An Act Regarding Campaign Finance Reporting and the Maine Clean Election Act April 12,2007
Maine Legislature, Session 123, LD 1854
Committee: Legal and Veterans Affairs
Amends: 21-A MRSA §1012, 21-A MRSA §1015, 21-A MRSA §1015-A, 21-A MRSA §1017, 21-A MRSA §1017-A, 21-A MRSA §1017-B, 21-A MRSA §1018, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 21-A MRSA §1051, 21-A MRSA §1052, 21-A MRSA §1053, 21-A MRSA §1054, 21-A MRSA §1055, 21-A MRSA §1057, 21-A MRSA §1059, 21-A MRSA §1060, 21-A MRSA §1061, 21-A MRSA §1062-A, 21-A MRSA §1122, 21-A MRSA §1124, 21-A MRSA §112

Legislative Document 
No. 1854 
S.P.668 
An Act Regarding Campaign Finance Reporting and the Maine 
Clean Election Act 
April 12,2007 
Reported by Senator MARRACHE of Kennebec for the Commission on Governmental 
Ethics and Election Practices pursuant to the Maine Revised Statutes, Title 1, section 1 009. 
Received by the Secretary of the Senate on April 11, 2007. Referred to the Committee on 
Legal and Veterans Affairs pursuant to Joint Rille 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Printed 011 m:ycled popel" 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-l. 21-A MRSA §l, sub-§13-A, is enacted to read: 
13-A. Domestic partner. "Domestic partner" means one of 2 unmarried adults who 
are domiciled together under long-term arrangements that evidence a commitment to 
remain responsible indefinitely for each other's welfare. 
Sec. A-2. 21-A MRSA §lOOl, sub-§3, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
3. Person. "Person" means an individual, committee, firm, partnership, corporation, 
association, group or organization. 
Sec. A-3. 21-A MRS A §l002, as repealed and replaced by PL 2001, c. 667, Pt. A, 
§43, is amended to read: 
§ 1 002. Meetings of commission 
The commission shall meet in Augusta for the purposes of this chapter at least once 
per month in any year in which primary and general elections are held and every 2 weeks 
in the 60 days preceding an election. In the 28 days preceding an eJection, the 
commission shall meet in Augusta within one calendar day of the filing of any complaint 
or question with the commission. Agenda items in the 28 days preceding an election 
must be decided within 24 hours of the filing unless all parties involved agree otherwise. 
Meetings may be held over the telephone if necessary, as long as the commission office 
remains open for attendance by complainants, witnesses and other members of the public. 
Notwithstanding Title 1, chapter l3, telephone meetings of the commission are permitted 
only during the 28 days prior to an election when the commission is required to meet 
within 24 hours of the filing of any complaint or question with the commission. The 
commission office must be open with adequate staff resources available to respond to 
inquiries and receive complaints from.g 8:00 a.m. until at least 5:30 p.m. on the Saturday, 
Sunday and Monday immediately preceding an election and from 8 a.m. until at least 8 
p.m. on eleotion day. The commission shall meet at other times on the call of the Speaker 
of the House, the President of the Senate, the chair or a majority of the members of the 
commission, as long as all members are notified of the time, place and purpose of the 
meeting at least 24 hours in advance. 
Sec. A-4. 21-A MRS A §lOOt-A, last~, as enacted by PL 2003, c. 628, Pt. A, § 1, 
is amended to read: 
When the commission has reason to believe that a violation has occurred, the 
commission shall provide written notice to the candidate, party committee, political 
action committee, committee treasurer or other respondent and shall afford them an 
opportunity to appear before the commission before assessing any penalty. 
In 
determining any penalty under subsections 3, 4 and 5, the commission shall consider, 
among other things, the level of intent to mislead, the penalty necessary to deter similar 
Page I - 123LR2532(Ol)-1 
misconduct in the future and the hann suffered by the public from the incorrect 
disclosure. 
Sec. A-S. 21-A MRSA §1012, sub-§2, ~, as amended by PL 2005, c. 301, §7, 
is further amended to read: 
B. Does not include: 
(1) The value of services provided without compensation by individuals who 
volunteer a portion or all of their time on behalf of a candidate or political 
committee; 
(2) The use of real or personal property and the cost of invitations, food and 
beverages, voluntarily provided by an individual to a candidate in rendering 
voluntary personal services for candidate-related activities, if the cumulative 
value of these activities by the individual on behalf of any candidate does not 
exceed $100 with respect to any election; 
(3) The sale of any food or beverage by a vendor for use in a candidate's 
campaign at a charge less than the nonnal comparable charge, if the charge to the 
candidate is at least equal to the cost of the food or beverages to the vendor and if . 
the cumulative value of the food or beverages does not exceed $100 with respect 
to any election; 
(4) Any unreimbursed travel expenses incurred and paid for by an individual 
who volunteers personal services to a candidate, if the cumulative amount of 
these expenses does not exceed $100 with respect to any election; 
(4-A) Any unreimbursed campaign-related travel expenses incurred and paid for 
by the candidate or the candidate's spouse or domestic partner; 
(5) The payment by a party's state, district, county or municipal committee of the 
costs of preparation, display or mailing or other distribution of a party candidate 
listing; 
(6) Documents, in printed or electronic fonn, including party platfonns, single 
copies of issue papers, information pertaining to the requirements of this Title, 
lists of registered voters and voter identification infonnation, created, obtained or 
maintained by a political party for the general purpose of party building and 
provided to a candidate who is a member of that party; 
(7) Compensation paid by a flolitieal state party committee to aa efRflloyee of 
that flarty its employees for the following purposes: 
(a) Providing ati¥iee no more than a total of 20 hours of assistance from its 
employees to aay oae ~ candidate for a flerios of ao fRore thaa 20 hOQfs in 
any election; 
(b) Recruiting and overseeing volunteers for campaign activities involving 3 
or more candidates; or 
(c) Coordinating campaign events involving 3 or more candidates; 
(8) Campaign training sessions provided to 3 or more candidates; 
(8-A) Costs paid for by a party committee in connection with a campaign event 
at which 3 or more candidates are present; 
(8-B) 
Wood or other materials used for political signs that are found or 
contributed if not originally obtained by the candidate or contributor for 
campaign purposes; 
(8-C) The use or distribution of any communication, as described in section 
1014, obtained by the candidate for a previous election and fully paid for during 
that election; 
(9) The use of offices, telephones, computers and similar equipment when that 
lOuse does not result in additional cost to the provider; or 
(10) Activity or communication designed to encourage individuals to register to 
vote or to vote if that activity or communication does not mention a clearly 
identified candidate. 
Sec. A-6. 21-A MRSA §1012, sub-§3, ~B, as amended by PL 2005, c. 301, §8, 
is further amended to read: 
B. 
Does not include: 
(1) Any news story, commentary or editorial distributed through the facilities of 
any broadcasting station, newspaper, magazine or other periodical publication, 
unless the facilities are owned or controlled by any political party, political 
committee 61'.1 candidate or candidate's immediate family; 
(I-A) Any communication distributed through a public access television station 
if the communication complies with the laws and rules governing the station and 
all candidates in the race have an equal opportunity to promote their candidacies 
through the station; 
(2) Activity or communication designed to encourage individuals to register to 
vote or to vote if that activity or communication does not mention a clearly 
identified candidate; 
(3) Any communication by any membership organization or corporation to its 
members or stockholders, if that membership organization or corporation is not 
organized primarily for the purpose of influencing the nomination or election of 
any person to state or county office; 
(4) The use of real or personal property and the cost of invitations, food and 
beverages, voluntarily provided by an individual to a candidate in rendering 
voluntary personal services for candidate-related activities, if the cumulative 
value of these activities does not exceed $100 with respect to any election; 
(5) Any unreimbursed travel expenses incurred and paid for by an individual 
who volunteers personal services to a candidate, if the cumulative amount of 
these expenses does not exceed $100 with respect to any election; 
(5-A) Any unreimbursed campaign-related travel expenses incurred and paid for 
by the candidate or the candidate's spouse or domestic partner; 
(6) Any communication by any person that is not made for the purpose of 
influencing the nomination for election, or election, of any person to state or 
county office; 
(7) The payment by a party's state, district, county or municipal committee of the 
costs of preparation, display or mailing or other distribution of a party candidate 
listing; 
(8) The use or distribution of any communication, as described in section 1014, 
obtained by the candidate for a previous election and fully paid for during that 
election campaign; 
(9) Documents, in printed or electronic form, including party platforms, single 
copies of issue papers, information pertaining to the requirements of this Title, 
lists of registered voters and voter identification information, created or 
maintained by a political party for the general purpose of party building and 
provided to a candidate who is a member of that party; 
(I 0) Compensation paid by a political state party committee to an employee of 
that party its employees for the following purposes: 
(a) Providing ad¥iee no more than a total of 20 hours of assistance from its 
employees to any one ~ candidate for a period of no more than 20 hOtirs in 
any election; 
(b) Recruiting and overseeing volunteers for campaign activities involving 3 
or more candidates; or 
(c) Coordinating campaign events involving 3 or more candidates; 
(1 O-A) Costs paid for by a party committee in connection with a campaign event 
at which 3 or more candidates are present; 
(11) Campaign training sessions provided to 3 or more candidates; 
(II-A) 
Wood or other materials used for political signs that are found or 
contributed if not originally obtained by the candidate or contributor for 
campaign purposes; or 
(12) The use of offices, telephones, computers and similar equipment when that 
use does not result in additional cost to the provider. 
Sec. A-7. 21-A MRS A §1012, sub-§5, ~C, as enacted by PL 2005, c. 301, §9, is 
amended to read: 
C. The treatment of all candidates in the communication is substantially similar~ 
except for any requirement under federal law applicable to communications regarding 
federal candidates. 
Sec. A-S. 21-A MRSA §1012, sub-§5, ~, as enacted by PL 2005, c. 301, §9, is 
amended to read: 
D. The content of the communication is limited to: 
(I) The identification of each candidate, with which pictures may be used; 
(2) The offices sought; 
(3) The offices currently held by the candidates; 
(4) 
The party affiliation of the candidates and a brief statement, including 
campaign slogans, about the paftJ< party's or the candidates' positions, philosophy, 
goals, accomplishments or biographies; 
(5) Encouragement to vote for the candidates identified; ami 
(6) Infonnation about voting, such as voting hours and locations"; and 
(7) Campaign or party logos. 
If the communication contains language outside the categories of this paragraph, it 
does not qualify as a party candidate listing. 
Sec. A-9. 2l-A MRSA §1013-A, sub-§l, ~C, as amended by PL 1999, c. 729, 
§ 1, is further amended to read: 
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 who has filed a declaration of intent to become certified 
as a candidate under the Maine Clean Election Act is not required to file the written 
statement required by this paragraph. 
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 10 15, subsection 8. 
The statement filed by a eandidate '""ho has filed a deelaration of intent under the 
Maine Clean Eleetion Aet must state that the eandidate '""ill be bound by the 
expenditure limitations imposed by that Aet. 
Sec. A-lO. 2l-A MRSA §1013-B, as enacted by PL 1991, c. 839, §7 and affected 
by §34, is amended to read: 
§1013-B. 
Removal of treasurer; filling vacancy of treasurer; substantiation of 
records of treasurer; notification to commission 
A candidate may remove any treasurer that the candidate has appointed. In case of a 
vacancy in the position of treasurer of a candidate or treasurer of a political committee 
before'the obligations of the treasurer have been performed, the candidate shall serve as 
treasurer from the date of the vacancy until the candidate appoints a successor and rep:-·ns 
the name and address of the successor to the commission. The candidate shall file a 
written statement of resignation of a treasurer of a candidate or a treasurer of a political 
committee and until that statement has been filed, the resignation is not effective. 
