An Act To Reform and Simplify the Clean Election Process
Maine Legislature, Session 123, LD 1680
Committee: Legal and Veterans Affairs
Sponsors: MILLS
Amends: 21-A MRSA §1014, 21-A MRSA §1019-B, 21-A MRSA §1122, 21-A MRSA §1125, 21-A MRSA §1

Legislative Document 
No. 1680 
S.P.586 
March 22, 2007 
An Act To Reform and Simplify the Clean Election Process 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §1014, sub-§2-A, as enacted by PL 2005, c. 301, §II, is 
amended to read: 
2-A. Communication. If a person makes an expenditure for a communication that 
names or depicts a clearly identified candidate and that is disseminated during the M 42 
days before an election through the media described in subsection I, the communication 
must state the name and address of the person who made or financed the communication 
and a statement that the communication was or was not authorized by the candidate. 
Sec. 2. 21-A MRSA §1019-B, sub-§l, ~, as enacted by PL 2003, c. 448, §3, is 
amended to read: 
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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 M 42 days, including election 
day, before a primary election; the M 42 days, including election day, before a 
general election; or during a special election until and on election day. 
Sec. 3. 21-A MRSA §1122, sub-§7, as enacted by IB 1995, c. I, § 17, is amended 
to read: 
7. Qualifying contribution. "Qualifying contribution" means a donation: 
A. Of between $5 iH tRe feffil of a cReck or a ffioRey order pa)'able to tRe fURd and 
$40 in support of a candidate; 
B. 
Made by a registered voter within the electoral division for the office a the 
candidate is seeking; 
C. Made during the designated qualifying period and obtained with the knowledge 
and approval of the candidate; aI*i 
D. That is acknowledged b)' a writteR reoeipt on a form prescribed and prepared by 
the commission that ideRtifies contains the name aI*i~ address and signature of the 
donor OR feffils provided by tRe oommissioR. and a statement that the donation came 
from the donor's own funds; and 
E. Made by a registered voter who has made no other contribution to a candidate for 
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the same office. 
Sec. 4. 21-A MRSA §1122, sub-§8, as amended by PL 2001, c. 465, §3, is 
further amended to read: 
8. Qualifying period. "Qualifying period" means the fellO't'liRg.period of time from: 
A. 
for B glibematorial partioipatiRg oaHdidate, tRe qlialifyiRg period begiRs 
November I st immediately preceding the election year BRd eRds at to 5:00 p.m. on 
April 15th of the election year unless the candidate is unenrolled, in which case the 
period ends at 5:00 p.m. on June 2nd of the election year. 
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B. 
For 8tate 8enate or 8tate House of Representatives participating candidates, the 
qualifying period begins January 1 st of the election year and ends at 5 :00 p.m. on 
April 15th of that election year unless the candidate is unenrolled, in which case the 
period ends at 5:00 p.m. on June 2nd of the election year. 
Sec. 5. 21-A MRSA §1122, sub-§9, as amended by PL 2005, c. 301, §28, is 
repealed. 
Sec. 6. 21-A MRSA §1125, sub-§2, as enacted by IB 1995, c. 1, § 17, is repealed. 
Sec. 7. 21-A MRSA §1125, sub-§2-A is enacted to read: 
2-A. Restrictions on contributions for participating candidates. Subsequent to 
becoming a candidate as defined by section 1, subsection 5 and prior to certification as a 
Maine Clean Election Act candidate, a participating candidate may not accept 
contributions other than qualifying contributions. Prior to certification, a candidate may 
obligate an amount greater than the qualifying contributions collected if the value of the 
goods and services received from a vendor does not exceed the amount paid to the 
vendor. No revenue from the fund may be used, promised, pledged or applied toward the 
collection of qualifying contributions. 
A candidate may not collect or spend 
contributions after certification as a Maine Clean Election Act candidate except as 
authorized by the commission under subsection 13. All contributions must be reported 
according to procedures developed by the commission. 
Sec. 8. 21-A MRSA §1125, sub-§3, as amended by PL 2001, c. 465, §4, IS 
further amended to read: 
3. 
