rgsponsiblg for 
the 
communication. 
Enforcement and collection procedures must be in 
accordance with section 1020-A. 
Sec. 2. 21-A MRSA §1017, sub-§8, ,.C, as enacted by PL 1989, c. 
504, §§17 and 31, is amended to read: 
C. 
An unrestricted gift to the State 
A candidate for 
municipal 
off~ce may dispose of 
a 
surplus by making 
a 
rgstricted or unrestrictgd gift to the municipality: 
Sec. 3. 21-A MRSA §1125, sub-§6, as amended by PL 2005, c. 
301, §3l, is further 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 eaaQi:Qa~es candidate from the 
fund must be used for campaign-related purposes. The candidate, 
the treasurer, thg candidate's committge authorized pursuant to 
sgction lOB-A, subsection 1 or any agent of the candidatg and 
committge may not use thesg rgvgnugs for any but campaign-rglated 
purposes. 
The 
commission shall publish guidelines outlining 
permissible campaign-related expenditures. 
Sec. 4. 21-A MRSA §1125, sub-§7-A is enacted to read: 
COMMITTEE AMENDMENT 
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4t' 
COMMITTEE AMENDMENT "A" to S.P. 570, L.D. 1596 
A. 
Deposit into account. 
The candidate or 
committee 
authorized pursuant to section 1013 A. subsection 1 shall deposit 
all revenues from the fund in a campaign account with a bank or 
other 
financial 
institution. 
The 
campaign 
funds 
must 
be 
segregated from. and may not be commingled with. any other funds. 
Sec. 5. 21-A MRSA §1125, sub-§12-A is enacted to read: 
A. 
Regpired records. 
The treasurer shall obtain and 
A. 
Bank 
or other 
account 
statements 
for 
the 
campaign 
account covering the duration of the campaign; 
B. 
A 
vendor 
invoice 
stating the 
particular 
goods 
or 
services purchased for every expenditure of $50 or more: and 
C. 
A record proving that a vendor recei ved payment for 
every expenditure of $50 or more in the form of a cancelled 
check. 
receipt 
from the vendor or 
bank or credit card 
statement identifying the vendor as the payee. 
The treasurer shall preserve 
th~ records for 2 years following 
the candidate I s final campaign finance report for the election 
cycle. 
The candidate and treasurer shall submit 'photocopies of 
the records to the commission upon its request. 
Sec. 6. 21-A MRSA §1127, sub-§l, as amended by PL 2005, c. 
301, §33, is further amended to read: 
1. 
Civil fine. 
In addition to any other penalties that may 
be applicable, 
a 
person who 
violates any prov1s1on of this 
chapter or rules of the commission adopted pursuant to section 
1126 is subject to a fine 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-B if it determines that the failure to file a 
timely and accurate 
report resulted in the late payment of 
matching funds. 
This fine is recoverable in a civil action. 
In 
addition 
to 
any 
fine, 'for 
good 
cause 
shown, 
a 
candidateL 
treasurer. consultant or other agent of the candidate or the 
committee authorized by the candidate pursuant to section 1013-A. 
subsection 1 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 
COMMITTEE AMENDMENT 
W 
4t' 
COMMITTEE AMENDMENT 'A" to S.P. 570, L.D. 1596 
determining whether or not a candidate is in violation of the 
expendi ture limits of this chapter, the commission may consider 
as a mitigating factor any circumstances out of the candidate's 
control. 
Sec. 
7. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
following 
GOVERBMERTAL ETHICS AHD ELECTUIf PRACTICES, CC»IMISSIOR OR 
0414 
Maine Clean Election Fund 
Initiative: 
Establishes 
one 
Planning 
and 
Research Assistant 
project position from May I, 2006 to January 31, 2007 to monitor 
candidates' expenditures of Maine Clean Election Act funds for 
compliance with expenditure guidelines and to encourage complete 
reporting of candidates' financial activities. 
OT.BER SPECIAL REVENUE FORDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2005-06 
$12,623 
($12,623) 
$0 
2006-07 
$40,042 
($40,042) 
$0 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. 
1. 
It provides for an increased penalty for not including 
information about who paid for a political communication with 
intent to mislead. 
2. 
It provides that municipal candidates may dispose of 
surplus campaign funds by making a gift to the municipality as 
state candidates may dispose of surplus campaign funds by making 
a gift to the State. 
3. 
It clarifies that a candidate participating in the Maine 
Clean Election Act and all agents of the candidate may not use 
public funds for anything other than campaign-related purposes. 
4. 
It requires candidates to deposit Maine Clean ,Election 
Act funds into a 
bank account or other financial institution 
account. 
COMMITTEE AMENDMENT 
1'6 
ti 
<t,;!I 
COMMITTEE AMENDMENT .. A 
.. to S.P. 570, L.D. 1596 
5. 
It requires Maine Clean Election Act candidates to keep 
vendor invoices and cancelled checks or other proof of payment to 
vendors for expenditures of $50 or more. 
6. 
It requires that a participating candidate keep account 
statements for 2 years after the candidate's last election. 
7. 
It authorizes the Commission on Governmental Ethics and 
Election Practices to 
require 
the 
repayment 
of 
Maine 
Clean 
Election Act funds used by a campaign treasurer or consultant for 
other than campaign-related purposes. 
8. 
It adds an appropriations and allocations section to 
transfer money from All Other to Personal Services within the 
Maine Clean Election Fund to pay for a support staff position for 
months during the 
2006 election year devoted primarily to 
auditing Maine Clean Election Act candidates. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03119/06 ;t,:rac:. 
LD 1596 
LR 1021(02) 
An Act Limiting Clean Election Candidates' Campaign Soliciting 
Fiscal Note for Bill as Amended by Committee Amendment ,A " 
Committee: Legal a~d Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue increase - Other Special Revenue Funds 
2005·06 
2006·07 
Projections 
2007-08 
Appropriations! Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
$0 
Projections 
2008·09 
As amended, this bill includes an Other Special Revenue Funds deallocation of $12,063 and $40,042 in All Other for 
fiscal year 2005-06 and 2006-07, respectively, and allocates the same amounts for Personal Services to allow the 
Commission on Governmental Ethics and Election Practices to establish one Planning & Research Assistant project 
position to audit Maine Clean Election Fund candidates. In addition, certain changes regarding penalties and fmes 
may result in additional fine revenue being collected by the commission for the Maine Clean Election Fund; the 
amounts will depend on the number and size of any fines levied by the commission and can not be determined at this 
time. 
LRI021(2) - Fiscal Note - Page 1 of 1