An Act To Promote Clean Elections in Maine
Maine Legislature, Session 122, LD 1239
Committee: Legal and Veterans Affairs
Sponsors: GLYNN
Amends: 21-A MRSA §1, 21-A MRSA §1011, 21-A MRSA §1013-A, 21-A MRSA §1017, 21-A MRSA §1019-B, 21-A MRSA §1123, 21-A MRSA §1125

Legislative Document 
No. 1239 
H.P.857 
House of Representatives, March 10, 2005 
An Act To Promote Clean Elections in Maine 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative GLYNN of South Portland . 
Printed on recycled paper 
'IJ'/~ /J? 7T!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §1, sub-§5. as enacted by PL 1985, c. 161, 
§6, is amended to read: 
5. 
Candidate. 
"Candidate" means any person who has filed a 
petition under either sections 335 and 336 or sections 354 and 
and has qualified as a candidate by either procedure, or any 
person who has received contributions or made expenditures or has 
given ai:s consent for any other person to receive contributions 
or 
make 
expenditures 
with 
the 
intent 
of 
qualifying 
as 
a 
candidate. 
"Candidate" also means a Legislator who has publicly 
declared an intent to run for a leadership position. 
Sec. 2. 21-A MRSA §1, sub-§21-A is enacted to read: 
21-A. Leadership position. 
"Leadership position" means the 
position of the President of the Senate, the Speaker of the House 
of Representatives, a leader of a party in the Senate, a leader 
of a party in the House of R~~-'s~Lntatives, an assistant leader 
of a party in the Senate or an assistant leader of a party in the 
House of Representatives. 
Sec. 3. 21-A MRSA §1011, first 1[, as amended by PL 2001, c. 
430, §s, is further amended to read: 
This subchapter applies to candidates for all state and 
county offices and leadership positions and to campaigns 
for 
their nomination and election. 
Sec. 4. 21-A MRSA §1013-A. sub-§I, as amended by PL 1999, c. 
729, §1, is further amended to read: 
1. 
Candidates, their treasurers and political cOllWRittees. 
A candidate, except for a candidate for a leadership position-L 
shall register the candidate' s name and the name of a treasurer 
with the commission at least once in each legislative biennium, 
as 
provided in this section. 
A candidate 
for 
a 
leadership 
position shall register the candidate' s 
name and the name of a 
treasurer with 
the 
commission within 
days 
of 
becoming 
a 
candidate for a leadership position. 
A candidate may have only 
one treasurer, who must be appointed pursuant to paragraph A or 
B. 
For purposes of this section, "legislative biennium" means 
the 
term 
of 
office 
a 
person 
is 
elected 
to 
serve 
in 
the 
Legislature. 
A. 
No later than 10 days after becoming a 
candidate~xcept 
for a candidate for a leadership position, in which case no 
more than 3 
days after becoming a 
can(tidate, 
and before 
accepting contributions, 
making expenditures or incurring 
Page l-LRl720 (1) 
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J4 
In 
cl(j 
obligations, a candidate for state or county office ~ 
leadership position or a candidate for municipal office who 
has not filed a written notice in accordance with section 
1011, subsection 2, paragraph A shall appoint a treasurer. 
The candidate may serve as treasurer. 
The candidate may 
have only one treasurer, who is responsible for the filing 
of campaign finance reports under this chapter. 
A candidate 
shall register the candidate's name and address and the name 
and address of the treasurer appointed under this section no 
later than 10 days after the appointment of the treasurer. 
A candidate may accept contributions personally or make or 
authorize expenditures personally, as long as the candidate 
reports 
all 
contributions 
and 
expenditures 
to 
the 
treasurer. 
The treasurer shall make a consolidated report 
of all income and expenditures and provide this report to 
the commission. 
(1) A candidate may appoint a deputy treasurer to act 
in the absence of the treasurer. 
The deputy treasurer, 
when acting in the absence of the treasurer, has the 
same 
powers 
and 
responsibilities 
as 
the 
treasurer. 
When a treasurer dies or resigns, the deputy treasurer 
may not assume the position of treasurer unless the 
candidate appoints the deputy treasurer to the position 
of treasurer. 
The candidate shall report the name and 
address of the deputy treasurer to the commission no 
later than 10 days after the deputy treasurer has been 
appointed. 
B. 
A candidate may authorize one political committee to 
promote the candidate's election. 
No later than 10 days 
after appointing a political committee and before accepting 
contributions, making expenditures or incurring obligations, 
a 
candidate for state, 
county or municipal office shall 
appoint 
a 
treasurer 
of 
the 
political 
committee. 
The 
treasurer of 
the political committee is 
responsible for 
filing campaign 
finance 
reports 
under this chapter. 
No 
later than 10 days after appointing a political committee, 
the 
candidate 
shall 
register 
with 
the 
commission 
the 
following information regarding the political committee: 
(1) 
The name of the committee; 
(2) 
The name and address of the committee's treasurer; 
(3) 
The 
name 
of 
the 
candidate 
who 
authorized the 
committee; and 
(4 ) 
The 
names 
and 
addresses 
of 
the 
committee's 
officers. 
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 
made on behalf of the candidate. 
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 limits 
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. 5. 21-A MRSA §1017, sub-§3-A"G is enacted to read: 
G. 