Qualifying contributions. 
Participating candidates must obtain qualifying 
contributions during the qualifying period as follows: 
A. 
For a gubernatorial candidate, at least 2,500 verified registered voters of this 
8tate must support the candidac)' b)' providing a qualifying contribution to that 
candidate; 
B. 
For a candidate for the State Senate, at least 150 verified registered voters from 
the candidate's electoral division must support the candidacy by providing a 
qualifying contribution to that candidate; or 
C. 
For a candidate for the 8tate House of Representatives, at least 50 '/erified 
registered voters from the candidate's electoral division must Stipport the candidacy 
by providing a qtialifYing contribtition to that candidate. 
Minimum number of 
Total sum required to 
contributors 
qualify 
For State House of 
$500 
Representatives 
For State Senate 
$1,500 
For Governor 
2,500 
$25,000 
Qualifying contributions may be in the form of cash or money orders made payable to the 
candidate and may be expended by a participating candidate for campaign-related 
purposes during the period that the candidate is seeking certification as a Maine Clean 
Election Act candidate. 
A payment, gift or anything of value may not be given in exchange for a qualifying 
contribution. A candidate mB:)' PB:)' tHe fee for a money order in tHe amol:lnt of $5, WHiCH 
is a ql:laiifying contribl:ltion, as long as the donor making the ql:lalifying contribl:ltion pays 
the $5 amol:lnt reflected on the money order. 
Any money order fees paid by a 
participating candidate ml:lst be paid for with seed money and reported in accordance with 
commission FI:Iles. 
Sec. 9. 21-A MRSA §1125, sub-§4, as enacted by IB 1995, c. 1, § 17, is amended 
to read: 
4. 
Filing with commission. 
A participating candidate must submit donor 
acknowledgments for all qualifying contributions as defined in section 1122, subsection 7 
to the commission during the qualifying period according to procedures developed by the 
commission, except as provided under subsection 11. 
Sec. 10. 21-A MRSA §1125, sub-§5, as amended by PL 2005, c. 301, §30, is 
further amended to read: 
5. Certification of Maine Clean Election Act candidates. Upon receipt of a final 
submittal of acknowledgements for all 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. 
Sl:Ibmitted Collected the appropriate number and amount of valid qualifying 
contributions; 
C. Qualified as a candidate by petition or other means; 
O. Not accepted contribl:ltions, Accepted no contributions except for seed money 
qualifying contributions, and otherwise complied with seed money restrictions under 
this chapter; 
0-1. Not run for the same office as a nonparticipating candidate in a primary election 
in the same election year; and 
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 ml:lst transfer to the fl:lnd any I:Inspent seed money 
contribl:ltions. 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 ofthis chapter. 
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Sec. 11. 21-A MRSA §1125, suh-§6, as amended by PL 2005, c. 542, §3, 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 unspent qualitying contributions and 
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 a certified candidate from 
the fund and unspent qualitying contributions must be used for campaign-related 
purposes as defined by the commission. The candidate, the treasurer, the candidate's 
committee authorized pursuant to section 10 13-A, subsection I or any agent of the 
candidate and committee may not use these revenues for any but campaign-related 
purposes. 
The commissioH shall publish guideliHes outliHiHg permissible campaigH 
related expenditures. 
Sec. 12. 21-A MRSA §1125, suh-§8, as amended by PL 2003, c. 688, Pt. A, §21, 
is further amended to read: 
8. Amount of fund distribution. By July 1, 1999 of the effective date of this Act, 
aH4-at At least every 4 years after that date, the commission shall determine the amount 
of funds to be distributed to participating candidates based on the type of election and 
office as follows described in this section. Each initial distribution must be reduced by an 
amount equal to 50% of the amount of qualitying contributions collected by a 
participating candidate. 
A. 
For contested legislative primary elections, the amount of revenues to be 
distributed is the average amount of campaign expenditures made by each candidate 
during all contested primary election races for the immediately preceding 2 primary 
elections, as reported in the initial filing period subsequent to the primary election, 
for the respective offices of State Senate and State House of Representatives. 