,Au'1 
individual who vacates the position of treasurer by reason of removal or resignation shall 
certify in writing the accuracy of the treasurer's records to the succeeding treasurer. A 
succeeding treasurer may not be held responsible for the accuracy of the predecessor's 
records. 
Sec. A-II. 21-A MRS A §1014, as amended by PL 2005, c, 542, §1, is further 
amended to read: 
§1014. Publication or distribution of political communications 
1. Authorized by candidate. Whenever a person makes an expenditure to finance a 
communication expressly advocating the election or defeat of a clearly identified 
candidate through broadcasting stations, newspapers, magazines, campaign signs or other 
outdoor advertising facilities, publicly accessible sites on the Internet, direct mails or 
other similar types of general public political advertising or through flyers, handbills, 
bumper stickers and other nonperiodical publications, the communication, if authorized 
by a candidate, a candidate's authorized political committee or their agents, must clearly 
and conspicuously state that the communication has been so authorized and must clearly 
state the name and address of the person who made or financed the expenditure for the 
communication. The following forms of political communication do not require the 
name and address of the person who made or authorized the expenditure for the 
communication because the name or address would be so small as to be illegible or 
infeasible: ashtrays, badges and badge holders, balloons, campaign buttons, clothing, 
coasters, combs, emery boards, envelopes, erasers, glasses, key rings, letter openers, 
matchbooks, nail files, noisemakers, paper and plastic cups, pencils, pens, plastic 
tableware, 12-inch or shorter rulers, swizzle sticks, tickets to fund-raisers and similar 
items determined by the commission to be too small and unnecessary for the disclosures 
required by this section. A communication financed by a candidate or the candidate's 
committee that is made through a radio station is not required to state the address of the 
candidate or committee that financed the communication. 
2. Not authorized by candidate. If the communication described in subsection 1 is 
not authorized by a candidate, a candidate's authorized political committee or their agents, 
the communication must clearly and conspicuously state that the communication is not 
authorized by any candidate and state the name and address of the person 'who made or 
financed the expenditure for the communication. If the communication is in written 
form, the communication must contain at the bottom of the communication in print that is 
no smaller in size than lO-point bold print, Times New Roman font, the words "NOT 
PAID FOR OR AUTHORIZED BY ANY CANDIDATE." 
2-A. Other communications. If Whenever a person makes an expenditure to 
finance a communication that names or depicts a clearly identified candidate and that is 
disseminated during the 21 days before an a primary election or 60 days before a general 
election through the media described in subsection 1, 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. The 
disclosure is not required if the communication was not made for the purpose of 
influencing the candidate's nomination for election or election. 
3. 
Broadcasting prohibited without disclosure. 
No person operating a 
broadcasting station or agent of that person within this State may broadcast any 
communication, as described in subsections 1 tm4-2 to 2-A, without an oral or written 
visual announcement of the name of the person ,,,ho made or financed the expenditure for 
0 
the communication disclosure required by this section. 
3-A. In-kind contributions of printed materials. A candidate, political committee 
or political action committee shall report on the campaif,'l1 finance report as a contribution 
to the candidate, political committee or political action committee any contributions of in-
kind printed materials to be used in the support of a candidate or in the support or defeat 
of a cause to be voted upon at referendum. Any in-kind contributions of printed materials 
used or distributed by a candidate, political committee or political action committee must 
include the name or title of that candidate, political committee or political action 
committee as the authorizing agent for the printing and.. distribution of the in-kind 
contribution. 
The use or distrih1!Ition of in-kind printed materials contributed to a candidate, political 
committee or political action committee must be reported as an expenditure on the 
campaign finance report of that candidate, political committee or political action 
committee. 
3-B. Newspapers. A newspaper may not publish a communication described in 
subsection subsections 1 ~ 
to 2-A without including the disclosure required by this 
section. 
For purposes of this subsection, "newspaper" includes any printed material 
intended for general circulation or to be read by the general public, including a version of 
the newspaper displayed on a website owned or operated by the newspaper. 
When 
necessary, a newspaper may seek the advice of the commission regarding whether or not 
the communication requires the disclosure. 
4. Enforcement. An expenditure, communication or broadcast made within .w 20 
days before the election to which it relates that results in a violation of this section may 
result in a civil fine of no more than $200. The person who financed the communication 
or who committed the violation shall correct the violation within 10 days after receiving 
notification of the violation from the commission. An expenditure, communication or 
broadcast made more than .w 20 davs before the election that results in a violation of this 
section may result in a civil fine of no more than $100 if the violation is not corrected 
within 10 days after the candidate person who financed the communication or other 
person who committed the violation receives notification of the violation from the 
commission. If the commission determines that a person violated this section with the 
intent to misrepresent the name or address of the person who made or financed the 
communication or whether the communication was or was not authorized by the 
candidate, the commission may impose a fine of no more than $5,000 against the person 
responsible for the communication. Enforcement and collection procedures must be in 
accordance with section 1020-A. 
S. Telephone calls. Automated Prerecorded automated telephone calls and scripted 
live telephone communications that name a clearly identified candidate during the 21 
days before a primary election or the 60 days before a general election must clearly state 
the name of the person who made or financed the expenditure for the communication, 
except for prerecorded automated telephone calls paid for by the candidate that use the 
candidate's voice in the telephone call and that are made in support of that candidate. 
Telephone calls made for the purposes of researching the views of voters are not required 
to include the disclosure. 
Sec. A-12. 21-A MRSA §1015, sub-§I, as amended by PL 1999, c. 729, §2, is 
further amended to read: 
l3 
1. Individuals. An individual may not make contributions to a candidate in support 
of the candidacy of one person aggregating more than $500 in any election for a 
gubernatorial candidate or more than $250 in any election for any other candidate. This 
limitation does not apply to contributions in support of a candidate by that candidate or 
that candidate's spouse or domestic partner. 
Sec. A-13. 21-A MRS A §1015, sub-§2, as amended by PL 1999, c. 729, §2, is 
further amended to read: 
2. Committees; corporations; associations. A political committee, political action 
committee, other committee, firm, partnership, corporation ef~ association or organization 
may not make contributions to a candidate in support of the candidacy of one person 
aggregating more than $500 in any election for a gubernatorial candidate or more than 
$250 in any election for any other candidate. 
Sec. A-14. 21-A MRSA §1015, sub-§3, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
3. Aggregate contributions. No individual may make contributions to candidates 
aggregating more than $25,000 in any calendar year. This limitation does not apply to 
contributions in support of a candidate by that candidate or his that candidate's spouse or 
domestic partner. 
Sec. A-15. 21-A MRSA §1015, sub-§4, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
4. Political committees; intermediaries. For the purpose of the limitations imposed 
by this section, contributions made to any political committee authorized by a candidate 
to accept contributions on the candidate's behalf are considered to be contributions made 
to that candidate. 
For the purposes of the limitations imposed by this section, all contributions made by a 
person, either directly or indirectly, on behalf of a particular candidate, ifleludiflg 
eOfltrieutiofls whieh that are in any way earmarked or otherwise directed through an 
intermediary or conduit to the candidate; are considered to be contributions from that 
person to the candidate. The intermediary or conduit shall report the original source and 
the intended recipient of the contribution to the commission and to the intended recipient. 
Sec. A-16. 21-A MRSA §1015, sub-§8, as amended by PL 1999, c. 729, §3, is 
further amended to read: 
8. Political expenditure limitation amounts. Total expenditures in any election for 
legislative office by a candidate who voluntarily agrees to limit campaign expenditures as 
provided in subsection 7 are as follows: 
A. 
For State Senator, $25,000; and 
B. 
For State Representative, $5,00().;-aBd:. 
C. 
For State SeRator or State RepreseRtati'fe as a caRdidate certified uRder the 
MaiRe Cleaa ElectioR Act, to the exteRt authorized by that Act. 
Expenditure limits are per election and may not be carried forward from one election to 
another. For calculation and reporting purposes, the reporting periods established in 
section 1017 apply. 
Sec. A-17. 21-A MRSA §1015-A, sub-§2 is enacted to read: 
2. Sole proprietorships. A sole proprietorship and its owner are treated as a single 
entity. 
Sec. A-18. 21-A MRSA §1017, as amended by PL 2005, c. 542, §2, is further 
amended to read: 
§1017. Reports by candidates 
1. Federal eandidates. The treasurer of the campaigR committee of each caRdidate 
for federal office shaH file ",lith the commissioR a copy of the complete report required of 
them uRder federal law OR the same date that those reports are required to be filed uRder 
federal law. 
2. Gubernatorial candidates. A treasurer of a candidate for the office of Governor 
shall file reports with the commission as follows. Once the first required report has been 
filed, each subsequent report must cover the period from the eompletioR end date of the 
prior report filed. 
A. 
In any calendar year, other than a gubernatorial election year, in which the 
candidate or the candidate's poHical committee has received contributions in excess 
of $1,000 or made or authorized expenditures in excess of $1,000, reports must be 
filed no later than ~ 5:00 p.m. on July 15th of that year and January 15th of the 
following calendar year. These reports must include all contributions made to and all 
expenditures made or authorized by or on behalf of the candidate or the candidate's 
treasurer as of the end of the preceding month, except those covered by a previous 
report. 
B. Reports must be filed no later than ~ 5:00 p.m. on the 42nd day before the date on 
which an election is held and must be complete as of the 49th day before that date. If 
a report was not filed under paragraph A, the report required under this paragraph 
must cover all contributions and expenditures through the oompletion date 49th day 
before the election. 
C. Reports must be filed no later than ~ 5:00 p.m. on the ~ 
11th day before the date 
on which an election is held and must be complete as of the ~ 
14th day before that 
date. 
D. Contributions aggregating $1,000 or more from anyone contributor or single 
expenditures of $1 ,000 or more, made after the +2-th 14th day before the election, and 
more than 24 hours before ~ 5:00 p.m. on the day of the election, must be reported 
within 24 hours of those contributions or expenditures. 
E. Reports must be filed no later than ~ 5:00 p.m. on the 42nd day after the date on 
which an election is held and must be complete for the filing period as of the 35th day 
after that date. 
F. Unless further reports will be filed in relation to a later election in the same 
calendar year, the disposition of any surplus or deficit in excess of ~ 
$100 shown in 
the reports described in paragraph E must be reported as provided in this paragraph. 
The treasurer of a candidate or political committee with a surplus or deficit in excess 
of ~ 
$100 shall file reports semiannually with the commission within 15 days 
following the end of the 2nd and 4th quarters of the State's fiscal year, complete as of 
the last day of the quarter, until the surplus is disposed of or the deficit is liquidated. 
The first report under this paragraph is not required until the 15th day of the period 
beginning at least 90 days from the date of the election. The reports may either will 
be considered timely if filed electronically or in person with the commission on that 
date or postmarked on that date. The reports must set forth any contributions for the 
purpose of liquidating the deficit, in the same manner as contributions are set forth in 
other reports required in this section. 
G. Unless otherwise specified in this subsection, reports must be complete back to 
the oompletion end date of the previous report filing period. The reports described in 
paragraph E, if filed with respect to a primary election, are considered previous 
reports in relation to reports concerning a general election. 
H. Reports with respect to a candidate who seeks nomination by petition for the 
office of Governor must be filed on the same dates that reports must be filed with 
respect to a candidate who seeks that nomination by primary election. 
3-A. Other candidates. A treasurer of a candidate for state or county office other 
than the office of Governor shall file reports with the commission and municipal 
candidates shall file reports with the municipal clerk as follows. Once the first required 
report has been filed, each subsequent report must cover the period from the oompletion 
end date of the prior report filed. 
