An Act To Improve the Clean Election Laws
Maine Legislature, Session 122, LD 1207
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, TUTTLE, MAYO
Amends: 21-A MRSA §1122, 21-A MRSA §1125

Legislative Document 
~o. 1207 
S.P.421 
In Senate. ~Iarch 10. 2005 
An Act To Improve the Clean Election Laws 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator GAGNON of Kennebec. 
Cosponsored by Representative TUTTLE of Sanford and 
Senator: MAYO of Sagadahoc. 
JOY J. O'BRIE\: 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §1122. sub-§7, 1fA. as enacted by IB 1995, c. 
1, §17, is amended to read: 
A. 
Of $5 in the form of a check or a money order payable to 
the 
t~na--~&-~~--~--a candidate if the donor writes 
"Maine Clean Election Act donation" on the face of the check; 
Sec. 2. 21-A MRSA §1125, sub-§4, as enacted by IB 1995, c. l, 
§17, is amended to read: 
4. 
Filing with commission. 
A participating candidate must 
submi t 
to 
the 
commission 
an 
accounting 
of 
all 
qualifying 
contributions 
~ 
to 
the 
eeffiffiissien 
candidate 
during 
the 
qualifying 
period 
according 
to 
procedures 
developed 
by 
the 
commission, except as provided under subsection 11. 
Sec. 3. 21-A MRSA §1125, sub-§5. as amended by PL 
2003, c. 
270, §§l and 2, is further amended to read: 
5. 
Certification of Maine Clean Election Act candidates. 
Upon receipt of a final submittal of the accounting of qualifying 
contributions 
pursuant 
to 
subsection 
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 an accounting of the appropriate number of 
valid qualifying contributions; 
C. 
Qualified as a candidate by petition or other means; 
D. 
Not 
accepted 
contributions, 
except 
for 
seed 
money 
contributions 
or 
qualifying contributions, 
and 
otherwise 
complied 
with 
seed 
money 
and 
qualifying 
contribution 
restrictions; 
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 
Page l-LRl016(1) 
candidate as soon as possible and no later than 3 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. 4. 21·A MRSA §1125, sub·§7. as amended by PL 
2001, c. 
465, §4, is further amended to read: 
7. 
Timing of 
fund 
distribution. 
The 
commission 
shall 
distribute to certified candidates 
revenues 
from the 
fund in 
amounts determined under subsection 8 in the following manner. 
.~O 
.16 
A. 
Within 
days 
after 
certification, 
for 
candidates 
certified prior to March 15th of the election year, revenues 
from the fund must be distributed as if the candidates are 
in an uncontested primary election. 
B. 
Within 3 days after certification, for all candidates 
certified between March 15th and April 15th of the election 
year, revenues from the fund must be distributed according 
to whether the candidate is in a contested or uncontested 
primary election. 
B-1. 
For 
candidates 
in 
contested 
primary 
elections 
receiving 
a 
distribution 
under 
paragraph 
A, 
additional 
revenues from the fund must be distributed within 3 days of 
March 15th of the election year. 
C. 
Within 
days after the primary election results are 
certified, 
for 
general 
election 
certified 
candidates, 
revenues 
from 
the 
fund must be distributed according to 
whether 
the 
candidate is in 
a 
contested or uncontested 
general election. 
Funds 
may 
be distributed to certified candidates 
under 
this 
section 
by 
any 
mechanism 
that 
is 
expeditious, 
ensures 
accountability and safeguards the integrity of the fund. 
'ID~ 
amount of funds to be distributed to a candidate pursuant to this 
~ction must be reduced by tile amount of funds received in 
gualifying contributions received by the candidate. 
4(' 
SUMMARY 
This bill requires donors to make qualifying contributions 
under the Maine Clean Election Act directly to the candidate, the 
amount of which must be deducted from the clean election funds 
distributed to the candidate.