An Act To
Maine Legislature, Session 124, LD 1451
Committee Amendment CA_A_S242 (Senate)
Amends: 21-A MRSA §1004-B

COMMITTEE AMENDMENT "A " to S.P. 536, L.D. 1451, Bill, "An Act To 
Amend the Maine Clean Election Act and the Enforcement Procedures of the 
Commission on Governmental Ethics and Election Practices" 
Amend the bill in section 1 by striking out all of the indented paragraph (page 1, lines 
to 14 in L.D.) and inserting the following: 
'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 misconduct in 
the future and the harm suffered by the public from the incorrect disclosure. A final 
determination by the commission may be appealed to the Superior Court in accordance 
with Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure Rule 80C.' 
Amend the bill by striking out all of section 3 (page 1, lines 20 to 33 in L.D.) and 
inserting the following: 
'Sec. 3. 21-A MRSA §1004-B is enacted to read: 
§1004-B. Enforcement of penalties assessed by the commission 
The commission staff shall collect the full amount of any penalty and the return of 
Maine Clean Election Act funds required by the commission to be returned for a violation 
of the statutes or rules administered by the commission and has all necessary powers to 
carry out these duties. Failure to pay the full amount of any penalty assessed by the 
commission or return of Maine Clean Election Act funds is a civil violation by the 
candidate, treasurer, party committee, political action committee or other person. Thirty 
days after issuing the notice of penalty or order for the return of funds, the commission 
shall report to the Attorney General the name of any person who has failed to pay the full 
amount of any penalty or to return Maine Clean Election Act funds unless the 
commission has provided an extended deadline for payment. The Attorney General shall 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to S.P. 536, L.D. 1451 
enforce the violation in a civil action to collect the full outstanding amount of the penalty 
or order for the return of Maine Clean Election Act funds. This action must be brought in 
the Superior Court for Kennebec County or the District Court, 7th District, Division of 
Southern Kennebec.' 
Amend the bill in section 5 in subsection 6 in the 20th to 22nd lines (page 2, lines 31 
to 33 in L.D.) by striking out the following: "A candidate or political committee also may 
request an adjudicatory hearing prior to a determination by the commission, and an 
adjudicatory hearing must be held if requested." 
Amend the bill in section 8 in subsection 5 in the 19th to 21st lines (page 3, lines 28 
to 30 in L.D.) by striking out the following: "A principal officer or treasurer also may 
request an adjudicatory hearing prior to a determination by the commission, and an 
adjudicatory hearing must be held if requested." 
Amend the bill in section 17 in subsection 8-A by striking out all of the last blocked 
paragraph (page 6, lines 14 to 16 in L.D.) and inserting the following: 
'For contested gubernatorial primary elections, the amount of revenues distributed is 
$400,000 per candidate in a primary election. For uncontested gubernatorial primary 
elections the amount of revenues distributed is $200,000. For contested and uncontested 
gubernatorial general elections, the amount of revenues distributed is $600,000 per 
candidate in the general election.' 
Amend the bill in section 18 by striking out all of subsection 9 (page 6, lines 19 to 31 
in L.D.) and inserting the following:· 
'9. Matching funds. When any report required under this chapter or chapter 13 
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shows that the sum of a candidate's expenditures or obligations, contributions and loans,') 
or fund revenues received, whichever 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 lA, 
or C, v/hichever is applicable 8-A. Matching funds for certified gubernatorial candidates 
in a primary election are limited to 2 times half the amount originally distributed under 
subsection 8, paragraph E 8-A. Matching funds for certified gubernatorial candidates in a 
general election are limited to the amount originally distributed under subsection .g, 
oara!ITB:Dh F 8-A.' 
Amend the bill in section 22 in subsection 13 in the 7th line (page 8, line 3 in L.D.) 
by striking out the following: "$500" and inserting the following: '$W(} $750' and in the 
8th line (page 8, line 4 in L.D.) by striking out the following: "$250" and inserting the 
following: '~ 
$350' 
Amend the bill in section 23 in subsection 1 in the 14th to 18th lines (page 8, lines 22 
to 26 in L.D.) by striking out the following: "Before making any determination or 
assessment or ordering the return of funds, the commission shall provide an opportunity 
for the candidate, treasurer, consultant or other agent of the candidate or the political 
committee to appear before the commission and must conduct an adjudicatory hearing if 
one is requested." 
COMMITTEE AMENDMENT 
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A 
COMMITTEE AMENDMENT .. A" to S.P. 536, L.D. 1451 
SUMMARY 
This amendment strikes the provIsIOns of the bill that make changes to the 
enforcement procedures of the Commission on Governmental Ethics and Election 
Practices that would allow the commission to seek penalties and the return of Maine 
Clean Election Act funds based on the commission's determination through the clerk of 
courts if the entity subject to the penalty does not take action to appeal the commission's 
determination. The amendment also makes changes in the bill regarding the distribution 
of Maine Clean Election Act funds to gubernatorial candidates. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/24/09 MaC!. 
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LD 1451 
LR 1888(02) 
An Act To Amend the Maine Clean Election Act and the Enforcement Procedures of the Commission 
on Governmentan Ethics and Election Practices 
Fiscal Note for Bill as Amended by Committee Amendment I~ " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Commission on Governmental Ethics and Election Practices can be absorbed within existing 
budgeted resources. It is possible that raising the contribution limits of privately financed candidates could result in 
more matching funds paid to Maine Clean Election Act candidates in an amount that cannot be determined at this 
time. 
LRI888(02) - Fiscal Note - Page 1 ofl 
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