A. In any calendar year in which an election for the candidate's particular office is 
not scheduled, when any candidate or candidate's political committee has received 
contributions in excess of $500 or made or authorized expenditures in excess of $500, 
reports must be filed no latcr than ~ 5:00 p.m. on July 15th of that year and January 
15th of the following calendar year. These reports must includc all contributions 
made to and all expenditures made or authorized by or on behalf of thc candidate or 
the treasurer of the candidate as of the end of the preceding month, except those 
covered by a previous report. 
B. Reports must be filed no later than ~ 5:00 p.m. on the 6th 11 th day before the date 
on which an election is held and must be complete as of the +2tfI: 14th day before that 
date. If a rcport was not filed under paragraph A, the report required under this 
paragraph must cover all contributions and expenditures through the completion date 
14th day before the election. 
C. 
Contributions aggregating $-lf}OO $500 or more from anyone contributor or 
single expenditures of ~ 
$500 or more, made after the +2tfI: 14th day before any 
election and more than 24 hours before ~ 5:00 p.m. on the day of any election must 
be reported within 24 hours of those contributions or expenditures. 
D. Reports must be filed no later than ~ 5:00 p.m. on the 42nd day after the date on 
which an election is held and must be complete for the filing period as of the 35th day 
after that date. 
E. Unless further reports will be filed in relation to a later election in the same 
calendar year, the disposition of any surplus or deficit in excess of ~ 
$100 shown in 
the reports described in paragraph D must be reported as provided by this paragraph. 
The treasurer of a candidate with a surplus or deficit in excess of ~ 
$100 shall file 
reports semiannually with the commission within 15 days following the end of the 
2nd and 4th quarters of the State's fiscal year, complete as of the last day of the 
quarter, until the surplus is disposed of or the deficit is liquidated. The first report 
under this paragraph is not required until the 15th day of the period beginning at least 
days from the date of the election. The reports may either will be considered 
timely if filed electronically or in person with the commission on that date or 
postmarked on that date. The reports must set forth any contributions for the purpose 
of liquidating the deficit, in the same manner as contributions are set forth in other 
reports required in this section. 
F. Reports with respect to a candidate who seeks nomination by petition must be 
filed on the same dates that reports must be filed by a candidate for the same office 
who seeks that nomination by primary election. 
3-B. 
Accelerated reporting schedule. 
Additional reports are required from 
nonparticipating Maine Clean Election Act candidates, as defined in section 1122, 
subsection 5, pursuant to this subsection. 
A. In addition to other reports required by law, any candidate for Governor, State 
Senate or State House of Representatives who is not certified as a Maine Clean 
Election Act candidate under chapter 14 and who receives, spends or obligates more 
than 1 % in e*cess of the primary or general election distribution amounts for a Maine 
Clean Election Act candidate in the same race shall file by any means acceptable to 
the commission, within 48 hours of that event, a report with the commission detailing 
the candidate's total campaign contributions, including any campaign balance from a 
previous election, obligations and expenditures to date. 
Page II - 123LR2532(Ol)-1 
B. A nonparticipating candidate '.vith a Maine Clean Election Act Oflflonent who is 
required to file a report under paragraph A shall file tHe follO'.ving additioaal refJorts 
detailing the candidate's total caffifJaign contriamions, obligations aed eXfleBdirures to 
date, unless that candidate signs ail affida-'lit by the date the refJort is dlole, attesting 
that the candidate has Rot recei>.'ed, sflent or obligated an amo\,lllt slolfficient to require 
a report under paragraph l\ no later than 5:00 p.m.: 
(1) A report filed not later than 5 p.m. on the 42nd day before the date on which 
an election is held and that is complete as of the 44th day before that date; 
(2) -A- For gubernatorial candidates only, a report filed no later than 5 p.m. on 
the ~ 
25th day before the date on which an election is held aOO that is complete 
as of the ~ 
27th day before that date; aOO 
(3) A report filed no later than 5 p.m. on the ~ 
18th day before the date on 
which an election is held aOO that is complete as of the Mth 20th day before that 
date~; and 
(4) A report on the 6th day before the date on which an election is held that is 
complete as of the 8th day before that date. 
The reports must contain the candidate's total campaign contributions, including any 
campaign balance from a previous election, obligations and expenditures as of the 
end date of the reporting period. 
The nonparticipating candidate shall file only those reports that are due after the date 
on which the candidate filed the report required under paragraph A. 
C. 
A candidate who is required to file a refJort under paragraph A HlHSt file with the 
commission an updated report that reports single expenditeres in the following 
amounts that are made after the 14th day before an election and more than 24 hours 
before 5 :00 p.m. on the date of that election: 
(1) For a candidate for Governor, a single expenditure of $1 ,000; 
(2) For a candidate for the state Senate, a single expendirure of $750; and 
(3) For a candidate for the state House of Representati .. 'es, a single expenditere 
of$500. 
A report filed pursuant to this paragraph must be filed ".,lithin 24 hoers of the 
expenditure. 
The commission shall provide forms to facilitate compliance with this s\tbseetion. The 
commission shall notify a candidate '.vithin 48 hours if an amount reported on aIlj' reflort 
under flaragraph B exceeds 1 % in e'LCess of the primary or general election distribution 
amounts for a Maine Clean Election Act candidate in the same race and no refJort has 
been received under paragraph A. 
4. New candidate or nominee. A candidate for nomination or a nominee chosen to 
fill a vacancy under chapter 5, subchapter m: 1 is subject to section IOl3-A, subsection 1, 
except that the candidate shall register the name of a treasurer or political committee and 
all other information required in section 10 I3-A, subsection 1, paragraphs A and B within 
days after the candidate's appointment or at least 6 days before the election, whichever 
is earlier. The pefSeR reE}Hiree te file a repert l:meer sectieR 10 13 l'., subsectieR 1 shall 
file a eampaigB repert UR6eF this sectieR 15 eays after the caReieate's appeifltmeRt or 6 
eays befoFe the eleetioR, whiehe¥er is eaFlieF. The report must iRcluee all cORtributioRs 
receiYee aRe ~eadituFes maee thFough the completioR eate. 
The report must be 
complete as of 4 ea~'s before the report is eue. Subsequeflt reports must be filee OR the 
seheaule set forth iR this seetioR. 
The commission shall send notification of this 
registration requirement aRe registratioR and report forms and schedules to the candidate 
and the candidate's treasurer immediately upon notice of the candidate's and treasurer's 
appointments. 
5. Content. A report required under this section must contain the itemized accounts 
of contributions received during that report filing period, including the date a contribution 
wils received, and the name, address, occupation, principal place of business, if any, and 
the amount of the contribution of each person who has made a contribution or 
contributions aggregating in excess of $50. 
The report must contain the itemized 
expenditures made or authorized during the report filing period, the date and purpose of 
each expenditure and the name of each payee and creditor. Total cORtributioRs with 
respect to aR electioR of less thaR $500 aRe total expeRditures of less thaR $500 Reed ROt 
be itemized. The report must contain a statement of any loan to a candidate by a financial 
institution in connection with that candidate's candidacy that is made during the period 
covered by the report, whether or not the loan is defined as a contribution under section 
1012, subsection 2, paragraph A. URtil December 31, 1992, the caRdidate is respoRsible 
for the timely aRd accurate filiRg of each required report. BeginniRg JaRuary 1, 1993, the 
The candidate and the treasurer are jointly and severally responsible for the timely and 
accurate filing of each required report. 
5-A. Valuation of contributions sold at auction. Any contribution received by a 
candidate that is later sold at auction shall must be reported in the following manner. 
A. If the contribution is sold at auction before the commencement of the appropriate 
reporting period specified in subsections + 2 to 4, or during that period, the value of 
the contribution is deemed to be the amount of the purchase price paid at auction. 
B. If the contribution is sold after the termination of the appropriate reporting period 
specified in subsections + 2 to 4, the value of the contribution is the difference 
between the value of the contribution as originally reported by the treasurer and the 
amount of the purchase price paid at auction. Unless further reports are filed in 
relation to a later election in the same calendar year, the disposition of any net surplus 
or deficit in excess of $50 resulting from the difference between the auction price and 
the original contribution value must be reported in the same manner as provided in 
subsection 2, paragraph F or subsection 3-A, paragraph E, as appropriate. 
6. Forms. Reports required by this section not filed electronically must be on forms 
prescribed, prepared and sent by the commission to the treasurer of each registered 
candidate at least 7 days before the filing date for the report. 
Establishment of or 
amendments to the campaign report filing forms required by this section must be by rule. 
Persons filing reports may use additional pages if necessary, but the pages must be the 
same size as the pages of the form. 
Although the commission mails the forms for 
required reports to candidates who are exempt from filing electronically, failure to 
receive fonns by mail does not excuse treasurers, committees and other persons who must 
file reports from otherwise obtaining the fonns or from late filing penalties. 
Rules of the commission establishing campaign report filing fonns for candidates are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
7-A. Reporting exemption. A candidate is exempt from reporting as provided by 
this subsection. 
A. A candidate may, at the time the candidate registers under section 10l3-A, notify 
the commission that the candidate and the candidate's agents, if any, will not 
personally accept contributions, make expenditures or incur obligations associated 
with that candidate's candidacy. The; notification must be sworn and notarized. A 
candidate who provides this notice to the commission is not required to appoint a 
treasurer and is not subject to the filing requirements of this subchapter if the 
statement is true. 
B. The notice provided to the commission under paragraph A may be revoked. Prior 
to revocation, the candidate must appoint a treasurer. The candidate may not accept 
contributions, make expenditures or incur obligations before the appointment of a 
treasurer and the filing of a revocation notice are accomplished. A revocation notice 
must be in the fonn of an amended registration, which must be filed with the 
commission no later than 10 days after the appointment of a treasurer. The candidate 
and the candidate's treasurer, as of the date the revocation notice is filed with the 
commission, may accept contributions, make expenditures and incur obligations 
associated with the candidate's candidacy. Any candidate who fails to file a timely 
revocation notice is subject to the penalties prescribed in section lO20-A, subsection 
4, up to a maximum of $5,000. Lateness is calculated from the day a contribution is 
received, an expenditure is made or an obligation is incurred, whichever is earliest. 
8. Disposition of surplus. A treasurer of a candidate registered under section 1 ° 
13-
A or qualified under sections 335 and 336 or sections 354 and 355 ma;' must dispose of a 
surplus exceeding ~ 
$100 within 4 years of the election for which the contributions 
were received by: 
A. 
Returning contributions to the candidate's or candidate's authorized political 
committee's contributors, as long as no contributor receives more than the amount 
contributed; 
B. A gift to a qualified political party within the State, including any county or 
municipal subdivision of such a party; 
C. An unrestricted gift to the State. A candidate for municipal office may dispose of 
a surplus by making a restricted or unrestricted gift to the municipality; 
D. 
Carrying forward the surplus balance to a political committee established to 
promote the same candidate for a subsequent election; 
D-l. Carrying forward the surplus balance for use by the candidate for a subsequent 
election; 
E. Transferring the surplus balance to one or more other candidates registered under 
section 10 13-A or quaiified under sections 335 and 336 or sections 354 and 355, or to 
political committees established to promote the election of those candidates, provided 
that the amount transferred does not exceed the contribution limits established by 
section 1015; 
F. 
Repaying any loans or retiring any other debts incurred to defray campaign 
expenses of the candidate; 
G. Paying for any expense incurred in the proper performance of the office to which 
the candidate is elected, as long as each expenditure is itemized on expenditure 
reports; and 
H. A gift to a charitable or educational organization that is not prohibited, for tax 
reasons, from receiving such a gift. 
Tpe choice must be made by the candidate for whose benefit the contributions were made 
aHs sistributiOH of the eatire surplus by OHe or more of the methoss prescribes iH this 
subsectioH m\:lst be completes withiH 4 years of the electioH for which the cOHtributions 
viers receives. 
