An Act To Increase Eligibility Requirements under the Maine Clean Election Act
Maine Legislature, Session 124, LD 0772
Committee: Legal and Veterans Affairs
Sponsors: SHERMAN, STRANG BURGESS, PLOWMAN, NASS, SA VIELLO
Amends: 21-A MRSA §112, 21-A MRSA §1125

. Legislative Document 
No. 772 
S.P.299 
In Senate, February 26,.2009 
An Act To Increase Eligibility Requirements under the Maine Clean 
Election Act 
Reference to the Committee on Legal and Veterans Affairs suggested' and ordered pIinted. 
Presented by SenatorRA YE of Washington. 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator SHERMAN of Aroostook, Representative STRANG BURGESS of 
Cumberland and Senator: PLOWMAN of Penobscot, Representatives: NASS of Acton, 
SA VIELLO of Wilton. 
PrimcJ un rt!t.:yt:leJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §U25, sub-§l, as amended by PL 2007, c. 443, Pt. B, §6, is 
further amended to read: 
1. Declaration of intent. Apaiticipating 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 comInission. A participating calldidate must 
submit a declaration. of intent within 5 business days of collecting qualifying 
contributions under this chapter. 
Qualifying contributions collected before . the 
declaration of intenthas been filed will ~ot be counted toward the eligibility requirement 
in subsection 3. 
The commission may not accept a declaration of intent from a 
participating candidate who ran for .office previously and did not receive at least 15% of 
the vote in the participating candidate's most recent campaigri. 
Sec. 2. 21-A MRSA §112S, sUb-§2-A, as enacted by PL 2007, c. 443, Pt. B, §6, 
is amended to read: 
2-A .. Seed money restrictions. To be eligible for certification, a participating 
candidate may collect and spend oilly seed money contributions subsequent to becoming 
a candidate and prior to certification. A participating candidate must raise the amount of 
seed money contributions under subsection 2 for the office for which the participating 
candidate intends to run in order to be certified. A participating candidate may not 
solicit, accept or c()llect seed money contributions after certification as a Maine Clean 
Election Act candidate. 
A. All goods and services received prior to certification must be paid for with seed 
money contributions, except for goods· and services that are excluded from the 
definition of contribution in section 1012, subsection 2, paragraph B. It is a violation 
of this chapter for a participating candidate to use fund revenues received after 
certification to pay for goods and services received prior to certification. 
B.Prior to certification, a participating candidate may obligate an amount greater 
than the seed money collected, but may oilly receive that portion of goods and 
services that has been paid for or will be paid for with seed money. 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 .ct<rtification as a Maine Clean Election Act candidate in 
accordance with rules of the commission, if the failure to comply was unintentional 
. and does noiconstitute a significant infraction of these restrictions. 
. C. Upon requesting certification, a participating candidate shall file a report of all 
seed money contributions and expenditures. If the candidate is certified, any unspent 
seed money will be deducted from the amount distributed to the candidate as 
provided in subsection 8. 
Sec. 3. 21-A MRSA §1125, sub-§6, as amended by PL 2007, c. 443, Pt. B, §6, is 
further amended to read: 
) 
) 
) 
() 
·3 
ILl. 
~ 
) 
~ 
6. Restrictions on contributions and expenditures for certified c.andidates. After 
certification, a candidate must lirrrlt 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 10l3-A, subsection 1 or any agent of the 
candidate and committee may not use these revenues for any but campaign-related 
purposes. 
A political. communication paid for with fund revenue that requires a 
disclosure under section 10 14 must contain the words "Paid for with taxpayer funds under 
the Maine Clean Election Act." 
The commission shall·publish .guidelines outlining 
permissible campaign-related expenditures. 
SUMMARY 
This bill amends the Maine Clean Election Act by requiring: 
1. 
A participatmg candidate who has previously run for office to have received at 
least 15% of the vote in the candidate's most recent campaign; . 
2. 
A participating candidate to raise the entire amount of seed money allowed in 
order to be certified as a participating candidate; and 
3. A political communication paid for with Maine Clean Election Act funds that 
otherwise requires a disclosure to conta,in the words "Paid for with taxpayer funds under 
the Maine Clean Election Act."