An Act To Improve Disclosure of Campaign Finance Information and the Operation of the Maine Clean Election Act .
Maine Legislature, Session 124, LD 1546
Committee Amendment CA_A_S395 (Senate)
Amends: 5 MRSA §19, 21-A MRSA §1019-B, 21-A MRSA §1056-B, 21-A MRSA §1125

COMMITTEE AMENDMENT "A " to S.P. 592, L.D. 1546, Bill, "An Act To 
Improve Disclosure of Campaign Finance Information and the Operation of the Maine 
Clean Election Act" 
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Amend the bill by striking out all of sections 1 to 4 and inserting the following: 
'Sec. 1. 5 MRSA §19, sub-§l,~, as repealed and replaced by PL 1989, c. 561, 
§ 13, is amended to read: 
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E. "Gift" means anything of value, including forgiveness of an obligation or debt, 
given to a person without that person providing equal or greater consideration to the 
giver. "Gift" does not include: 
(1) Gifts received from a single source during the reporting period with an 
aggregate value of $3 00 01' less; 
(2) A bequest or other form of inheritance; and 
(3) A gift received from a relative or from an individual on the basis of a 
personal friendship as long as that individual is not a registered lobbyist 01' 
lobbyist associate under Title 3, section 313, unless the employee has reason to 
believe that the gift was provided because of the employee's official position and 
not because of a personal friendship. 
Sec. 2. 5 MRS A §19, sub-§2, as amended by PL 2007, c. 704, §5, is further 
amended to read: 
2. Statement of sources of income. Each executive employee shall annually file 
with the Commission on Governmental Ethics and Election Practices a sworn and 
notarized statement of finances for the preceding calendar year. The statement must 
indicate: 
A. If the executive employee is an employee of another person, firm, corporation, 
association 01' organization, the name and address of the employer and each other 
source of income of $1 ,000 or more; 
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B. If the executive employee is self-employed, the name and address of the executive 
employee's business and the name of each source of income derived from self-
employment that represents more than 10% of the employee's gross income or 
$1,000, whichever is greater, except that, if this form of disclosure is prohibited by 
statute, rule or an established code of professional ethics, the employee shall specify 
the principal type of economic activity from which the income is derived. 
With 
respect to all other sources of income, a self-employed executive employee shall 
name each source of income of $1,000 or more. The employee shall also indicate 
major areas of economic activity and, if associated with a partnership, firm, 
professional association or similar business entity, the major areas of economic 
activity of that entity; 
C. The specific source of each gift received; 
D. The type of economic activity representing each source of income of $1,000 or 
more that any member of the immediate family of the executive employee received 
and the name of the spouse or domestic partner of the executive employee. The 
disclosure must include the job title of the executive employee and immediate family 
members if the source of income is derived from employment or compensation; 
E. The name of each source of honoraria that the executive employee accepted; 
F. 
Each executive branch agency before which the executive employee or any 
immediate family member has represented or assisted others for compensation; and 
G. Each executive branch agency to which the executive employee or the employee's 
immediate family has sold goods or services with a value in excess of $1 ,000. 
In identifying the source of income, it is sufficient to identify the name and address and 
principal type of economic activity of the corporation, professional association, 
partnership, financial institution, nonprofit organization or other entity or person directly 
providing the income to the individual. 
With respect to income from a law practice, it is sufficient for attorneys-at-law to indicate 
their major areas of practice and, if associated with a law firm, the major areas of practice 
of the firm. 
Sec. 3. 5 MRSA §19, sub-§2-A, as enacted by PL 2007, c. 704, §6, is amended to 
read: 
2-A. Statement of interests. Beginning in 2010, each executive employee shall 
annually file with the Commission on Governmental Ethics and Election Practices a 
sworn and notarized statement of those positions set forth in this subsection for the 
preceding calendar year. The statement must include: 
A. 
Any offices, trusteeships, directorships or positions of any nature, whether 
compensated or uncompensated, held by the executive employee with any for-profit 
or nonprofit firm, corporation, association, partnership or business; and 
B. 
Any offices, trusteeships, directorships or positions of any nature, whether 
compensated or uncompensated, held by a member of the immediate family of the 
executive employee with any for-profit or nonprofit firm, corporation, association, 
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partnership or business and the name of that member of the executive employee's 
immediate family. 
Sec. 4. 