9. 
Campaign termination report forms. 
The comrrusslOn shall provide each 
candidate required to report campaign contributions and expenditures with a campaign 
termination report form. A candidate shall file the campaign termination report with the 
commission as required in this subsection. The campaign termination report must be 
complete as of June 30th of the year following the campaign of the previous year. This 
form must show any deficits or surpluses to be carried over to the next campaign. Funds 
not carried forward to the next campaign must be disposed of as provided in seotioH 101 ':I, 
subsection 8. Campaign reporting is as follows. 
A. 
Candidates with surplus campaign funds following an election shall file 
termination reports no later than July 15th of the year following the campaign of the 
prevIOus year. 
B. Candidates with a campaign deficit following an election shall file termination 
reports no later than July 15th of the year following the campaign of the previous 
year. 
C. Candidates with a deficit who will not participate in the next election for the same 
office shall file semiannual reports until the deficit is liquidated. 
D. Candidates who collect funds subsequent to an election for purposes other than 
retiring campaign debt shall register with the commission pursuant to section 1013-A. 
10. Electronic filing. BeginniHg JaHuary 1,2006, the The treasurer of a candidate or 
committee that has receipts or expects to have receipts of more than $1,500 shall file each 
report required by this section tluough an electronic filing system developed by the 
comrrussIOn. 
The commission may make an exception to this electronic filing 
requirement if a candidate or committee submits a written request that states that the 
candidate or committee lacks access to the technology or the technological ability to file 
reports electronically. The request for an exception must be submitted by April 15th of 
the election year, except that a candidate registered according to subsection 4 has 10 
business days from the date of registration to submit a request to the commission. The 
commission shall grant all reasonable requests for exceptions. 
Sec. A-19. 21-A MRSA §1017-A, as amended by PL 2005, c. 301, §§18 to 20, is 
further amended to read: 
§1017-A. Reports of contributions and expenditures by party committees 
1. Contributions. A party committee shall report all contributions in cash or in kind 
from an individual a single contributor that in the aggregate in a campaign total more than 
$200. The party committee shall report the name, mailing address, occupation and place 
of business of each contributor. Contributions of $200 or less must be reported, and these 
contributions may be reported as a lump sum. 
2. Expenditures on behalf of candidates, others. A party committee shall report 
all expenditures in cash or in kind of the committee made on behalf of a candidate, 
political committee, political action committee or party committee registered under this 
chapter. The party committee shall report: 
A. 
The name and address of each candidate and the identity and address of a 
eampaign or, political committee, political action committee or party committee; 
B. The office sought by a candidate and the district that the candidate seeks to 
represent; and 
C. The date aad~ amount and purpose of each expenditure. 
3. Other expenditures. Operational expenses and other expenditures in cash or in 
kind of the party committee that are not made on behalf of a candidate, committee or 
campaign must be reported as a s6}3arate it ern separately. The party committee shall 
report: 
A. The name and address of each payee or recipient; 
B. The feasen purpose for the expenditure; and 
C. The date and amount of each expenditure. 
4-A. Filing schedule. A state party committee shall file its reports according to the 
following schedule. 
A. Quarterly reports must be filed by 5:00 p.m.: 
(1) On January 15th and must be complete up to January 5th; 
(2) On April 10th and must be complete up to March 31st; 
(3) On July 15th and must be complete up to July 5th; and 
(4) On October 10th and must be complete up to September 30th. 
B. General and primary election reports must be filed by 5:00 p.m.: 
(1) On the 6th 11th day before the date on which the election is held and must 
be complete up to the ~ 
14th day before that date; and 
(2) On the 42nd day after the date on which the election is held and must be 
complete up to the 35th day after that date. 
'j~ 
C. Reports of spending to influence special elections, referenda, initiatives, bond 
issues or constitutional amendments must be filed by 5:00 p.m.: 
(1) On the 9th 11th day before the date on which the election is held and must 
be complete up to the ~ 
14th day before that date; and 
(2) On the 42nd day after the date on which the election is held and must be 
complete up to the 35th day after that date. 
D. A state party committee that files an election report under paragraph B or C is not 
required to file a quarterly report under paragraph A when the deadline for that 
quarterly report falls within 10 days of the filing deadline established in paragraph B 
orC. 
E. A state party committee shall report any expenditure of $500 or more, made after 
the ~ 
14th day before the election and more than 24 hours before 5:00 p.m. on the 
day of the election, within 24 hours of that expenditure. 
4-B. 
Filing schedule for municipal, district and county party committees. 
Municipal, district and county party committees shall file reports according to the 
following schedule. 
A. Reports filed during an election year must be filed with the commission by 5:00 
p.m. on: 
(1) July 15th and be complete as of June 30th; 
(2) October 27th The 11 th day before the date on which the election is held and 
must be complete as of October 22nd up to the 14th day before that date; and 
(3) January 15th and be complete as of December 31st. 
B. Reports filed during a nonelection year must be filed by 5:00 p.m. on: 
(1) July 15th and be complete as of June 30th; and 
(2) January 15th and be complete as of December 31 st. 
C. Any contribution or expenditure of ~ 
$500 or more made after the ~ 
14th 
day before any election and more than 24 hours before that 5:00 p.m. on the day of 
the election must be reported within 24 hours of that contribution or expenditure. 
4-C. Electronic filing. Beginning January 1, 2006, state State party committees 
shall file each report required by this section through an electronic filing system 
developed by the commission. The commission may make an exception to this electronic 
filing requirement if a party committee submits a written request that states that the party 
committee lacks access to the tec:mology or the technological ability to file reports 
electronically. The request for an exception must be submitted by March 1st of the 
election year. The commission shall grant all reasonable requests for exceptions. 
5. Penalties. A party committee is subject to the penalties in section 1020-A, 
subsection 4-A. 
6. 
Notice; forms. A state party committee shall notify all county, district and 
municipal party committees of the same political party of the party committee reporting 
requirements. 
The party committees shall obtain the necessary forms from the 
commission to complete the filing requirements. 
7. Exemption. Any party committee receiving and expending less than $1,500 in 
one calendar year is exempt from the reporting requirements of this section for that year. 
8. 
Municipal elections. 
When a party committee makes coritributions or 
expenditures on behalf of a candidate for municipal office subject to this subchapter, it 
shall file a copy of the reports required by this section with the clerk in that candidate's 
municipality. 
Sec. A-20. 21-A MRSA §1017-B is enacted to read: 
§1017-B. Records 
Any party committee that makes expenditures that aggregate in excess of $50 to any 
one or more candidates, committees or campaigns in this State shall keep records as 
provided in this section. Records required to be kept under this section must be retained 
by the party committee until 10 days after the next election following the election to 
which the records pertain. 
1. Details of records. The treasurer of a party committee shall record a detailed 
account of: 
A. All expenditures made to or on behalf of a candidate, campaign or committee; 
B. The identity and address of each candidate, campaign or committee; 
C. The office sought by a candidate and the district the candidate seeks to represent, 
for candidates that a party committee has made an expenditure to or on behalf of; and 
D. The date of each expenditure. 
2. Receipts. The treasurer of a party committee shall retain a vendor invoice or 
receipt stating the particular goods or services purchased for every expenditure in excess 
of$50. 
3. Record of contributions. The treasurer of a party committee shall keep a record 
of all contributions to the committee, by name and mailing address, of each donor and the 
amount and date of the contribution. 
This subsection does not apply to aggregate 
contributions from a single donor of $50 or less in an election. When any donor's 
contributions to a party committee exceed $50, the record must include the aggregate 
amount of all contributions from that donor. 
Sec. A-21. 21-A MRSA §1018, sub-§l, as enacted by PL 1985, c. 161, §6, is 
repealed. 
Sec. A-22. 21-A MRS A §1019-B, sub-§l, ~, 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 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 21 days, including election day, 
before a primary election; the U 60 days, including election day, before a general 
election; or during a special election until and on election day. 
Sec. A-23. 21-A MRSA §1019-B, sub-§3, ~, as enacted by PL 2003, c. 448, 
§3, is amended to read: 
B. A report required by this subsection must contain an itemized account of each 
eOHtriblRioH or expenditure aggregating in excess of $100 in anyone candidate's 
election, the date and purpose of each eOHtributioH or expenditure, a description of all 
communications related to the expenditure and the name of each payee or creditor. 
The report must state whether the eontributioH or expenditure is in support of or in 
opposition to the candidate and must include, under penalty of perjury, as provided in 
Title 17 -A, section 451, a statement under oath or affirmation whether the 
I4 
eOHtriblRioH or expenditure is made in cooperation, consultation or concert with, or at 
the request or suggestion of, the candidate or an authorized committee or agent of the 
candidate. 
Sec. A-24. 21-A MRSA §1020-A, sub-§l, as enacted by PL 1995, c. 483, § 15, is 
amended to read: 
1. Registration. A candidate that fails to register the name of a candidate, treasurer 
or political committee with the commission within the time allowed by section 10 I3-A, 
subsection 1 may be assessed a forfeittH"e fine of $-W $100. 
The commission shall 
determine whether a registration satisfies the requirements for timely filing under section 
lOB-A, subsection 1. 
Sec. A-25. 21-A MRSA §1020-A, sub-§2, as amended by PL 2003, c. 628, Pt. 
A, §3, is further amended to read: 
2. Campaign finance reports. A campaign finance report is not timely filed unless 
a properly signed or electronically submitted copy of the report, substantially conforming 
to the disclosure requirements of this subchapter, is received by the commission before 5 
by 5 :00 p.m. on the date it is due. Except as provided in subsection 7, the commission 
shall determine whether a report satisfies the requirements for timely filing. 
The 
commission may waive a penalty if the commission determines that the penalty is 
disproportionate to the size of the candidate's campaign, the level of experience of the 
candidate, treasurer or campaign staff or the harm suffered by the public from the late 
disclosure. The commission may waive the penalty in whole or in part if the commission 
determines the failure to file a timely report was due to mitigating circumstances. For 
purposes of this section, "mitigating circumstances" means: 
A. A valid emergency determined by the commission, in the interest of the sound 
administration of justice, to warrant the waiver of the penalty in whole or in part; 
B. An error by the commission staff; 
C. Failure to receive notice of the filing deadline; or 
D. Other circumstances determined by the commission that warrant mitigation of the 
penalty, based upon relevant evidence presented that a bona fide effort was made to 
file the report in accordance with the statutory requirements, including, but not 
limited to, unexplained delays in postal service. 
Sec. A-26. 21-A MRS A §1020-A, sub-§4-A, as enacted by PL 2001, c. 714, Pt. 
PP, § 1 and affected by §2, is amended to read: 
4-A. Basis for penalties. The penalty for late filing of a report required under this 
subchapter, except for accelerated campaign finance reports required pursuant to section 
1017, subsection 3-B, is a percentage of the total contributions or expenditures for the 
filing period, whichever is greater, mult;plied by the number of calendar days late, as 
follows: 
A. For the first violation, 1 %; 
B. For the 2nd violation, 3%; and 
C. For the 3rd and subsequent violations, 5%. 
Any penalty of less than ~ llQ is waived. 
Violations accumulate on reports with filing deadlines in a 2-year period that begins on 
January 1st of each even-numbered year. Waiver of a penalty does not nullify the finding 
of a violation. 
A report required to be filed under this subchapter that is sent by certified or registered 
United States mail and postmarked at least 2 days before the deadline is not subject to 
penalty. 
A registration or report may be provisionally filed by transmission of a facsimile copy of 
the duly executed report to the commission, as long as the facsimile copy is filed by the 
applicable deadline and an original of the same report is received by the commission 
within 5 calendar days thereafter. 
