An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act
Maine Legislature, Session 125, LD 1774
Senate Amendment SA_A_S382 (Senate)
Amends: 21-A MRSA §1017, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 21-A MRSA §1122, 21-A MRSA §1124, 21-A MRSA §1125, 21-A MRSA §1127

SENATE AMENDMENT" A " to S.P. 612, L.D. 1774, Bill, "An Act Regarding the 
Matching Funds Provisions of the Maine Clean Election Act" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide an Alternative to the Matching Funds Provisions of the Maine 
Clean Election Act' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 21-A MRSA §1017, sub-§3-B, as corrected by RR 2009, c. 2, §46, is 
repealed. 
Sec. 2. 21-A MRSA §1019-B, sub-§4, ,A, as enacted by PL 2009, c. 524, §7, 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 and matohiB:g fuB:d 
pro:visioRS under ohapter 14. Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 21-A MRS A §1020-A, sub-§4-A, as amended by PL 2007, 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, e*oept for aooelerated oampaiga fiRance reports reqmred pl:lrsl:laat to seotioR 
1017, subseotioR 3 B, is a percentage of the total contributions or expenditures for the 
filing period, whichever is greater, multiplied by the number of calendar days late, as 
follows: 
A. For the first violation, 1 %; 
B. For the 2nd violation, 3%; and 
C. For the 3rd and subsequent violations, 5%. 
Any penalty ofless than $10 is waived. 
SENATE AMENDMENT 
~o~s 
SENATE AMENDMENT" A" to S.P. 612, L.D. 1774 
Violations accumulate on reports with filing deadlines in a 2-year period that begins on 
January 1st 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. 
A registration or report may be provisionally filed by transmission of a facsimile copy of 
the duly executed report 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 aeeelerated eampaign finanee report as reqt1ired in seetion 
1017, sabseetion 3 B may be liP to blit no more than 3 times the afI'loant by , ..... hieh the 
eoatribatioHs reeeived or eJ€peHditares obligated or made by the eandidate exeeed the 
applieable Maine Clean Eleetion Fand disbarsemeHt afI'loant, per day of violation. The 
eoHHTlission shaH make a finding of faet establishing '.,<,-Ren the report ",;as dae prior to 
imposiHg a penalty liHder this sooseetion. A penalty for failare to file an aeeelerated 
eampaign finanee report mast be made payable to the Maine Clean Eleetion FliHd. ill 
assessing a penalty fur failare to file an aeeelerated eampaige finanee report, the 
eommission shaH eonsider the existenee of mitigating eireamstanees. For the parposes of 
this sooseetion, "mitigating eirelifl'lstanees" has the safl'le meaning as in sooseetion 2. 
Sec. 4. 21-A MRSA §1020-A, sub-§5-A, ~~C and D, as amended by PL 2003, 
c. 628, Pt. A, §4, are 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 
D. Five hundred dollars for municipal, district and county committees for reports 
required under section 1017 -A, subsection 4-B;--eF.:. 
Sec. 5. 21-A MRSA §1020-A, sub-§5-A, ~, as enacted by PL 2001, c. 714, Pt. 
PP, § 1 and affected by §2, is repealed. 
Sec. 6. 21-A MRSA §1122, sub-§7, ~, as amended by PL 2009, c. 190, Pt. B, 
§ 1, is further amended to read: 
B. Made by a registered voter within the electoral division for the office a candidate 
is seeking and whose voter registration has been verified according to procedures 
established by the commission; and 
Sec. 7. 21-A MRSA §1122, sub-§7, ~C, as amended by PL 2007, c. 443, Pt. B, 
§2, is repealed. 
Sec. 8. 21-A MRSA §1124, sub-§2, ~, as enacted by IB 1995, c. 1, §17, is 
repealed. 
Sec. 9. 21-A MRSA §1125, sub-§l, as amended by PL 2011, c. 389, §51, is 
further amended to read: 
1. Declaration of intent. A participating candidate must file a declaration of intent 
to seek certification as a Maine Clean Election Act candidate and to comply with the 
SENATE AMENDMENT 
SENATE AMENDMENT" A" to S.P. 612, L.D. 1774 
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 commission. Qualifying contributions collected 
more than 5 business days before the declaration of intent has been filed will not be 
counted toward the eligibility requirement in sabseetioR subsections 3 and 9-A. 
Sec. 10. 21-A MRSA §1125, sub-§2,,~ and C, as enacted by m 1995, c. 1, 
§ 1 7, are amended to read: 
B. ORe thoasaad five ooRdred Three thousand dollars for a candidate for the State 
Senate; or 
C. 
FiYe haRdred One thousand dollars for a candidate for the State House of 
Representatives. 
Sec. 11. 21-A MRSA §1125, sub-§2-A, ,C, as amended by PL 2009, c. 302, 
§ 11 and affected by §24, is further amended to read: 
C. Upon requesting certification, a participating candidate shall file a report of all 
seed money contributions and expenditures. If the eaadidate is oertified, aay URspeRt 
seed mORey will be dedaoted from the aillOURt distribated to the oaadidate as 
proYided iR sabseetioR g A. Seed money unspent or obligated once a participating 
candidate is certified is subject to the same expenditure restrictions as distributions 
received from the fund. 
