An Act To Limit Corporate Influence Over the Political Process
Maine Legislature, Session 122, LD 1495
Committee: Legal and Veterans Affairs
Sponsors: DUDLEY, BROMLEY, BRYANT, DUPLESSIE, FAIRCLOTH, PINGREE, TWOMEY, WEBSTER, EDMONDS
Amends: 13-C MRSA §102

Legislative Document 
No. 1495 
H.P.1052 
House of Representatives, March 28, 2005 
An Act To Limit Corporate Influence Over the Political Process 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by Senator BROMLEY of Cumberland and 
'I1J~ 1/1. 7llD£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRYANT of Windham, DUPLESSIE of Westbrook, FAIRCLOTH of 
Bangor, PINGREE of North Haven, TWOMEY of Biddeford, WEBSTER of Freeport, 
Senator: President EDMONDS of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 13-C MRSA §102, sub-§2-B is enacted to read: 
2-D. 
COJl'lllercial cOJl'lllunication. 
"Commercial communication" 
means expression that is related to the presentation or sale of a 
product or service or other commercial transaction. 
Sec. 2. 13-C MRSA §102, sub-§11, as enacted by PL 2001, c. 
640, Pt. A, §2 and affected by Pt. B, §7, is amended to read: 
11. 
Entity. 
"Entity" 
includes 
a 
domestic 
or 
foreign 
business 
corporation: 
a 
domestic 
or 
foreign 
nonprofit 
corporation: an estate: a partnership: a trust: 2 or more persons 
having a joint or common economic interest; a domestic or foreign 
unincorporated entity: a municipal corporation and all agencies 
of a municipal corporation: a state and all agencies of a state: 
the United States and all agencies of the United States: aRs a 
foreign government and all agencies of a foreign government; an 
association; an organization: a trustee; a trustee in bankruptcy: 
a receiver: and any other legal representative. 
Sec. 3. 13-C MRSA §102, sub-§28, as enacted by PL 2001, c. 
640, Pt. A, §2 and affected by Pt. B, §7, is amended to read: 
28. 
Person. 
"Person" 
iReJ:\iSeS ~ 
an individual aRs-,-
"Person" does not include an entity. 
Sec.4. 13-C MRS A §102, sub-§28-A is enacted to read: 
28-A. 
Political speech or activity. 
"Political speech or 
actiyity" 
means 
speech 
or 
activity 
that 
is 
not 
commercial 
communication. 
Sec. 5. 13.CMRSA§105, as enacted by PL 2001, c. 640, Pt. A, 
§2 and affected by Pt. 
B, 
§7, is repealed and the following 
enacted in its place: 
§105. 
Reseryation of pover 
Notwithstanding any law to the contrary, the Legislature may 
amend or repeal all or part of this Act and any other act 
relating to domestic and foreign corporations passed on or after 
March 17, 1831 in the same manner as if an express provision to 
that 
effect 
were 
contained 
in 
the 
act, 
the 
articles 
of 
incorporation of a domestic corporation or the application for 
authority to transact business of a foreign corporation. 
All 
domestic 
and 
foreign 
corporations 
subject 
to 
this 
Act 
are 
governed by the amendment or repeal. 
Sec. 6. 13-C MRSA §§106, 107 and 108 are enacted to read: 
§l06. 
Corporation speech rights 
1. 
Engage in commercial cOllUlunication. 
A corporation may 
engage in commercial communication and hire, retain and contract 
with 
3rd parties 
to assist 
the 
corporation in engaging 
in 
commercial communication. 
2. 
Engage in political speech or activity. 
Notwithstanding 
any 
law 
to 
the 
contrary, 
a 
corporation 
may 
not 
make 
a 
contribution 
or 
expenditure 
to 
finance 
political 
speech 
or 
activity, including the hiring of 3rd parties and the payment for 
political advertising in any form; 
however, 
a corporation may 
make 
a 
contribution 
or 
expenditure 
to 
pay 
the 
salary 
and 
reasonable travel expenses of employees, officers or directors of 
the corporation while those persons are engaging in political 
speech 
or 
activity, 
includinq writinq 
print 
and 
electronic 
editorials, 
articles or letters to the editor, 
appearing at 
hearings, 
interviews, meetings or any other public event and 
expressing views, either individually or as representatives of 
the corporation. 
As 
used 
in 
this 
subsection, 
"contribution 
or 
expenditure" 
includes 
any direct or indirect payment, 
distribution, 
loan, 
advance, deposit or gift of money or any serVices or anythinq of 
value but does not include: 
A. 
Communications by a corporation to its stockholders and 
executive or administrative personnel and their families; 
B. 
Nonpartisan registration and so-called "get out the 
vote" campaigns by a corporation aimed at its stockholders 
and 
executive 
or 
administrative 
personnel 
and 
their 
families; or 
C. 
The establishment or administration of, or solicitation 
of contributions to, a separate segregated fund to be used 
for political purposes by the corporation. 
§l07. 
Other corporation rights 
In addition to 
the 
rights specified in section 106, 
a 
corporation has the following 
rights: 
1. 
Petition. 
To petition the government for a redress of 
grievances; 
• 
Secure in property. 
To 
be secure in its property, 
papers and effects; 
3. 
Search 
and 
seizure. 
To 
be 
protected 
against 
unreasonable search and seizure; 
4. 
Warrants. 
To 
have 
no 
warrants 
issued 
except 
upon 
probable cause, supported by oath or affirmation and particularly 
describing the place to be searched and the persons or things to 
be seized; 
5. 
Due process of la1f. 
To not be deprived of property 
without due process of law; 
6. 
Just 
compensation. 
To 
not 
have 
the 
corporation's 
private property taken for public use without just compensation; 
and 
7. 
Equal protection. 
To equal protection as compared to 
other business corporations but not as compared to a person or 
other entity. 
SlOB. Other entity rights 
An 
entity, 
other 
than 
a 
domestic 
or 
foreign 
business 
corporation, has the same rights as a person. 
Sec. 7. Review of use of "person." 
The Joint Standing Committee 
on Judiciary shall review the use of the term "person" throughout 
the Maine Revised Statutes, Title 13-C to ensure consistency of 
the use of that term with this Act. 
The committee shall report 
out by January 15, 2006 any legislation necessary to carry out 
the intent of this Act. 
SUMMARY 
This bill changes the definition of "person" for purposes of 
the Maine Business Corporation Act to specify that "person" means 
a 
natural person and not an entity such as 
a 
corporation, 
a 
state, the United States or a foreign government. 
The purpose of 
this 
change 
is 
to 
prohibit 
a 
corporation 
from 
engaging 
in 
political speech or activity using funds 
of the corporation, 
unless those 
funds 
are 
from 
a 
segregated account established 
specifically for 
the 
purpose 
of 
funding political 
speech or 
activity.