The penalty for late filing of an accelerated campaign finance report as required in section 
1017, subsection 3-B may be up to but no more than 3 times the amount by which the 
contributions received or expenditures obligated or made by the candidate exceed the 
applicable Maine Clean Election Fund disbursement amount, per day of violation. The 
commission shall make a finding of fact establishing when the report was due prior to 
imposing a penalty under this subsection. A penalty for failure to file an accelerated 
campaign finance report must be made payable to the Maine Clean Election Fund. In 
assessing a penalty for failure to file an accelerated campaign finance report, the 
commission shall consider the existence of mitigating circumstances. For the purposes of 
this subsection, "mitigating circumstances" has the same meaning as in subsection 2. 
Sec. A-27. 21-A MRSA §1020-A, sub-§6, as corrected by RR 1995, c. 2, §38, is 
amended to read: 
6. Request for a commission determination. Within 3 days following the filing 
deadline, a notice must be forwarded sent to a candidate and treasurer whose registration 
or campaign finance report is not received by ~ 5:00 p.m. on the deadline date, informing 
them of the basis for calculating penalties under subsection 4 and providing them with an 
opportunity to request a commission detennination. The notice must be sent by certified 
United States mail. Any request for a detennination must be made within 10 calendar 
days of receipt of the commission's notice. 
The 10-day period during which a 
detennination may be requested begins on the day a recipient signs for the certified mail 
notice of the proposed penalty. If the certified letter is refused or left unclaimed at the 
post office, the lO-day period begins on the day the post office indicates it has given first 
notice of a certified letter. A candidate or treasurer requesting a detennination may either 
appear in person or designate a representative to appear on the candidate's or treasurer's 
behalf or submit a notarized written explanation of the mitigating circumstances for 
consideration by the commission. 
Sec. A-28. 21-A MRSA §1020-A, sub-§7, as corrected by RR 2003, c. 1, §14, is 
aI)lended to read: 
7. Final notice of penalty. After a If a detennination has been requested by the 
candidate and made by the commission meeting, notice of the commission's final 
detennination and the penalty, if any, imposed pursuant to this subchapter must be sent to 
the candidate and the treasurer. 
If no detennination is requested, the commission staff shall calculate the penalty as 
prescribed in subsection 4-A and shall mail final notice of the penalty to the candidate 
and treasurer. A detailed summary of all notices must be provided to the commission. 
Sec. A-29. 21-A MRS A §1020-A, sub-§8, as repealed and replaced by PL 2003, 
c. 628, Pt. A, §5, is amended to read: 
8. Failure to file report. The commission shall notify a candidate who has failed to 
file a report required by this subchapter, in writing, infonning the candidate of the 
requirement to file a report. The notice must be sent by certified mail. If a candidate fails 
to file a report after 3 written communications from 2 notices have been sent by the 
commission, the commission shall send up to 2 more ',."ritten cormnunications a final 
notice by certified mail infonning the candidate of the requirement to file and that the 
matter may be referred to the Attorney General for criminal prosecution. A candidate 
who fails to file a report as required by this subchapter after the commission has sent the 
communications notices required by this subsection is guilty of a Class E crime. 
Sec. A-30. 21-A MRSA §1051, first~, as amended by PL 1995, c. 483, §16, is 
further amended to read: 
This subchapter applies to the activities of political action committees organized in 
and outside this State that accept contributions, incur obligations or make expenditures in 
an aggregate amount in excess of ~ 
$1,500 in anyone calendar year for the election of 
state, county or municipal officers, or for the support or defeat of any campaign, as 
defmed in this subchapter. 
Sec. A-31. 21-A MRSA §1052, sub-§2, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
2. Committee. "Committee" means any political action committee, as defined in 
this subchapter, and includes any agent of a political action committee. 
Sec. A-32. 21-A MRSA §1052, sub-§4, ~, as amended by PL 2005, c. 301, 
§22, is further amended to read: 
B. Does not include: 
(1) Any news story, commentary or editorial distributed through the facilities of 
any broadcasting station, newspaper, magazine or other periodical publication, 
unless these facilities are owned or controlled by any political party, political 
committee ef~ candidate or candidate's immediate family; 
(2) Activity designed to encourage individuals to register to vote or to vote, if 
that activity or communication does not mention a clearly identified candidate; 
(3) Any communication by any membership organization or corporation to its 
members or stockholders, if that membership organization or corporation is not 
organized primarily for the purpose of influencing the nomination or election of 
any person to state or county office; 
(4) The use of real or personal property and the cost of invitations, food and 
beverages, voluntarily provided by a political action committee in rendering 
voluntary personal services for candidate-related activities, if the cumulative 
value of these activities by the political action committee on behalf of any 
candidate does not exceed $100 with respect to any election; 
(5) Any unreimbursed travel expenses incurred and paid for by a political action 
committee that volunteers personal services to a candidate, if the cumulative 
amount of these expenses does not exceed $100 with respect to any election; and 
(6) Any communication by any political action committee member that is not 
made for the purpose of influencing the nomination for election, or election, of 
any person to state or county office. 
Sec. A-33. 21-A MRSA §1053, as amended by PL 2005, c. 575, §6, is further 
amended to read: 
§1053. Registration 
Every political action committee that accepts contributions, incurs obligations or 
makes expenditures in the aggregate in excess of $1,500 in any single calendar year to 
initiate, support, defeat or influence in any way a campaign, referendum, initiated 
petition, including the collection of signatures for a direct initiative, candidate, political 
committee or another political action committee must register with the commission, 
within 7 days of accepting those contributions, incurring those obligations or making 
those expenditures, on forms prescribed by the commission. These forms must include 
the following information and any additional information reasonably required by the 
commission to monitor the activities of political action committees in this State under this 
subchapter: 
1. Identification of committee. The names and mailing addresses of the committee, 
its treasurer, its principal officers iHid.1 the id@Rtity names of any candidates, and 
Legislators or other who have a significant role in fund-raising or decision-making for the 
committee and all individuals who are the primary fund-raisers and decision makers for 
the committee; 
1. Status. A stat@m@Rt wh@th@r th@ political actioR committ@@ is a cORtiRuiRg ORe; 
3. Depository of fURds. Th@ Ram@s aRd addresses of th@ depositories iR which fuRds 
of th@ committee are kept aRd the accouRt RUInb@rs of @ach depository accouRt; 
4. 
Form of organization. 
The form or structure of organization, including 
cooperatives, corporations, voluntary associations, partnerships or any other structure by 
which the committee functions. The date of origin or incorporation must also be 
specified; and 
s. Assets. Th@ total assets of the committee available to iRflu@Rce el@ctioRs iR this 
State at th@ time of registratioR to b@ it@miz@4 aRd to iRclud@ deposits iR fiRaRcial 
iRstitutioRS, real property, p@rsoRal property, iR ... ~@stm@Hts, cash aRd any other foFHl of 
wealth available to the committee; 
6. Statement of support or opposition. A statement indicating the positions of the 
committee, support or opposition, with respect to a candidate, political committee, 
referendum, initiated petition or campaign, if known at the time of registration. If a 
committee has no position on a candidate, campaign or issue at the time of registration, 
the committee must inform the commission as soon as the committee knows this 
information-;-aad.:. 
7. CORtrihutioRs to comlBittee. The Rames aRd mailiRg addresses of cORtributors 
who dORat@ iR @~w@ss of $50 @ach year to th@ committ@@ with amouRt or value of each 
cORtributioR at the time of registratioR. 
Pill)' p@rSOR who makes cORtributioRS OR aR 
iRstaUm@Ht basis, the total of which @xc@@ds $50 iR the caleRdar year, is cORsid@red a 
cORtributor to b@ id@Htifi@d uRd@r this subs@ctioR. 
Every change in information required by this section must be included in an amended 
registration form submitted to the commission within 10 days of the date of the change. 
The committee must file an updated registration form every 2 years between January 1 st 
and March 1 st of an election year. The commission may waive the updated registration 
requirement for newly registered political action committees or other registered political 
action committees if it determines that the requirement would cause an administrative 
burden disproportionate to the public benefit of updated information. 
At the time of registration, the political action committee shall file an initial 
campaign finance report disclosing all information required by section 1060. 
Sec. A-34. 21-A MRSA §1054, as enacted by PL 1985, c. 161, §6, is amended to 
read: 
§ 1 054. Appointment of treasurer 
Any political action committee required to register under section 1053 must appoint a 
treasurer before making ~r e*pendihire, as defined in this chapter registering with the 
commission. The treasurer shall retain, for a minimum of 4 years, all receipts, including 
cancelled checks, of expenditures made in support of or in opposition to a campaign, 
political committee, political action committee, referendum or initiated petition in this 
State. 
Sec. A-35. 21-A MRSA §1055, as amended by PL 2005, c. 308, §2, is further 
amended to read: 
§ 1 055. Publication or distribution of political communications 
"Vhen a A political action committee that makes an expenditure to finance a 
communication expressly advocating the election or defeat of a candidate through 
broadcasting stations, newspapers, magazines, outdoor advertising facilities, direct mails 
and other similar types of general public political ad'rertising and through flyers, 
handbills, bUIHper stickers and other nonperiodical publications, the communication must 
clearly and conspicuously state the name and address of the political action cOHlfIHttee 
7 
that authorized, made or financed the expenditure for the communication and that the 
communication has been authorized by the political action committee or that names or 
depicts a clearly identified candidate is subject to the requirements of section 1014. 
A person operating a broadcasting station within this State may not broadcast any 
such communication without an oral or visual aIHlouncement of the name and address of 
the political action committee that made or financed the expenditure for the 
communication. 
A ne',,'spaper may not publish a communication described in this section vlithout 
including the disclosure required by this section. 
For purposes of this paragraph, 
"newspaper" includes any printed material intended for general circulation or to be read 
by the general public. 
When necessary, a newspaper may seek the advice of the 
commission regarding whether or not the communication requires the disclosure. 
An eJ(penditure, communication or broadcast that results in a violation of this section 
may result in a civil penalty of no more than $200. 
Enforcement and collection 
procedures must be in accordance with section 1062 A. 
Sec. A-36. 21-A MRSA §1057, sub-§2, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
2. Receipts. The treasurer of a political action committee must retain all receipts of 
eJ(penditures made for a candidate, committee or caIHpaign in this State a vendor invoice 
or receipt stating the particular goods or services purchased for every expenditure in 
excess of$50. Receipts may be in the fon:n of cancelled checks. 
Sec. A-37. 21-A MRSA §1057, sub-§3, as amended by PL 1989, c. 504, §§27 
and 31, is further amended to read: 
3. Record -of contributions. The treasurer of a political action committee must keep 
a recQrd of all contributions to the committee, by name and mailing address, of each 
donor and the amount and date of the contribution. This provision does not apply to 
aggregate contributions wmca do not exceed from a single donor of $50 eaeh or less for a 
genefal election, primary an election aHEl or referendum campaign. When any donor's 
contributions to a political action committee exceed $50, the record must include the 
aggregate amount of all contributions from that donor. 
Sec. A-38. 21-A MRS A §1058, as amended by PL 2005, c. 575, §7, is further 
amended to read: 
§1058. Reports; qualifications for filing 
A political action committee that is registered with the commission or that accepts 
contributions or makes expenditures and incurs obligations in an aggregate amount in 
excess of $-W $1,500 on anyone or more campaigns for the office of Governor, for state 
or county office or for the support or defeat of a referendum or initiated petition shall file 
a report on its activities in that campaign with the commission on forms as prescribed by 
the commission. A political action committee organized in this State required under this 
section to file a report shall file the report for each filing period under section 1059. A 
political action committee organized outside this State shall file with the Commission on 
Governmental Ethics and Election Practices of this State a copy of the report that the 
political action committee is required to file in the state in which the political action 
committee is organized. The political action committee shall file the copy only if it has 
expended funds or received contributions or made expenditures in this State. The copy of 
the report must be filed in accordance with the schedule of filing in the state where it is 
organized. If contributions or expenditures are made relating to a municipal office or 
referendum, the report must be filed with the clerk in the subject municipality. 