21-A MRSA §lO03, sub-§l, as amended by PL 2005, c. 301, -§5, is 
fUl1her amended to read: 
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1. 
Investigations. 
The commission may undel1ake audits and investigations to 
determine the facts concerning the registration of a candidate, treasurer, political 
committee or political action committee and contributions by or to and expenditures by a-
-person, candidate, treasurer, political committee or political action committee. For this 
purpose, the commission may subpoena witnesses and records whether located within or 
without the State and take evidence under oath. A person or political action committee 
that fails to obey the lawful subpoena of the commission or to testifY before it under oath 
must be punished by the Superior COUl1 for contempt upon application by the Attorney 
General on behalf of the commission. 
Sec.S. 21-A MRSA §l017, sub-§3-B, as amended by PL 2009, c. 190, Pt. A, §6, 
is f1ll1her amended to read: 
3-B. 
Accelerated reporting schedule. 
Additional rep0l1s are required from 
nonpal1icipating 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 cel1ified as a Maine Clean 
Election Act candidate under chapter 14 and who receives, spends or obligates more 
than the primalY 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. 
B. A nonpat1icipating candidate who is required to file a rep0l1 under paragraph A 
shall file no later than 5 :00 p.m.: 
(1) For legislative candidates in a primaty election only, a report on the 42nd day 
before the date on which a primary election is held that is complete as of the 44th 
day before that date; 
(2) For gubernatorial candidates only, a repol1 on the 25th day before the date on 
which an election is held that is complete as of the 27th day before that date; 
(3) A rep0l1 on the 18th day before the date on which an election is held that is 
complete as of the 20th day before that date; and 
(4) A repol1 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 rep0l1s 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. 
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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 report under paragraph A must file with the 
commission an updated report that reports single expenditures in the following 
amounts that are made after the 14th day before an election and more than 24 hours 
before 11 :59 p.m. on the date of that election: 
(1) For a candidate for Governor, a single expenditure of$I,OOO; 
(2) For a candidate for the state Senate, a single expenditure of $750; and 
(3) For a candidate for the state House of Representatives, a single expenditure 
of$500. 
A report filed pursuant to this paragraph must be filed within 24 hours of the 
expenditure. 
The commission shall provide forms to facilitate compliance with this subsection. The 
commission shall notify a candidate within 48 hours if an amount reported on any repmi 
under paragraph B exceeds the primary or general election distribution amounts for a 
Maine Clean Election Act candidate in the same race and no report has been received 
under paragraph A. If alI Maine Clean Election Act candidates in the same race have 
received authorization to spend the maximum matching funds under section 1125, section 
9, the commission may waive the reports required by this section. 
Sec. 6. 21-A MRSA §1019-B, sub-§3, as enacted by PL 2003, c. 448, §3 and 
amended by PL 2009, c. 366, §5 and affected by § 12, is repealed and the following 
enacted in its place: 
3. Report required; content; rules. A person, party committee, political committee 
or political action committee that makes independent expenditures aggregating in excess 
of $100 during anyone candidate's election shall file a report with the commission. In 
the case of a municipal election, a copy of the same information must be filed with the 
municipal clerIc 
A .. A report required by this subsection must be filed with the commission according 
to a reporting schedule that the commission shalI establish by rule that takes into 
consideration existing campaign finance reporting requirements and matching fund 
provisions under chapter 14. Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
B. A repmi required by this subsection must contain an itemized account of each 
expenditure aggregating in excess of $100 in anyone candidate's election, the date 
and purpose of each expenditure and the name of each payee or creditor. The repmi 
must state whether the 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 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. 
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C. A repOlt required by this subsection mllst be on a form prescribed and prepared by 
the commission. A person filing this report may use additional pages if necessaly, 
but the pages must be the same size as the pages of the form. 
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This subsection is repealed August 1, 20 II. 
Sec. 7. 21-A MRSA §1019-B, suh-§4 is enacted to read: 
4. Report required; content; rules. A person, PaJiy committee, political committee 
or political action committee that makes independent expenditures aggregating in excess 
of $100 during anyone candidate's election shall file a repOlt with the commission. In 
the case of a municipal election in a town or city that has chosen to be governed by this 
subchapter, a copy of the same information must be filed with the municipal clerk. 
