An Act To Repeal the Maine Clean Election Act (\,
Maine Legislature, Session 124, LD 0205
Committee: Legal and Veterans Affairs
Sponsors: CEBRA, ROBINSON
Amends: 1 MRSA §1008, 1 MRSA §1015, 21-A MRSA §153-A, 21-A MRSA §1017, 21-A MRSA §1018-B, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 36 MRSA §5286

FIRST RF,GULAR SESSION-2009 
Legislative Document 
No. 205 
H.P.170 
House of Representatives, January 21, 2009 
An Act To Repeal the Maine Clean Election Act 
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Reference to the Committee on Legal and Veterans Affairs suggested and ordered plinted . 
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Presented by Representative CEBRA of Naples. 
Cosponsored by Representative: ROBINSON of Raymond. 
Printed (Ill rl!cydcd p<lpcr .. 
'-77l~ 1J1.11!I1C~W{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §1008, sub-§2, as amended by PL 2001, c. 430, §4, is further 
amended to read: 
2. 
Election practices. 
To administer and investigate any violations of the 
requirements for campaign reports and campaign financing, includine: the oro','isions of 
the Maine Clean Election Act and the Maine Clean Election Fund; 
Sec. 2. 1 MRSA § 1 008, su b-§4, as amended by IB 1995, c. I, § 5, is further 
amended to read: 
4. Lobbyist activities. To administer the lobbyist disclosure laws, Title 3, chapter 
15; and 
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Sec. 3. 1 MRSA §1008, sub-§5, as enacted by IB 1995, c. I, §6, is repealed. 
Sec. 4. 1 MRSA §1015, sub-§3, EffA, as amended by PL 2007, c. 279, § I, IS 
further amended to read: 
A. 
As used in this subsection, the terms "employer," "lobbyist" and "lobbyist 
associate" have the same meanings as in Title 3, section 312-A. As used in this 
subsection, "contribution" has the same meaning as in Title 21-A, section 1012 and 
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includes seed mone',' contributions as defined in Title 21 1,<- section 1122. subsection 
9. 
Sec. 5. 1 MRS A §1015, sub-§3, EffB, as amended by PL 2005, c. 301, §3, is 
further amended to read: 
B. 
The Governor, a member of the Legislature or any constitutional officer or the 
staff or agent of the Governor, a member of the Legislature or any constitutional 
officer may not intentionally solicit or accept a contribution from a lobbyist, lobbyist 
associate or employer during any period of time in which the Legislature is convened 
before final adjournment, except for a qualifying contribution as defined under Title 
A, section 1122, subsection 7. A lobbyist, lobbyist associate or employer may not 
intentionally give, offer or promise a contribution, other than a qualifYing 
contribution, to the Governor, a member of the Legislature or any constitutional 
officer or the staff or agent of the Governor, a member of the Legislature or any 
constitutional officer during any time in which the Legislature is convened before 
final adjournment. 
These prohibitions apply to direct and indirect solicitation, 
acceptance, giving, offering and promising, whether through a political action 
committee, political committee, political party or otherwise. 
Sec. 6. 21-A MRSA §153-A, sub-§3, as amended by PL 2005, c. 568, §6, is 
further amended to read: 
3. Signing petitions. Once an alternative registration signature statement is on file 
with the registrar, the voter may authorize any other Maine-registered voter to sign 
candidate petitions and any Maine Clean Election Act forms requiring a voter's signature 
in the presence and at the direction of the voter, except that the individual assisting the 
Page I - 124LR0694(Ol)-1 
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voter may not be a candidate, the circulator of the petition or form, the voter's employer 
or an agent of that 'employer or an officer or agent of the voter'sllriion.· In addition to 
using the voter's signature stamp or signing for the voter; the individual assisting the voter 
must. print and sign the individual's' own name and residerice address on the petition or 
form and attest that the individual is signing on the·vater's behalf. This method of signing 
satisfies the requirements in this Title that voters personally sign candidate petitions. 
Sec. 7. 21-A MRS A §1013-A, sub-§l, tjTA, as. amended by PL 2007, c. 642, §9 
and affected by § 14, is fU1iher amended to read: 
A. 
No later than 10 days after becoming a candidate and before accepting 
contributions, making expenditures or incurring obligations, a candidate for state or 
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county office or a candidate for municipal office who has not filed a written notice in 
accordance with section 10 II, subsection 2, paragraph A shall appoint a treasurer. 