Sec. A-39. 21-A MRSA §1059, as amended by PL 2005, c. 301, §§25 and 26, is 
further amended to read: 
§1059. Report; filing requirements 
Committees required to register under section 1053 shall file reports in compliance 
with this section. All reports must be filed no lat& than 5 by 5:00 p.rn. on the filing 
deadline. 
1. Contents; fJuarterly reports and eleetion year reports. The feports fequifed 
undef subsection 2, pamgmphs A, Band C, R'lUst contain the following: 
A. 
Itemized expenditufes fequifed by the commission to closely monitof the 
activities of political aetion eommittees; 
B. 
Aggregate expenditufes, listed b)' candidate Of politieal eommittee, fof the 
feporting period fof wilieh the feport is filed; 
B 1. 
CUR'lUlative expenditUfes, listed by candidate Of politieal committee, 
aggregating the expenditufes made dUfing pfeeeding feporting periods in the same 
calendaf yeaf and during the feporting period fof 'tYhieh the feport is filed; 
C. 
The total eumulati'f'e balanee from all preeeding reporting periods; and 
D. 
In the report required to be filed under subseetion 2, paragraph B, subparagraph 
2, a summa!)' of all expenditures made during the ealendar year in whieh the eleetion 
was held. 
The eoIllll1ission may aeeept eomputer printout sheets that eontain the infonnation 
required by this ehapter. 
2. Reporting schedule. Committees shall file reports according to the following 
schedule. 
A. Quarterly reports shall must be tiled: 
(1) On January 15th and must be complete as of January 5th; 
(2) On April 10th and must be complete as of March 31 st; 
(3) On July 15th and must be complete as of July 5th; and 
(4) On October 10th and must be complete as of September 30th. 
B. General and primary election reports shall must be filed: 
(1) On the 6th 11 th day before the date on which the election is held and must 
be complete as of the +2th 14th day before that date; and 
(2) On the 42nd day after the date on which the election is held and must be 
complete as of the 35th day after that date. 
C. Reports of spending to influence special elections, referenda, initiatives, bond 
issues or constitutional amendments shall must be filed: 
(1) On the 6th 11 th day before the date on which the election is held and must 
be complete as of the +2th 14th day before that date; and 
(2) On the 42nd day after the date on which the ele<;tion is held and must be 
complete as of the 35th day after that date. 
D. A committee that files an election report under paragraph B or C is not required to 
file a quarterly report when the deadline for that quarterly report falls within 10 days 
of the filing deadline established in paragraph B or C. 
E. A committee shall report any expenditure of $500 or more, made after the +2th 
14th day before the election and more than 24 hours before ~ 5 :00 p.m. on the day of 
the election, within 24 hours of that expenditure. 
5. Electronic filing. Beginning January 1, 2006, 60Illll1ittees Committees shall file 
each report required by this section through an electronic filing system developed by the 
COInllliSSlOn. 
The commission may make an exception to this electronic filing 
requirement if a committee submits a written request that states that the committee lacks 
access to the technology or the technological ability to file reports electronically. The 
request for an exception must be submitted no later than Mareh 1,2006 or within 30 days 
of the registration of the committee, whiohe'ler is later. The commission shall grant all 
reasonable requests for exceptions. 
Sec. A-40~ 21-A MRSA §1060, as amended by PL 2005, c. 575, §8, is further 
amended to read: 
§ 1 060. Content of reports 
The reports must contain the following information and any additional information 
required by the commission to monitor the activities of political action committees: 
1. 
Identification of candidates. 
The names of and mailing addresses of any 
eandidate offices sought by all candidates whom the committee supports, intends to 
support or seeks to defeat. The report must indieate the offioe that the eandidate is 
seeking, the ~olitieal party re~resented by the eandidate, if any, the date of the oontest and 
'Nhether the eontest is an eleetion or a ~rimary; 
2. Identification of committees; parties. The names and mailing addresses of any 
all political eommittee committees or ~olitieal party committees supported in any way by 
the registrant committee; 
3. Identification of referendum or initiated petition. The referendum referenda or 
initiated ~etition whioh petitions that the committee supports or opposes and the names 
and mailing addresses of the organizations to whieh expenditures were made; 
4. Itemiied expenditures. An itemization of each expenditure made to su~port or 
oppose on behalf of any candidate, campaign, political committee, political action 
committee, ~olitieal and party, committee or to support or oppose a referendum or 
initiated petition, including the date, payee and purpose of the expenditure and the 
address of the ~ayee; the name of each candidate, campaign, political committee, political 
action committee or party committee on whose behalf the expenditure was made; and 
each referendum or initiated petition supported or opposed by the expenditure. 
If 
expenditures were made to a person described in section 1012, subsection 3, paragraph A, 
subparagraph (4), the report must contain the name of the person; the amount spent by 
that person on behalf of the candidate, campaign, political committee, political action 
committee, politieal party committee, referendum or initiated petition, including, but not 
limited to, expenditures made during the signature gathering phase; the reason for the 
expenditure; and the date of the expenditure. The commission may specify the categories 
of expenditures that are to be reported to enable the commission to closely monitor the 
activities of political action committees; 
5. 
Aggregate expenditures. 
An aggregation of expenditures and cumulative 
aggregation of expenditures to a candidate, campaign, political committee, political 
action committee, party committee, referendum or initiated petition; 
6. Identification of contributions. Names, occupations, places of business and 
mailing addresses of contributors who have given more than $50 to the political action 
committee after the eOnmHttee has registered under seetion 1053, in the rmorting period 
and the amount eontributed by eaeh donor and the date of the each contribution-:-The 
information already reported as required by seetioA 1053, subseetion 7 should AOt be 
euplioated; and 
7. Other expenditures. Operational expenses and other expenditures in cash or in 
kind that are not made on behalf of a candidate, committee or campaign. 
Sec. A-41. 21-A MRSA §1061, as amended by PL 1993, c. 695, §36, is further 
amended to read: 
§1061. Dissolution of committees 
\\'henever any political action committee disbands or determines that it will no longer 
solicit or accept any contributions, incur any obligations will no longer be ineWTed and 
He, make any expenditures will be made to or on behalf of any candidate, political 
committee or politieal,. party,-er committee or political action committee to initiate, 
support, defeat or influence in any way the outcome of a referendum, initiated petition, or 
election or primary, and the committee has no outstanding loans, debts or other 
obligations, the committee shall file a termination report that includes all financial 
activity from the end date of the previous reporting period through the date of termination 
with the Commission on Governmental Ethies and Eleetion Praetiees commission. If a 
termination report is not filed, the committee shall continue to file periodic reports as 
required in this chapter. 
Sec. A-42. 21-A MRSA §1062-A, sub-§2, as amended by PL 2003, c. 628, Pt. 
A, § 7, is further amended to read: 
2. Campaign finance reports. A campaign finance report is not timely filed unless 
a properly signed or electronically submitted copy of the report, substantially conforming 
to the disclosure requirements of this subchapter, is received by the commission before 5 
by 5 :00 p.m. on the date it is due. Except as provided in subsection 6, the commission 
shall determine whether a required report satisfies the requirements for timely filing. The 
commission may waive a penalty if it is disproportionate to the level of experience of the 
person filing the report or to the harm suffered by the public from the late disclosure. The 
commission may waive the penalty in whole or in part if the cQmmission determines the 
failure to file a timely report was due to mitigating circumstances. For purposes of this 
section, "mitigating circumstances" means: 
A. A valid emergency of the committee treasurer determined by the commission, in 
the interest of the sound administration of justice, to warrant the waiver of the penalty 
in whole or in part; 
B. An error by the commission staff; or 
C. Other circumstances determined by the commission that warrant mitigation of the 
penalty, based upon relevant evidence presented that a bona fide effort was made to 
file the report in accordance with the statutory requirements, including, but not 
limited to, unexplained delays in postal service or interruptions in Internet service. 
Sec. A-43. 21-A MRSA §1062-A, sub-§3, as enacted by PL 1995, c. 483, §21, is 
amended to read: 
3. Basis for penalties. The penalty for late filing of a report required under this 
subchapter is a percentage of the total contributions or expenditures for the filing period, 
whichever is greater, multiplied by the number of calendar days late, as follows: 
A. For the first violation, 1 %; 
B. For the 2nd violation, 3%; and 
C. For the 3rd and subsequent violations, 5%. 
Any penalty of less than ~ $10 is waived. 
Violations accumulate on reports with filing deadlines in a 2-year period that begins on 
January 1st of each even-numbered calendar year. Waiver of a penalty does not nullify 
the finding of a violation. 
A report required to be filed under this subchapter that is sent by certified or registered 
United States mail and postmarked at least 2 days before the deadline is not subject to 
penalty. 
A required report may be provisionally filed by transmission of a facsimile copy of the 
duly executed report to the commission, as long as an original of the same report is 
received by the commission within 5 calendar days thereafter. 
Sec. A-44. 21-A MRSA §1062-A, sub-§5, as enacted by PL 1995, c. 483, §21, is 
amended to read: 
5. Request for a commission determination. Within 3 days following the filing 
deadline, a notice must be forwarded to the principal officer and treasurer of the political 
action committee whose report is not received by ~ 5 :00 p.m. on the deadline date, 
informing them of the basis for calculating penalties under subsection 3 and providing 
them with an opportunity to request a commission determination. The notice must be 
sent by certified United States mail. A request for determination must be made within 10 
calendar days of receipt of the commission's notice. The 10-day period during which a 
determination may be requested begins on the day a recipient signs for the certified mail 
notice of the proposed penalty. If the certified letter is refused or left unclaimed at the 
post office, the 10-day period begins on the day the post office indicates it has given first 
notice of a certified letter. A principal officer or treasurer requesting a determination may 
either appear in person or designate a representative to appear on the principal officer's or 
treasurer's behalf or submit a notarized written explanation of the mitigating 
circumstances for consideration by the commission. 
Sec. A .. 45. 21-A MRSA §1062-A, sub-§7, as enacted by PL 1995, c. 483, §21, is 
amended to read: 
7. List of late-filing committees. The commission shall prepare a list of the names 
of political action committees that are late in filing a report required under section 1059, 
subsection 2, paragraph B, subparagraph (1), or section 1059, subsection 2, paragraph C 
or D or seetioH 1059, slibseetioH 3 A, paragraph B or C within 30 days of the date of the 
election and shall make that list available for public inspection. 
PARTB 
Sec. B-1. 21-A MRSA §1122, sub-§4-A is enacted to read: 
4-A. Immediate family. "Immediate family" has the same meaning as in section 1. 
subsection 20 and includes a candidate's domestic partner and the immediate family of 
the candidate's domestic partner. 
Sec. B-2. 21-A MRSA §1122, sub-§7, as enacted by ill 1995, c. 1, §17, is 
amended to read: 
7. Qualifying contribution. "Qualifying contribution" means a donation: 
A. Of $5 in the form of a check or a money order payable to the fund. signed by the 
contributor and made in support of a candidate; 
B. Made by a registered voter within the electoral division for the office a candidate 
is seeking and whose voter registration has been verified by the municipal registrar; 
C. Made during the designated qualifying period and obtained with the knowledge 
and approval of the candidate; and 
D. That is aelmovlledged by a vlritten receipt that identifies the name and address of 
the donor the contributor acknowledges was made with the contributor's personal 
funds and in support of the candidate and was not given in exchange for anything of 
value and that the candidate acknowledges was obtained with the candidate's 
knowledge and approval and that nothing of value was given in exchange for the 
contribution, on forms provided by the commission. 