B. For uncontested legislative primary elections, the amount of revenues distributed 
is the average amount of campaign expenditures made by each candidate during all 
uncontested primary election races for the immediately preceding 2 primary 
elections, as reported in the initial filing period subsequent to the primary election, 
for the respective offices of State Senate and State House of Representatives. 
C. For contested legislative general elections, the amount of revenues distributed is 
the average amount of campaign expenditures made by each candidate during all 
contested general election races for the immediately preceding 2 general elections, as 
reported in the initial filing period subsequent to the general election, for the 
respective offices of State Senate and State House of Representatives. 
D. 
For uncontested legislative general elections, the amount of revenues to be 
distributed from the fund is 40% of the amount distributed to a participating 
candidate in a contested general election. 
E. For contested gubernatorial primary elections, the amount of revenues distributed 
is $200,000 per candidate in the primary election. 
F. 
For gubernatorial general elections, the amount of revenues distributed is 
$400,000 per candidate in the general election. 
If the immediately preceding election cycles do not contain sufficient electoral data, the 
commission shall use information from the most recent applicable elections. 
Sec. 13. 21-A MRSA §1125, sub-§9, as repealed and replaced by 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 
19-B, exceeds the distribution amount under subsection 8, the commission shall issue 
immediately to any opposing Maine Clean Election Act candidate or privately supported 
candidate who meets the requirements of subsection 9-A an additional amount equivalent 
to the reported excess. Matching funds are limited to 2 times the amount originally 
distributed under subsection 8, paragraph A, C, E or F, whichever is applicable. 
Sec. 14. 21-A MRSA §1125, sub-§9-A is enacted to read: 
9-A. Private funding option. Prior to April 15th of an election year, a candidate 
whose campaign is supported by private contributions may request distribution of 
matching funds as provided in subsection 9 for certified Maine Clean Election Act 
candidates after completing an application on forms provided by the commission. The 
commission shall issue matching funds to the candidate if that candidate agrees to limit 
contributions received and expenditures made in support of that candidate's election to an 
amount not greater than the initial distribution amount as provided in subsection 8 to a 
certified Maine Clean Election Act candidate seeking election to the same office. If the 
candidate meets the requirements described in this section, that candidate is entitled to 
matching funds in the manner prescribed in subsection 9. If the commission determines 
that the candidate has received contributions or made expenditures in violation of this 
section, that candidate is subject to the penalties prescribed in section 1127. 
Sec. 15. 21-A MRSA §1l25, sub-§10, as amended by PL 2001, c. 465, §6, is 
further amended to read: 
10. Candidate not enrolled in a party. An unenrolled candidate certified by April 
15th preceding the primary election is eligible for revenl:les from tAe fund in the same 
amounts and at the same time as an I:Incontested primary election candidate and a general 
election candidate as specified in sl:lbsections 7 and 8. For an I:Inenrolled candidate not 
certified by April 15th at 5:00 p.m. the deadline for filing on the basis of qualifying 
contributions is on acknowledgements duly filed by 5:00 p.m. on June 2nd preceding the 
general election. 
An unenrolled candidate certified after April 15th at 5 :00 p.m. is 
eligible for revenues from the fund in the same amol:lnts as equal to 40% of the amount 
distributed to a general election candidate, as specified in subsections 7 and 8. 
An 
unenrolled candidate who qualifies by timely submission of acknowledgements recording 
at least the minimum amount of contributions and, in addition, a number of contributors 
that equals or exceeds 160% of the minimum number required by subsection 3 is eligible 
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for revenues from the fund equal to the amount distributed to a general election 
candidate. 
Sec. 16. 21-A MRSA §1125, sub-§13, as enacted by IB 1995, c. 1, §17, IS 
amended to read: 
13. 
Distributions not to exceed amount in fund. 