The candidate may serve as treasurer, m(Cept that a candidate certified in accordance 
'.vith section 1125 may not serve as treasurer. The candidate may have only one 
treasurer, who is responsible for the filing of campaign finance repOlis under this 
chapter. A candidate shall register the candidate's name and address and the name 
and address of the treasurer appointed under this section no later than 10 days after 
the appointment of the treasurer. A candidate may accept contributions personally or 
make or authorize expenditures personally, as long as the candidate reports all 
contributi"ons and expenditures to the treasurer. 
The treasurer shall make a 
consolidated report of all income and expenditures and provide this report to the 
commission. 
(I) A candidate may appoint a deputy treasurer to act in the absence of the 
treasurer. The deputy treasurer, when acting in the absence of the treasurer, has 
the same powers and responsibilities as the treasurer. A candidate certified in 
accordance '>'lith section 1125 may not serve as deputy treasurer. When a 
treasurer dies or resigns, the deputy treasurer may not assume the position of 
treasurer unless the candidate appoints the deputy treasurer to the position of 
treasurer. The candidate shall report the name and address of the deputy treasurer 
to the commission no later than 10 days after the deputy treasurer has been 
appointed. 
Sec. 8. 21-A MRS A §1013-A, sub-§l, ~C, as amended by PL 2007, c. 443, Pt. 
A, § 7, is further amended to read: 
C. 
No later than 10 days after becoming a candidate, as defined in section I, 
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. A candidate ."/ho has filed a declaration of intent to become certified as a 
candidate under the Maine Clean Election Act is not required to file the '>'.'ritten 
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 1015, subsection 8. 
Sec. 9. 21-A MRSA §1017, sub-§3-B, as amended by PL 2007, c. 443, Pt. A, 
§ 16, is repealed. 
Sec. 10. 21-A MRSA §1018-B, sub,..§2, as enacted by PL 2005, c. 301, §21, is 
amended to read: 
2. Limitations. Candidates may receive donations without limitation for purposes of 
a recount from party committees and caucus campaign committees and from attorneys, 
consultants and their firms that are donating their services without reimbursement. 
Candidates rna" not snend revenues received under chanter 14 fur recount exnenditures. 
Sec. 11. 21-A MRSA §1019-B, sub-§I, ~A, as enacted by PL 2003, c. 448, §3, 
is amended to read: 
A. 
Is any expenditure made by a person, party committee, political committee or 
political action committee, other than by contribution to a candidate or a candidate's 
authorized political committee, for any communication that expressly advocates the 
election or defeat of a clearly identified candidate-;---aOO.,. 
Sec. 12. 21-A MRS A §1019-B, sub-§I, ~, as amended by PL 2007, c. 443, Pt. 
A, §20, is repealed. 
. Sec. 13. 21-A MRSA §1019-B, sub-§3, IljfA, as enacted by PL 2003, c. 448, §3, 
is amended to read: 
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 ana 
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. 
Sec. 14. 21-A l\tiRSA §1020-A, sub-§4-A, as amended by PL2007, c. 443, Pt. 
A,§22, is further 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 contributio~s or expend itures for the 
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filing period, whichever is greater, multiplied by the number of calendar days late, as 
follows:· 
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A. For the first violation, 1 %; 
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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 1 st 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. 
lOA registration or report may be provisionally filed by transmission of a facsimile copy of 
the duly executed repOli 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 '.vas due prior to 
imposing a penalty under this subsection. A penalt)' 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. "miti2:atin2: circumstances" has the same meanin2: as in subsection 2. 
Sec. 15. 21-A MRSA §1020-A, sub-§5-A, cue, as amended by PL 2003, c. 628, 
Pt. A, §4, is further amended to read: 
C. 
One thousand dollars for reports required under section 1017, subsection 2, 
paragraphs A and F and section 1017, subsection 3-A, paragraphs A and E; or 
Sec. 16. 21-A MRSA §1020-A, sub-§5-A, CUD, as amended by PL 2003, c. 628, 
Pt. A, §4, is further amended to read: 
D. 
Five hundred dollars for municipal, district and county committees for reports 
required under section 1 017-A, subsection 4-B~:. 
Sec. 17. 21-A MRSA §1020-A, sub-§5-A, GfiE, as enacted by PL 2001, c. 714, 
Pt. PP, § 1 and affected by §2, is repealed. 
Sec. 18. 21-A MRSA c. 14, as amended, is repealed. 
Sec. 19. 36 MRSA §5286, as enacted by IB 1995, c. 1, § 18, is repealed. 
SUMMARY 
This bill repeals the Maine Clean Election Act.