Sec. B-3. 21-A MRS A §1122, sub-§9, as amended by PL 2005, c. 301, §28, 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 by an individual who 
is a Maine resident, including a contribution from the candidate or the candidate's ffimi.ly 
spouse or domestic partner. To be eligible for certification, a candidate may collect and 
spend only seed money contributions subsequent to becoming a candidate as defined by 
section 1, subsection 5 and trn-oughout the qualifying period. A participating candidate 
who has accepted contributions or made expenditures that do not comply with the seed 
money restrictions under this chapter may petition the commission to remain eligiBle for 
certification as a Maine Clean Election Act candidate in accordance with rules of the 
commission, if the failure to eomply ',vas unintentional and does not constitute a 
significant infraction of these restrictions. Prior to certification, a candidate may obligate 
an amount greater than the seed money collected if the value of the goods and services 
received from a vendor does not e~tCeed the amount paid to the 'lendor. A candidate may 
not collect or spend seed money contributions after certification as a Maine Clean 
Election Act candidate. 
A seed money contribution must be reported according to 
procedures developed by the commission. 
Sec. B-4. 21-A MRSA §1124, sub-§2, ~, as amended by PL 2003, c. 673, Pt. 
EE, § I, is further amended to read: 
B. Two mfllion dollars of the revenues from the taxes imposed under Title 36, Parts 
and 8 and credited to ,the General Fund, transferred to the fund by the State 
Controller on or before January 1st of eaoh year, beginning JaHUary 1, 19992008 and 
2009, then on or before September 1 st of each year thereafter. These revenues must 
be offset in an equitable manner by an equivalent reduction within the administrative 
divisions of the legislative branch and executive branch agencies. This section may 
not affect the funds distributed to the Local Government Fund under Title 30-A, 
section 5681. 
If the oommission detemHnes that the fund vlill not have suffioient r~cenues to oover 
the likely demand for funds from the Maine Clean Eleotion Fund in an upooming 
oalendar year, by JaHUary 1st the oommission shall provide a report of its projeotions 
of the balanoes in the Maine Clean Eleotion Fund to the Legislature and the Governor 
and may request that the State Controller make the following transfers to the Maine 
Clean Eleotion Fund from the General Fund: 
(1) Up to $2,000,000 no later than February 28, 2006, refleoting an adyanoe of 
the transfer of the amounts that would be reoeived on or before January 1, 2007 
pursuant to this paragraph; 
(2) Up to $2,000,000 no later than July 31, 2006, refleoting an advanoe of the 
transfer of the amounts that 'Nould be reoeived on or before January 1, 2008 
pursuant to this paragraph; and 
(3) 
Up to $1,500,000 no later than September 1, 2004, refleeting a partial 
advanoe of the transfer of the amounts that would be reoeived on or before 
January 1, 2005 pursuant to this paragraph; 
Sec. B-S. 21-A MRSA §1124, sub-§3, as amended by PL 2001, c. 559, Pt. 00, 
§ 1, is further amended to read: 
3. Determination of fund amount. By September 1 st preoeding eaoh eleetion year, 
If the commission shall publish an estimate of rennue in the fund available for 
distribution to oertified oandidates during the upooming year's eleotions and an estimate 
of the likely demand for olean eleetions funding during that eleetion determines that the 
fund will not have sufficient revenues to cover the likely demand for funds from the 
Maine Clean Election Fund in an upcoming election, by January 1 st the commission shall 
provide a report of its projections of the balances in the Maine Clean Election Fund to the 
Legislature and the Governor. 
The commission may submit legislation to request 
additional funding or an advance on revenues to be transferred pursuant to subsection 2, 
paragraph B. 
Sec. B-6. 21-A MRSA §112S, as amended by PL 2005, c. 542, §§3 to 5, is further 
amended to read: 
§1125. Terms of participation 
1. Declaration of intent. A participating candidate must file a declaration of intent 
to seek certification as a Maine Clean Election Act candidate and to comply with the 
requirements of this chapter. The declaration of intent must be filed with the commission 
prior to or during the qualifying period, except as provided in subsection 11, according to 
forms and procedures developed by the commission. A participating candidate must 
submit a declaration of intent within 5 business days of collecting qualifYing 
contributions under this chapter, or the qualifying. Qualifying contributions collected 
before the declaration of intent has been flied will not be counted toward the eligibility 
requirement in subsection 3. 
2. Contribution limits for participating candidates. Subsequent to becoming a 
candidate as defined by section 1, subsection 5 and prior to certification, a participating 
candidate may not accept contributions, except for seed money contributions. 
A 
participating candidate must limit the candidate's total seed money contributions to the 
following amounts: 
A. Fifty thousand dollars for a gubernatorial candidate; 
B. One thousand five hundred dollars for a candidate for the State Senate; or 
C. Five hundred dollars for a candidate for the State House of Representatives. 
The qommission may, by rule, revise these amounts to ensure the effective 
implementation of this chapter. 
2-A. Seed monev report. Seed money contributions and expenditures must be 
reported according to procedures developed by the commission. 
A participating 
candidate shall report the name, residential address and the occupation and employer of 
every individual contributor regardless of the amount of the contribution. 
2-B. Documentation of seed money contributions required for gubernatorial 
candidates. For each seed money contribution regardless of amount, a candidate for 
Governor shall obtain a contribution card on a form prescribed by the commission that is 
signed by the contrilJutor and that contains the contributor's residential address, mailing 
address, emplQYS:r, occupation and telephone number, an acknowledgment that the seed 
money contribution was made with the contributor's personal funds and was not 
reimbursed by any source and any other information determined necessary by the 
commission. Candidates for Governor also shall keep a photocopy of each seed money 
contribution received by check or money order and all bank and merchant account 
statements of contributions received by debit or credit card. 
2-C. 
Seed money restrictions. To be eligible for certification, a participating 
candidate may collect and spend only seed money contributions subsequent to becoming 
a candidate, as defined bv section 1, subsection 5, and prior to certification. Unless 
~xc1uded from the definition of contribution in section 10 12, subsection 2 paragraph B, 
!:Ill goods and services received prior to certification must be paid for with seed money 
contributions. Prior to certificatiQ!h., a participating candidate may obligate an amount 
greater than the seed money collected for goods and services but may only receive that 
portion of goods and services that has been paid for or will be paid for with seed money. 
A participating candidate may not solicit, accept or collect seed money contributions after 
certification as a Maine Clean Election Act candidate. It is a violation of tlus chapter for 
a participating candidate to use fu..'1d revenues received after certification to pay for goods 
and services received. prior to certWcation. A participating candidate who has accepted 
contributions or made expenditures that do not comply with the seed money restrictions 
under this chapter may petition the commission to remain eligible for certification as a 
Maine Clean Election Act candidate in accordance with rules of the commission, if the 
failure to comply was unintentional and does not constitute a significant infraction of 
these restrictions. 
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 State 
must support the candidacy by 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 State House of Representatives, at least 50 verified 
registered voters from the candidate's electoral division must support the candidacy 
by providing a qualifying contribution to that candidate. 
A payment,' gift or anything of value may not be given in exchange for a qualifying 
contribution. 
A candidate may pay the fee for a money order that is a qualifying 
contribution in the amount of $5, whieh is a qualifyiag eoatributioa, as long as the donor 
making the qualifying contribution pays the $5 amount reflected on the money order. 
Any money order fees paid by a participating candidate must be paid for with seed money 
and reported in accordance with commission rules. A money order must be signed by the 
contributor to be a valid qualifying contribution. The commission may establish by 
routine technical rule, adopted in accordance with Title 5, chapter 375, subchapter 2-A, a 
procedure for a qualifying contribution to be made by a credit or debit transaction and by 
electronic funds transfer over the Internet. 
It is a violation of this chapter for a participating candidate or an agent of the participtaing 
candidate to misrepresent the purpose of soliciting qualifying contributions and obtaining 
the contributor's signed acknowledgement. 
4. 
Filing with commission. 
A participating candidate must submit qualifying 
contributions, receipt and acknowledgement forms, proof of verification of voter 
registration and a seed money report to the commission during the qualifying period 
according to procedures developed by the commission, except as provided under 
subsection 11. Candidates for Governor shall also submit photocopies of all seed money 
contributions received by check or money order, bank or merchant account statements of 
contributions received by credit or debit card, contribution cards required by subsection 
2-B and bank or other account statements for the campaign account. 
5. Certification of Maine Clean Election Act candidates. Upon receipt of a final 
submittal of qualifying contributions by a participating candidate, the commission or its 
executive director shall determine whether eF-ftet the candidate has: 
A. Signed and filed a declaration of intent to participate in this Act; 
B. Submitted the appropriate number of valid qualifying contributions; 
C. Qualified as a candidate by petition or other means; 
C-l. If the candidate is a gubernatorial candidate, raised at least $15.000 in seed 
money contributions; 
D. Not accepted contributions, except for seed money contributions, and otherwise 
complied with seed money restrictions; 
D-l. Not run for the same office as a nonparticipating candidate in a primary election 
in the same election year; aad 
D-2. Not been found to have made a material false statement in a report or other 
document submitted to the commission; 
D-3. 
Not had prior requests for certification denied on the basis of substantial 
violations of this chapter or chapter 13 or certification revoked under subsection 5-A, 
paragraphs C to G; 
D-4. Not failed to pay any civil penalty assessed by the commission under this Title, 
except that a candidate has 3 business days from the date of the request for 
certification to pay the outstanding penalty and remain eligible for certification; and 
E. 
Otherwise met the requirements for participation in this Act. 
The commission or its executive director shall certify a candidate complying with the 
requirements of this section as a Maine Clean Election Act candidate as soon as possible 
aM after final submittal of qualifying contributions and other supporting documents 
required under subsection 4 but no later than 3 business days after final submittal of 
qualifying contributions for legislative candidates and 5 business days for gubernatorial 
candidates. The commission and its executive director may take additional time if further 
investigation is necessary to verify compliance with this Act as long as the commission 
notifies the candidate regarding the anticipated schedule for conclusion of the 
investigation. 
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. 
5-A. Revocation of certification. The certification of a participating candidate may 
be revoked at any time if the commission determines that the candidate or an agent of the 
candidate: 
A. Did not submit the required number of valid qualifying contributions; 
B. Failed to qualify as a candidate by petition or other means; 
C. Submitted any fraudulent qualifying contributions or qualifying contributions that 
were not made by the named contributor; 
D. Misrepresented to a contributor the purpose of the qualifying contribution or 
obtaining the contributor's signature on the receipt and acknowledgement form; 
E. Failed to fully comply with the seed money restrictions; 
F. Knowingly accepted any contributions, including any in-kind contributions, or 
used funds other than fund revenues distributed under this chapter to make campaign-
related expenditures without the permission of the commission; 
G. Knowingly made a false statement or material misrepresentation in any report or 
other document required to be filed under this chapter or chapter 13; or 
H. Otherwise substantially violated the provisions of this chapter or chapter 13. 
The determination to revoke the certification of a candidate must be made by a vote of the 
members of the commission after an opportunity for a hearing. A candidate whose 
certification is revoked shall return all unspent funds to the commission within 3 days of 
the commission's decision and may be required· to return all funds distributed to the 
candidate. In addition to the requirement to return funds, the candidate may be subject to 
a civil penalty under section 1127. The candidate may appeal the commission's decision 
to revoke certification in the same manner provided in subsection 14, paragraph C. 
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 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 fund revenues in 
campaign bank accounts. All revenues distributed to a certified candidate from the fund 
must be used for campaign-related purposes. The candidate, the treasurer, the candidate's 
committee authorized pursuant to section 10 13-A, subsection 1 or any agent of the 
candidate and committee may not use these revenues for any but campaign-related 
purposes. A candidate may not spend fund revenues on payments to the candidate, a 
member of the candidate's immediate family or a business or nonprofit entity affiliated 
with the candidate, except to make payment for goods or property provided to the 
candidate's campaign. A candidate may not use fund revenues to payor reimburse a 
member of the candidate's immediate family for services provided to the campaign. The 
commission shall publish guidelines outlining permissible campaign-related expenditures. 