A. A report required by this subsection must be filed with the commission according 
to a reporting schedule that the commission shall establish by rule that takes into 
consideration existing campaign finance reporting requirements and matching fund 
provisions under chapter 14. Rules adopted pursuant to this paragraph are routine 
. technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
B. A repOlt required by this subsection must contain an itemized account of each 
expenditure aggregating in excess of $100 in anyone candidate's election; the date 
and purpose of each expenditure and the name of each payee or creditor. The repOlt 
must state whether the 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 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. 
C. A report required by this subsection must be on a form prescribed and prepared by 
the commission. A person filing this repOlt may use additional pages if necessaly, 
but the pages must be the same size as the pages of the form. 
This subsection takes effect August 1,2011. 
Sec. 8. 21-A MRS A §1056-B, first~, as amended by PL 2009, c. 190, Pt. A, §20 
and c. 366, § 7 and affected by § 12, is repealed and the following enacted in its place: 
A person not defined as a political action committee who receives contributions or 
. makes expenditures, other than by contribution to a political action committee, 
aggregating in excess of $5,000 for the purpose of initiating, promoting,' defeating or 
influencing in any way a campaign as defined by section 1052, subsection I, must file 
reports with the commission in accordance with this section. For the purposes of this 
section, "campaign" does not include activities to promote or defeat or in any way 
influence the nomination or election of a candidate. 
Within 7 days of receiving 
contributions or making expenditures that exceed $5,000, the person shall register with 
the commission as a ballot question committee. 
For the purposes of this section, 
expenditures include paid staff time spent for the purpose of influencing in any way a 
campaign. The commission must prescribe forms for the registration, and the forms must 
include specification of a treasurer for the committee, any other principal officers and all 
individuals who are the primary fund-raisers and decision makers for the committee. 
Until July 31, 20 II, in the case of a municipal election, the registration and repOlts must 
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be filed with the clerk of that municipality. Beginning August I, 20 II, in the case of a 
municipal election, the registration and reports must be filed with the commission. 
Sec. 9. 21-A MRSA §1056-B, sub-§2, as amended by PL 2009, c. 190, Pt. A, 
§20, is further amended to read: 
2. Content. A report must contain an itemized account of each expenditure made to 
and contribution received from a single source aggregating in excess of $100 in any 
election; the date .of each contribution; the date and purpose of each expenditure; the 
name and address of each contributor, payee or creditor; and the occupation and principal 
place of business, if any, for any person who has made contributions exceeding $100 in 
the aggregate. The filer is required to report only those contributions made to the filer for 
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the purpose of initiating, promoting, defeating or influencing in any way a ballot question 
campaign and only those expenditures made for those purposes. 
The definitions of 
"contribution" and "expenditure" in section 1052, subsections 3 and 4, respectively, apply 
to persons required to file ballot question reports. 
Sec. 10. 21-A MRSA §1056-B, sub-§2-A, ~A, as enacted by PL 2007, c. 477, 
§4, is amended to read: 
A. 
Funds that the contributor specified were given in connection with a aaJtet 
auestion campaign; 
Sec. 11. 21-A MRSA §1056-B, sub-§2-A, ~, as enacted by PL 2007, c. 477, 
§4, is amended to read: 
B. Funds provided in response to a solicitation that would lead the contributor to 
believe that the funds would be used specifically for the purpose of initiating, 
promoting, defeating or influencing in any way a ballot question campaign; 
Sec. 12. 21-A MRSA §1056-B, sub-§2-A, ~C, as enacted by PL 2007, c. 477, 
§4, is amended to read: 
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C. Funds that can reasonably be determined to have been provided by the contributor 
for the purpose of initiating, promoting, defeating or influencing in any way a aaJtet 
question campaign when viewed in the context of the contribution and the recipient's 
activities regarding a ballot question campaign; and 
Sec. 13. 21-A MRSA §1056-B, sub-§4, ~A, as enacted by PL 2007, c. 477, §4, 
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is amended to read: 
A. The filer shall keep a detailed account of all contributions made to the filer for the 
purpose of initiating, promoting, defeating or influencing in any way a hnrrAt 1111~<:tiAn 
campaign and all expenditures made for those purposes. 
Sec. 14. 21-A MRS A §1125, sub-§2-B, as enacted by PL 2009, c. 363, §3, is 
amended to read: 
2-B. Seed money required for gubernatorial candidates; documentation. For 
seed money contributions that a candidate for Governor collects to satisfY the requirement 
in subsection 5, paragraph C-I, the candidate shall obtain the contributor's name, 
residence address, mailing address, telephone number if provided by the contributor and 
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other information required for repOl1ing under section 1017, subsection 5. 