The commission may not 
distribute revenues to certified candidates in excess of the total amount of money 
deposited in the fund as set forth in section 1124. Notwithstanding any other provisions 
of this chapter, if the commission determines that the revenues in the fund are insufficient 
to meet distributions under subsections 8 or 9, the commission may permit certified 
candidates to accept and spend contributions, reduced by any seed money contributions, 
aggregating no more than $500 per donor per election for gubernatorial candidates and 
$250 per donor per election for State Senate and State House candidates, up to the 
applicable amounts set forth in subsections 8 and 9 according to rules adopted by the 
commission. 
Sec. 17. 21-A MRSA §1125, sub-§14, as amended by PL 2005, c. 301, §32, is 
further amended to read: 
14. Appeals. A participating candidate who has accepted contributions or made 
expenditures that do not comply with the restrictions under this chapter may petition the 
commission to remain eligible for certification as a Maine Clean Election Act candidate 
in accordance with rules ofthe commission if the failure to comply was unintentional and 
does not constitute a significant infraction of these restrictions. A candidate who has 
been denied certification as a Maine Clean Election Act candidate, 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 7 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 0 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. 
SUMMARY 
This bill amends the Maine Clean Election Act by combining seed money and 
qualifying contributions into one qualifying system. Rather than seed money, a candidate 
would be able to spend qualifying contributions prior to certification as a Maine Clean 
Election Act candidate. Qualifying contributions, which may be made by either cash or 
money order under this bill, are defined as any amount between $5 and $40 payable to the 
candidate or the campaign and must come from the candidate's district. To be certified as 
a Maine Clean Election Act candidate, the candidate must raise qualifying contributions 
in numbers and amounts as follows: 
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For House: 
For Senate: 
For Governor: 
Minimum Number of 
contributors 
2,500 
Total 
sum 
required 
to 
qualify 
$500 
$1,500 
$25,000 
The number of required contributors remains the same as in present law, but the 
minimum amount of money required is doubled from $5 per check to what would be an 
average of $10 if only the minimum number were obtained. Each $5 contribution still 
counts and contributions up to $40 are acceptable. Instead of turning checks in to the 
commission, this bill provides that candidates submit an acknowledgment receipt signed 
by each contributor as evidence of the payment and support. 
Under this bill, initial distributions from the Maine Clean Election Fund to a 
candidate certified as a Maine Clean Election Act candidate are reduced by one-half of 
the qualifying contributions collected. Under this bill, the qualifying period would begin 
on November I st of the year prior to an election year for candidates for all offices. 
Current law provides that November I st is the beginning of the qualifying period for just 
gubernatorial candidates. The bill repeals a provision that presently allows an unenrolled 
candidate to receive a distribution equal to a primary or general election campaign 
distributions in uncontested races if the candidate qualifies before April 15th. 
For unenrolled candidates, distributions are set at 40% of those available to a party 
candidate unless the unenrolled candidate obtains a number of contributors equal to 160% 
of those required for a party candidate. The total dollar sum of contributions required by 
current law remains the same for party and for unenrolled candidates under this bill. 
This bill prohibits a registered voter from making a qualifying contribution to more 
than one candidate for the same office. This bill removes a provision that permits a 
candidate to pay the fee for money orders to be used as qualifying contributions since it 
provides for the authorization of cash transactions for qualifying contributions. The bill 
provides that no revenue from the Maine Clean Election Fund may be pledged or applied 
to the collection of qualifying contributions. 
This bill expands from 21 days to 42 days the period before an election in which a 
paid communication is deemed to be an independent expenditure if it clearly identifies a 
candidate on the ballot. 
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The bill also adds a private funding option for candidates. Before April 15th of an 
election year, a candidate whose campaign is supported by private contributions may 
request that the Commission on Governmental Ethics and Election Practices provide 
matching fund protections of the Maine Clean Election Act if the candidate agrees to 
limit and does, in fact, limit campaign contributions and expenditures to the amount that 
would be authorized for distribution to the candidate if the candidate were qualified as a 
Maine Clean Election Act candidate. A candidate making such an election is entitled to 
public matching funds in the same manner as a qualified Maine Clean Election Act 
candidate. 
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