6-A. Assisting a person to become an opponent. A candidate or a person who later 
becomes a candidate and who is seeking certification under subsection 5, or an agent of 
that candidate, may not assist another person in qualifying as a candidate for the same 
office if such a candidacy would result in the distribution of revenues under subsections 7 
and 8 for certified candidates in a contested election. 
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. 
A. Within 3 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 No later than 3 days after the primary elec1ion 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. 
7-A. Deposit into account. The candidate or committee authorized pursuant to 
section 10 I3-A, subsection 1 shall deposit all revenues from the fund and all seed money 
contributions in a campaign account with a bank or other financial institution. The 
campaign funds must be segregated from, and may not be commingled with, any other 
funds. 
8. Amount of fund distribution. By July 1, 1999 of the effective date of this Act, 
and 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. 
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 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 $600,000 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. 
I 
9. Matching funds. When any oampaign, finanoe or eleotion report required under 
this chapter or chapter 13 shows that the sum of a candidate's expenditures or obligations, 
or funds raised or borrowed contributions and loans, or fund revenues received, 
whichever is greater, alone or in conjunction with independent expenditures reported 
under section 10 19-B, exceeds the distribution amount under subseotion g sum of an 
opposing certified candidate's fund revenues, in conjunction with independent 
expenditures, the commission shall issue immediately to any the opposing Maine Clean 
Eleotion Act certified candidate an additional amount equivalent to the reported exoess 
difference. Matching funds for certified candidates for the Legislature are limited to 2 
times the amount originally distributed under subsection 8, paragraph A, or C, E or F, 
whichever is applicable. 
Matching funds for certified candidates in a gubernatorial 
election are limited to the amount originally distributed under subsection 8, paragraph E 
or F, whichever is applicable. 
10. Candidate not enrolled in a party. An unenrolled candidate oertified who 
submits the required number of qualifying contributions and other required documents 
).lnder subsection 4 by 5:00 p.m. on April 15th preceding the primary election and who is 
certified is eligible for revenues from the fund in the same amounts and at the same time 
as an uncontested primary election candidate and a general election candidate as specified 
in subsections 7 and 8. }':er Otherwise, an unenrolled candidate not certified by April 
15th at 5 :00 p.m. the deadline for filing must submit the required number of qualifying 
contributions is and the other required documents under subsection 4 by 5:00 p.m. on 
June 2nd preceding the general election. III unefH'olled oandidate oertified after April 
15th at 5:00 p.m. If certified, the candidate is eligible for revenues from the fund in the 
same amounts as a general election candidate, as specified in subsections 7 and 
subsection 8. Revenues for the general election must be distributed to the candidate no 
later than 3 days after certification. 
11. Other procedures. The commission shall establish by rule procedures for 
qualification, certification, disbursement of fund revenues and return of unspent fund 
revenues for races involving special elections, recounts, vacancies, withdrawals or 
replacement candidates. 
12. Reporting; unspent revenue. Notwithstanding any other provision of law, 
participating and certified candidates shall report any money collected, all campaign 
expenditures, obligations and related activities to the commission according to procedures 
developed by the commission. Upon the fiiing of a final report for any primary election 
in which the candidate was defeated and for all general elections that candidate shall 
return all unspent fund revenues to the commission. In developing these procedures, the 
commission shall utilize existing campaign reporting procedures whenever practicable. 
The commission shall ensure timely public access to campaign finance data and may 
utilize electronic means of reporting and storing information. 
12-A. Required records. The treasurer shall obtain and keep: 
A. Bank or other account statements for the campaign account covering the duration 
of the campaign; 
B. A vendor invoice stating the particular goods or services purchased for every 
expenditure of $50 or more; and 
C. A record proving that a vendor received payment for every expenditure of $50 or 
more in the form of a cancelled check, cash receipt from the vendor or bank or credit 
card statement identifying the vendor as the payee. 
The treasurer shall preserve the records for 2 years following the candidate's final 
campaign finance report for the election cycle. The candidate and treasurer shall submit 
photocopies of the records to the commission upon its request. 
12-B. Audit requirements for candidates for Governor. The commission shall 
audit the campaigns of candidates for Governor who receive funds under this chapter to 
verify compliance with election and campaign laws and rules. Within one month of 
declaring an intention to qualify for public financing, a candidate for Governor, the 
campaign's treasurer and any other relevant campaign staff shall meet with the staff of the 
commission to discuss audit standards, expenditure guidelines and record-keeping 
requirements. 
13. 
Distributions not to exceed amount in fund. 
The comnussIOn 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. 
14. Appeals. 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 or its executive director 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, except that the 
commission may extend this period upon agreement of the challenger and the 
candidate whose certification is the subject of the appeal, or in response to the request 
of either party upon a showing of good cause. The appellant has the burden of 
providing evidence to demonstrate proving that the commission certification decision 
was improper in error as a matter of law or was based on factual error. 
The 
commission must rule on the appeal within J 5 business 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, sHasection 2, paragraphs D and E within 5 days of the date of the 
commission's decision. The action must be conducted in accordance with Rule 80C 
of the Maine Rules of Civil Procedure, except that the court shall issue its written 
decision within 20 days of the date of the commission's decision. Any aggrieved 
party may appeal the decision of the Superior Court by filing a notice of appeal 
within 3 days of that decision. The record on appeal must be transmitted to the Law 
Court within 3 days after the notice of appeal is filed. After filing the notice of 
appeal, the parties have 4 days to file briefs and appendices with the clerk of the 
court. The court shall consider the case as soon as possible after the record and briefs 
have been filed and shall issue its decision within 14 days of the decision of the 
Superior Court. 
D. 
A candidate whose certification ay the colllIllission as a Maine Clean Election 
Act candidate is revoked reversed on appeal must return to the commission any 
unspent revenues distributed from the fund. If the commission or court fiHd finds 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 
PART A 
Part A makes changes affecting campaign finance reports in the Maine Revised 
Statutes, Title 21-A, chapter 13. Specifically, Part A: 
1. Amends the definition of "person" to remove the word "group"; 
2. Eliminates the requirement that the office of the Commission on Governmental 
Ethics and Election Practices remain open after 5:00 p.m. on election day; 
3. Adds the term "domestic partner" in sections referring to a candidate's spouse and 
includes a definition for the term in the general definition section for Title 21-A; 
4. 
Exempts lists of registered voters obtained by party committees from the 
definitions of "contributions" and "expenditures"; 
5. 
Includes facilities owned by a candidate's immediate family in determining 
whether an exception to expenditure is applicable; 
6. Clarifies that a state party committee can provide a total of only 20 hours of 
assistance to a candidate in an election without making a contribution to that candidate 
and expands the type of service provided from "advice" to "assistance"; 
7. Allows party candidate listings to treat federal candidates differently from other 
state candidates if required by federal election law and to include campaign slogans and 
logos; 
8. Eliminates the requirement that Maine Clean Election Act candidates sign and file 
the voluntary spending limits statement; 
9. Requires an outgoing treasurer to certify in writing the accuracy of a campaign's 
records; 
10. Removes the requirement that the address be included in the disclosure statement 
in campaign communications financed by the candidate that are aired on the radio; 
11. Requires that communications that name or depict a clearly identified candidate 
within 21 days before a primary election or 60 days before a general election contain the 
disclosure statement, unless the communication's purpose has a purpose other than 
influencing an election; 
12. 
Extends the prohibition against broadcasting communications without the 
] 2 
disclosure statement to agents of a broadcasting station and to online versions of 
] 3 
newspapers; 
] 4 
13. Extends the time period during which fines will be assessed for communications 
that lack the disclosure statement; 
14. 
Establishes disclosure requirements regarding certain automated and live 
telephone calls to voters; 
] 8 
15. Clarifies that funds that are earmarked for a candidate through a conduit or 
intermediary are considered contributions to the candidate; 
16. Clarifies expenditure limitations in legislative elections; 
17. Requires that sole proprietorships and their owners be treated as a single entity 
for the purposes of contribution limits; 
18. Removes the requirement that federal candidates and state party committees file 
federal campaign finance reports with the commission; 
19. Revises the report filing schedule for candidates, party committees and political 
action committees to allow the commission to have more complete information upon 
which to base matching fund calculations; 
20. Establishes a single 24-hour reporting requirement applicable to all candidates, 
party committees and political action committees; 
21. Changes the amount of a campaign surplus or deficit from $50 to $100 that 
requires candidates to file semiannual reports with the commission; 
22. Requires party committees to retain records of contributions and expenditures 
and receipts for expenditures; 
23. 
Expands the period during which a communication that names or depicts a 
clearly identified candidate is presumed to be an independent expenditure to 21 days 
before a primary election or 60 days before a general election and requires independent 
expenditure reports to contain a description of the communications made; 
24. Increases the fine for not registering as a candidate from $10 to $100 and raises 
the amount of the penalty waiver for a late-filed report for candidates, party committees 
and political action committees from $5 to $10; 
25. Clarifies when an electronically submitted or facsimile copy is allowed; 
26. Increases the triggering threshold for political action committees from $50 to 
$1,500; 
27. Requires political action committees to identify, upon registering, Legislators 
who have a significant role in fund-raising or decision-making for the committee; 
28. Requires political action committees to file an initial campaign finance report 
upon registering with the commission; and 
29. Clarifies the conditions for dissolving a political action committee. 
PARTB 
Part B makes changes affecting the Maine Clean Election Act in the Maine Revised 
Statutes, Title 21-A, chapter 14. Specifically, Part B: 
1. Adds a definition of "immediate family"; 
2. Clarifies the requirements for a valid qualifying contribution; 
3. Requires that seed money come from Maine residents only and adds restrictions in 
collection and use of seed money; 
4. Requires a transfer of funds to the Maine Clean Election Fund on or before 
September 1st of each year, instead of January 1st, beginning on September 1,2010; 
5. 
Allows the commission to request an advance on the annual amount to be 
transferred if there will be insufficient funds for an upcoming election; 
6. Clarifies that Maine Clean Election Act funds cannot be used to pay for goods and 
services received during the qualifying period; 
7. Adds new conditions for certification, including whether a candidate has made 
material false statements to the commission or has been denied certification or had 
certification revoked due to substantial violations of election laws; 
8. Requires gubernatorial candidates to raise at least $15,000 in seed money in order 
to be certified and establishes procedures for the documentation of seed money 
contributions to gubernatorial candidates seeking certification; 
9. Extends the period of time the commission has to certify gubernatorial candidates 
and allows the commission to take additional time to certify a candidate if a compliance 
investigation is necessary; 
10. Creates a process for the commission to revoke certification; 
11. Increases the amount of the initial distribution to a gubernatorial candidate in the 
general election to $600,000 and limits the amount of matching to an equivalent amount; 
12. Prohibits Maine Clean Election Act candidates from using public funds to pay 
for services provided by the candidate or immediate family members; 
13. Requires the commission staff to audit all gubernatorial candidates who receive 
Maine Clean Election Act funds and requires gubernatorial candidates and campaign staff 
to meet with the commission staff in order to discuss spending and record-keeping 
requirements within one month of the candidate's declaring an intention to seek public 
financing under the Maine Clean Election Act; 
14. 
Clarifies the matching funds provision to include all contributions and fund 
distributions in calculating matching funds; 
15. Clarifies the amount and timing of distributions to unenrolled candidates; and 
16. 
Updates the provisions regarding appeals from the commission's decisions 
regarding certification.