For these 
contributions, the candidate shall submit to the commission during the qualifying period: 
A. A contribution acknowledgment form as determined by the commission, to be 
completed by each person that contributes seed money, that includes the name, 
residence address, mailing address, optional telephone number and signature of the 
person making the seed money contribution acknowledging that the contribution was 
made with the person's personal funds and will not be reimbursed by any source; 
B. A list of the seed money contributions in a format determined by the commission 
that includes the name and mailing address of the contributor; 
C. For seed money contributions received by check or money order, photocopies of 
the check or money order; and 
D. For seed money contributions received by debit or credit card, a bank or merchant 
account statement that contains the cardholder's name and that otherwise meets the 
requirements specified by the commission in order to verify compliance with 
subsection 5, paragraph C-I. 
The commission may permit the submission of an online or electronic acknowledgment 
form as required by paragraph A for seed money contributions made via the Internet. The 
telephone numbers, e-mail addresses and bank account and credit card information of 
contributors that candidates have submitted to thecomrriission pursuant to this subsection 
are confidential, except that the commission may disclose this information in a final audit 
or investigation report or determination if the information or record is materially relevant 
to a finding offact or violation.' 
Amend the bill by insel1ing after section 6 the following: 
'Sec. 7. 21-A MRSA §1125, sub-§13, as enacted by IB 1995, c. I, § 17 and 
amended by PL 2009, c. 302, §22 and affected by §24, is repealed and the following 
enacted in its place: 
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 fOl111 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 subsection 8 or 9, the commission may permit certified 
candidates to accept and spend contributions, reduced by any seed money contributions, 
aggregating no more than $750 per donor per election for gubernatorial candidates and 
$350 per donor per election for State Senate and State House candidates, up to the 
applicable amounts set fOl1h in subsections 8 and 9 according to rules adopted by the 
commission. 
This subsection is repealed September 1,20 II. 
Sec. 8. 21-A MRSA §1125, sub-§13-A is enacted to read: 
13-A. Distributions not to exceed amount in fund. The commission may not 
distribute revenues to cel1ified candidates in excess of the total amount of money 
deposited in the fund as set fOl1h in section 1124. Notwithstanding any other provisions 
of this chapter, if the commission determines that the revenues in the fund are insufficient 
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to meet distributions under subsection 8-A or 9, the commission may permit certified 
candidates to accept and spend contributions, reduced by any seed money contributions, 
aggregating no more than $750 per donor per election for gubernatorial candidates and 
$350 per donor per election for State Senate and State House· candidates, up to the 
applicable amounts set forth in subsections 8-A and 9 according to rules adopted by the 
commission. 
This subsection takes effect September 1,2011.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
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This amendment strikes the provisions in the bill that change the reporting thresholds 
for political action committees, party committees and ballot question committees. The 
amendment exempts certain personal gifts from disclosure in the statement of sources of 
income that executive branch employees file with the Commission on Governmental 
Ethics and Election Practices. The exemption is for gifts made to the employee on the 
basis of personal friendship from sources other than lobbyists, as long as the employee 
has no reason to believe that the gift was made because of the employee's official 
position. The amendment also removes the requirement that the employee swear to the 
statement before filing it with the commission. 
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The amendment permits the commISSIOn to subpoena records and testimony of 
witnesses from sources outside the State. It also permits the commission to waive the 
filing of trigger and accelerated campaign finance reports by traditionally financed 
candidates whose Maine Clean Election Act opponents have received the maximum 
amount of matching funds. 
For individuals or groups who are required to file 
independent expenditure reports of expenditures made to influence candidate elections, 
the amendment deletes the requirement to report contributions received. 
Under the amendment, if the commission receives a document from a gubernatorial 
candidate seeking Maine Clean Election Act funding that contains telephone numbers, e-
mail addresses or bank account or credit card information of the. candidate's contributors, 
the commission shall keep that information confidential, with limited exceptions. Also, 
the amendment clarifies that, starting in the 20 10 elections, if there is insufficient money 
in the Maine Clean Election Fund, the commission may permit publicly funded 
candidates to raise contributions in the same amounts as traditionally financed candidates. 
The amendment clarifies what triggers reporting under the laws governing ballot 
question committee.s by replacing language with a cross-reference to an existing 
definition of "campaign." 
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The amendment also corrects conflicts in current law. 
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