Notwi~anding~~~her provision of this sec~o~ 
candidate for a leadership position shall submit reports as 
reguired by the commission. 
Sec. 6. 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 or 15 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 
days, 
including election day, 
before a primary election; the 21 days, including election 
• 
" 
day, before a general election; or during a special election 
or election for a leadership position until and on election 
day. 
Sec. 7. 21-A MRSA §1123. as enacted by IB 1995, c. 1, §17, is 
amended to read: 
§1123. Alternative campaign financing option 
This chapter establishes an alternative campaign financing 
option 
available 
to 
candidates 
running 
for 
Governor, 
State 
Senator aBeL State Representative and leadership positions. 
This 
al ternative campaign financing option is available to candidates 
for 
elections 
to 
be 
held beginning in the year 
2000. 
The 
commission shall administer this Act and the fund. 
Candidates 
participating in the Maine Clean Election Act must also comply 
with 
all 
other 
applicable 
election 
and 
campaign 
laws 
and 
regulations. 
Sec. 8. 21-A MRSA §1l24, sub-§I, as enacted by IB 1995, c. 1, 
§17, is amended to read: 
1. 
Establ.ished. 
The 
Maine 
Clean 
Election 
Fund 
is 
established to finance the election campaigns of certified Maine 
Clean Election Act candidates running for Governor, State Senator 
aBeL State Representative and leadership positions and to pay 
administrative and enforcement costs of the commission related to 
this Act. 
The fund is a special, dedicated, nonlapsing fund and 
any interest generated by the fund is credited to the fund. 
The 
commission shall administer the fund . 
.12 
Sec. 9. 21-A MRSA §1l25. sub-§9. as repealed and replaced by 
.\6 
PL 2003, c. 688, Pt. A, §22, 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 expenditures reported 
under 
section 
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, C, E or F, whichever is applicable. 
Sec. 10. 21-A MRSA §1125. sub-§§15 and 16 are enacted to read: 
15. Leadership pruiitions_. 
A certified candidate for State 
Senator or State Representative under SUbsection 5 may run for a 
leadership position as a Maine Clean Election Act candidate. 
A 
certified candidate who wishes to run for a leadership position 
under this subsection must file a letter of intent with the 
commission after certification under subsection 5 and within 3 
days of becoming a 
candidate for 
a 
leadership position. 
The 
commission shall certify the candidate as 
a 
candidate for 
a 
leadership position upon receipt of the letter of intent required 
under this subsection and confirmation that the candidate has 
been 
certified 
under 
subsection 
5. 
Within 
days 
of 
certification 
under 
this 
subsection, 
the 
commission 
shall 
distribute from the fund $1,000 to a candidate for State Senator 
and $3, 000 to a candidate for State Representatiye. 
A Maine 
Clean Election Act 
candidate 
who 
receives 
funds 
under 
this 
subsection may not accept or expend any other funds in running 
for a leadership position for that election. 
~ 
A certified candidate for State Senator 
L8 
or State Representative may not serve as 
an officer or have 
control over a political action committee as defined in section 
1052, subsection 5 that contributes to a campaign in the State. 
Sec. 11. Commission on Governmental Ethics and Election Practices 
to adopt rules. 
The Commission on Governmental Ethics and Election 
Practices established by the Maine Revised Statutes, Title 5, 
section 12004-G, 
subsection 
shall adopt major substantive 
rules relating to the reporting requirements of a candidate for a 
leadership position under Title 21-A, 
section 1017, subsection 
3-A, paragraph G pursuant to Title 5, chapter 375, 
subchapter 
2-A. 
The rules must include reporting times, forms to be used, 
accelerated reporting procedures, 
termination reports 
and 
any 
other relevant reporting matters. 
The Commission on Governmental 
Ethics and Election Practices shall submit a report on the rules 
developed pursuant to this section along with any recommended 
legislation to the Joint Standing Committee on Legal and Veterans 
Affairs no later than December 7, 2005. 
After receipt and review 
of the report, the Joint Standing Committee on Legal and Veterans 
Affairs may report out a bill to the Second Regular Session of 
the 122nd Legislature. 
SUMMARY 
This bill allows State Senators and State Representatives to 
run for leadership positions in the LegiSlature as Maine Clean 
Election Act candidates. 
The candidate must already be certified 
as a Maine Clean Election Act candidate for the general election 
and file a letter of intent with the Commission on Governmental 
Ethics and Election Practices after certification for the general 
election to become certified as 
a 
candidate for 
a 
leadership 
position. 
A certified candidate for a leadership position in the 
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Legislature receives $1,000 for a candidate for State Senator and 
$3, 000 for a candidate for State Representative. 
A Maine Clean 
Election Act candidate who 
receives funds 
to campaign for 
a 
leadership position may not accept or expend any other funds for 
that election. 
This bill prohibits a Maine Clean Election Act 
candidate for State Senator or State Representative from serving 
as an officer or having control over a political action committee 
that contributes to a 
campaign in the State. 
This bill also 
requires candidates for leadership positions to register with the 
Commission on Governmental Ethics and Election Practices within 3 
days of becoming a candidate for the leadership position and to 
submit reports to the commission as required by rules adopted by 
the commission .