An Act To Improve the Campaign Finance Laws and Their Administration
Maine Legislature, Session 123, LD 2070
Committee Amendment CA_A_H824 (House)
Amends: 1 MRSA §1002, 21-A MRSA §1003, 21-A MRSA §1122

COMMITTEE AMENDMENT "A "to H.P. 1454, L.D. 2070, Bill, "An Act To 
Improve the Campaign Finance Laws and Their Administration" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, legislation enacted during the First Regular Session of the 123rd 
Legislature created an error in statute regarding qualifYing contributions under the Maine 
Clean Election Act; and 
Whereas, proper oversight of the collection of qualifYing contributions is necessary 
to ensure appropriate distribution of taxpayer funds under the Maine Clean Election Act; 
and 
Whereas, the 2008 election cycle for candidates for the 1 24th Legislature is already 
underway; 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, ' 
Amend the bill by striking out all of sections 2 and 3 (page 1, lines 14 to 39 and page 
2, lines 1 and 2 in L.D.) and inserting the following: 
'Sec. 2. 1 MRSA §1002, sub-§2-A is enacted to read: 
2-A. Conflict of interest. This subsection governs conflicts of interest of members 
of the commission. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1454, L.D. 2070 
A. A member of the commission has a conflict of interest in a matter before the 
commission if the member has a business or close political relationship with a party 
to the matter. A close political relationship exists when a member has significant past 
or ongoing involvement with a political committee or a candidate, as defined in Title 
21-A, section 1, subsection 30 and subsection 5, respectively, or other organization 
involved in the matter, that would lead a reasonable person to believe that the 
member is unable to objectively consider the matter. A close political relationship is 
not created by making a contribution to a political committee, organization or 
candidate; party enrollment status; or mere membership in an organization involved 
in the matter. 
II 
B. If members of the commission have a conflict of interest in a matter before the 
commission, the members shall recuse themselves from the matter and may not vote 
on or attempt to influence the outcome of the matter. Whether or not recusal is 
required under this paragraph, members of the commission shall consider recusing 
themselves from any matter that would give rise to an appearance of a conflict of 
interest. 
Sec. 3. 1 MRSA §1002, sub-§2-B is enacted to read: 
2-B. Annual disclosure statement. Each member shall file a disclosure statement 
with the executive director of the commission by February 15th of each year, which must 
include: 
A. The names of and the positions held in all candidate committees, political action 
committees, ballot question committees and party committees of which the member 
or the member's spouse or domestic partner was an officer, director or primary 
decision maker or fund raiser during the previous calendar year; 
B. The names of and positions held in all nonprofit or commercial organizations of 
which the member or the member's spouse or domestic partner was an owner, officer, 
director or primary decision maker or fund raiser that, during the previous calendar 
year, made expenditures of more than $1,500 to influence an election or employed a 
lobbyist who was required to register with the commission; and 
C. Any additional information that the commission determines appropriate. 
A member shall notifr the executive director if the member becomes an officer, director, 
employee or primary decision maker or fund raiser of a party committee, political action 
committee, ballot question committee or candidate committee within 21 days of the 
event.' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 1 MRSA §1002, sub-§7 is enacted to read: 
7. Removal of members. A member of the commission may be removed by the 
Governor for inefficiency, willful neglect of duty, malfeasance in office, engaging in 
prohibited activities or failure to continually meet the qualifications set out by this section 
or to comply with the disclosure requirements, but only with the review and concurrence 
of the joint standing committee of the Legislature having jurisdiction over election 
practices and legislative ethics upon hearing in executive session, or impeachment by the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,~ .. to H.P. 1454, L.D. 2070 
Legislature. Before removing a board member, the Governor shall notify the President of 
the Senate and the Speaker of the House of Representatives of the removal and the 
reasons for the removal.' 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec.5. 21-A MRSA §1003, sub-§3-A is enacted to read: 
3-A. Confidential records. Investigative working papers of the commission are 
confidential and may not be disclosed to any person except the members and staff of the 
commission, the subject of the audit or investigation, other entities as necessary for the 
conduct of an audit or investigation and law enforcement and other agencies for purposes 
of reporting, investigating or prosecuting a criminal or civil violation. For purposes of 
this subsection, "investigative working papers" means documents, records and other 
printed or electronic infonnation in the following limited categories that are acquired, 
prepared or maintained by the commission during the conduct of an investigation or 
audit: 
A. Financial information not nonnally available to the public; 
B. Information belonging to a party committee, political action committee, ballot 
question committee, candidate or candidate's authorized committee that, if disclosed, 
would reveal sensitive political or campaign information; 
C. Information or records subject to a privilege against discovery or use as evidence; 
and 
D. Intra-agency or interagency communications related to an audit or investigation. 
The commission may disclose investigative working papers, except for the information or 
records subject to a privilege against discovery or use as evidence, in a final audit or 
investigation report or determination if the infonnation or record is materially relevant to 
a finding of fact or violation.' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 21-A MRSA §1122, sub-§9, as amended by PL 2007, c. 443, Pt. B, §3, 
is further amended to read: 
9. Seed money contribution. "Seed money contribution" means a contribution of 
no more than $100 per individual made to a participating candidate, including the 
candidate or the candidate's spouse or domestic partner.' 
Amend the bill in section 9 in subsection 3 in the next to last paragraph by striking 
out the last sentence (page 4, lines 18 to 22 in L.D.) and inserting the following: 'Records 
containing infonnation provided by individuals who have made qualifying contributions 
over the Internet are confidential, except for the name of the individual making the 
contribution, the date of the contribution, the individual's residential address and the name 
and office sought of the candidate in whose support the contribution was made.' 
Amend the bill by adding before the summary the following: 
COMMITTEE AMENDMENT 
,,"c 
COMMITTEE AMENDMENT "A " 
to H.P. 1454, L.D. 2070 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds language requiring disclosure statements from members of the 
Commission on Governmental Ethics and Election Practices and clarifies a process 
established in the bill for the removal of members from the commission. The amendment 
strikes language regarding complaints alleging conflict of interest on behalf of members 
of the Commission on Governmental Ethics and Election Practices. The amendment 
clarifies the portions of the bill that create an exception to the law governing public 
records to narrow its scope. Finally, the amendment corrects an error in existing law 
regarding seed money contributions under the Maine Clean Election Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/17/08 p/ae. 
LD 2070 
LR 3164(02) 
An Act To Improve the Campaign Finance Laws and Their Administration 
Fiscal Note for Bill as Amended by Committee Amendment ,,4 " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Commission on Governmental Ethics and Elections Practices can be absorbed within existing 
budgeted resources. 
LR3164(02) - Fiscal Note - Page I of I