An Act To Eliminate Maine Clean Election Act Funding for Gubernatorial Candidates
Maine Legislature, Session 124, LD 0921
Committee: Legal and Veterans Affairs
Sponsors: DAVIS, CLARK, PLOWMAN, SHERMAN, SMITH, AUSTIN, FITTS, JOY, STRANG BURGESS, TARDY
Amends: 21-A MRSA §1122, 21-A MRSA §1123, 21-A MRSA §1125

Legislative Document 
No. 921 
S.P.343 
In Senate, March 10, 2009 
An Act To Eliminate Maine Clean Election Act Funding for 
Gubernatorial Candidates 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator DAVIS of Cumberland. 
Cosponsored by Representative CLARK of Easton and 
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JOY J. O'BRlEN 
Secretary of the Senate 
Senators: PLOWMAN of Penobscot, SHERMAN of Aroostook, SMITH of Piscataquis, 
Representatives: AUSTIN of Gray, FITTS of Pittsfield, JOY of Crystal, STRANG BURGESS 
of Cumberland, TARDY of Newport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §1122, sub-§l, as enacted by ill 1995, c. 1, §17, is amended 
to read: 
1. 
Certified candidate. 
"Certified candidate" means a candidate running for 
Governor, State Senator or State Representative who chooses to participate in the Maine 
Clean Election Act and who is certified as a Maine Clean Election Act candidate under 
section 1125, subsection 5. 
Sec. 2. 21-A MRSA §1122, sub-§5, as enacted by ill 1995, c. 1, §17, is amended 
to read: 
5. Nonparticipating candidate. "Nonparticipating candidate" means a candidate 
running for Governor, State Senator or State Representative who does not choose to 
participate in the Maine Clean Election Act and who is not seeking to be certified as a 
Maine Clean Election Act candidate under section 1125, subsection 5. 
Sec. 3. 21-A MRSA §U22, sub-§6, as enacted by ill 1995, c. 1, §17, is amended 
to read: 
6. Participating candidate. "Participating candidate" means a candidate who is 
running for Governor, State Senator or State Representative who is seeking to be certified 
as a Maine Clean Election Act candidate under section 1125, subsection 5. 
Sec. 4. 21-A MRSA §1122, sub-§8, arrA, as amended by PL 2001, c. 465, §3, is 
repealed. 
Sec. 5. 21-A MRSA §1123, as enacted by ill 1995, c. 1, §17, is amended to read: 
§1123. Alternative campaign financing option 
This chapter establishes an alternative campaign financing option available to 
candidates running for Governor, State Senator and State Representative. This alternative 
campaign financing option is available to candidates for elections to be held beginning in 
the year 2000. The commission shall administer this Act and the fund. 
Candidates 
participating in the Maine Clean Election Act must also comply with all other applicable 
election and campaign laws and regulations. 
Sec. 6. 21-A MRSA §U24, sub-§l, as enacted by ill 1995, c. 1, § 17, is amended 
to read: 
1. 
Established. 
The Maine Clean Election Fund is established to finance the 
election campaigns of certified Maine Clean Election Act candidates running for 
Governor, State Senator and State Representative and to pay administrative and 
enforcement costs of the commission related to this Act. The fund is a special, dedicated, 
nonlapsing fund and any interest generated by the fund is credited to the fund. The 
commission shall administer the fund. 
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Sec. 7. 21-A MRSA §1125, sub-§2, ~A, as enacted by IE 1995, c. 1, §17, is 
repealed. 
Sec. 8. 21-A MRSA §1125, sub-§3, e;TA, as amended by PL 2007, c. 240, Pt. F, 
§1 and c. 443, Pt. B, §6, is repealed. 
Sec. 9. 21-A MRS A §1125, sub-§4, as amended by PL 2007, c. 443, Pt. B, §6, is 
further amended to read: 
4. 
Filing with commission. 
A participating candidate must submit qualifying 
contributions, receipt and aclmowledgement 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 and bank or other account statements for the 
camoai£n account. 
Sec. 10. 21-A MRS A §1125, sub-§5, as amended by PL 2007, c. 443, Pt. B, §6, 
is further amended to read: 
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 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; 
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; 
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 
after final submittal of qualifying contributions and other supporting documents required 
under subsection 4 but no later than 3 business days for legislative candidates ~ 
business days for gubernatorial cm1didates. 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. 
A certified candidate must comply with all requirements of tlllS Act after certification and 
throughout the primary and general election periods. Failure to do so is a violation of this 
chapter. 
Sec. H. 21-A MRSA §1125, sub-§8, ~, as enacted by PL 2003, c. 453, §1, is 
repealed. 
Sec. 12. 21-A MRSA §1125, sub-§8, 'ifF, as amended by PL 2007, c. 443, Pt. B, 
§6, is repealed. 
Sec. 13. 21-A MRSA §1125, sub-§9, as amended by PL 2007, c. 443, Pt. B, §6, 
is further amended to read: 
9. Matching funds. When any report required under tlllS chapter or chapter 13 
shows that the sum of a candidate's expenditures or obligations, contributions and loans, 
or fund revenues received, willchever is greater, in conjunction with independent 
expenditures reported under section 1019-B, exceeds the sum of an opposing certified 
candidate's fund revenues, in conjunction with independent expenditures, the commission 
shall issue immediately to the opposing certified candidate an additional amount 
equivalent to the 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, whichever is applicable. Matching funds for certified gubernatorial candidates in a 
primary election are limited to 2 times the amount originally distributed under subsection 
8, paragraph E. 
Matching funds for certified gubernatorial cm1didates in a general 
election are limited to the amount originally distributed under subsection 8. paragraph F. 
Sec. 14. 21-A MRSA §1125, sub-§12-B, as enacted by PL 2007, c. 443, Pt. B, 
§6, is repealed. 
Sec. 15. 21-A MRSA §1125, sub-§13, as enacted by ill 1995, c. 1, §17, IS 
amended to read: 
13. 
Distributions not to exceed amount in fund. 
The commission may not 
distribute revenues to certified candidates in excess of the total amount of money 
deposited in the fund as set forth in section 1124. Notwithstanding any other provisions 
of this chapter, if the commission detennines that the revenues in the fund are insufficient 
to meet distributions under subsections 8 or 9, the commission may pennit certified 
candidates to accept and spend contributions, reduced by any seed money contributions, 
aggregating no more than $500 per donor per election for guaemater-ial-Handidates 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. 
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SUMMARY 
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This bill eliminates Maine Clean Election Act funding for gubernatorial candidates. 
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