Sec. 12. 21-A MRSA §1125, sub-§5, as amended by PL 2011, c. 389, §52, is 
further amended to read: 
5. Certification of Maine Clean Election Act candidates. Upon receipt of a :final 
complete submittal of qaalifyiRg eORtribatioRS the documents required for certification 
under subsection 4 by a participating candidate, the executive director of the commission 
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 no later than 5 business days 
after the end of the qualifying period; 
C-l. 
As a gubernatorial candidate, collected at least $40,000 in seed money 
contributions from registered voters in the State; 
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 otherwise substantially violated the provisions of this chapter or chapter 13; 
SENATE AMENDMENT 
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SENATE AMENDMENT " A "to S.P. 612, L.D. 1774 
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; 
D-5. 
Not submitted any fraudulent qualifying contributions or any falsified 
acknowledgement forms for qualifying contributions or seed money contributions; 
and 
E. Otherwise met the requirements for participation in this Act. 
The 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 fffial receiving 
the complete submittal of qualifying contributions and other supporting documents 
required under subsection 4 but no later than 3 business days for legislative candidates 
and 5 business days for gubernatorial candidates. 
The executive director may take 
additional time if further investigation is necessary to verify compliance with this Act as 
long as the cOlmnission notifies the candidate regarding the anticipated schedule for 
conclusion of the investigation. A candidate or other interested person may appeal the 
decision of the executive director to the members of the cOlmnission in accordance with 
subsection 14. 
A certified candidate must comply with all requirements of this Act after certification and 
throughout the primary and general election periods. Failure to do so is a violation of this 
chapter. 
Sec. 13. 21-A MRSA §1125, sub-§6, as amended by PL 2011, c. 389, §54, is 
further amended to read: 
6. Restrictions on contributions and expenditures for certified candidates. After 
certification, a candidate must limit 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 other than qualifying contributions 
under subsection 9-A 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 10 13-A, subsection 1 or any agent of the candidate and committee 
may not use these revenues for any but campaign-related purposes. 
The commission 
shall publish guidelines outlining permissible campaign-related expenditures. 
Sec. 14. 21-A MRSA §1125, sub-§7, ,C, as amended by PL 2007, c. 443, Pt. B, 
§6, is further amended to read: 
C. No later than 3 days after the primary election results are certified, for general 
election certified candidates, revenues from the fund must be distributed according to 
whether the candidate is in a contested or uncontested general election. 
A 
supplemental payment to a legislative candidate in a contested general election must 
be made in the manner set forth in subsection 9-A. 
Sec. 15. 21-A MRSA §1125, sub-§8-A, as enacted by PL 2009, c. 302, §17 and 
affected by §24, is amended to read: 
SENATE AMENDMENT 
SENATE AMENDMENT" A"to S.P. 612, L.D. 1774 
8-A. Amount of fund distribution. By September 1, 2011, and at least every 2 
years after that date, the commission shall determine the amount of funds to be 
distributed to participating candidates in legislative elections based on the type of election 
and office. In making this determination, the commission may take into consideration 
any relevant information, including but not limited to: 
A. The range of campaign spending by candidates for that office in the 2 preceding 
elections; and 
B. The Consumer Price Index published monthly by the United States Department of 
Labor, Bureau of Labor Statistics and any other significant changes in the costs of 
campaigning such as postage or fuel-;--tmEl.:. 
C. The impact of iRdepeRdeRt expeRditures OR the payrneRt of matchiRg fuRds. 
The commission may not make a distribution for a primary election to a participating 
candidate who does not have an opponent in the primary election. 
For a legislative candidate in a contested general election, the commission shall 
determine the amount of the initial payment and the supplemental payment for which a 
candidate may qualify under subsection 9-A. The supplemental payment to a contested 
candidate in a general election must be 45% of the initial distribution amount distributed 
to the candidate. 
Before making any determination, the commission shall provide notice of the 
determination and an opportunity to comment to the President of the Senate, the Speaker 
of the House of Representatives, all floor leaders, the members of the joint standing 
committee of the Legislature having jurisdiction over legal affairs and persons who have 
expressed interest in receiving notices of opportunities to comment on the commission's 
rules and policies. The commission shall present at a public meeting the basis for the 
commission's final determination. 
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. 
Sec. 16. 21-A MRSA §1125, sub-§9, as repealed and replaced by PL 2009, c. 
652, Pt. A, §25 and affected by §26, is repealed. 
Sec. 17. 21-A MRSA §1125, sub-§9-A is enacted to read: 
9-A. Supplemental payments for legislative candidates in a contested general 
election. 
This subsection governs the qualification for and receipt of supplemental 
payments. A participating candidate who is a legislative candidate in a contested general 
election may qualify to receive one supplemental payment from the fund by collecting 
additional qualifying contributions beyond the number of qualifying contributions 
required by subsection 3, paragraph B or C and submitted in the manner described in 
subsection 4. A legislative candidate who is unopposed in the general election is not 
eligible to receive a supplemental payment. 
SENATE AMENDMENT 
SENATE AMENDMENT" A " to S.P. 612, L.D. 1774 
A. A candidate may collect qualifying contributions to qualify for a supplemental 
payment from January 1st to June 30th of the election year. 
B. 
A candidate shall submit the required number of qualifying contributions, 
acknowledgments by the contributors and proofs of verification of the contributors' 
voter registrations pursuant to section 1122, subsection 7 to the commission no later 
than 5:00 p.m. on June 30th of the election year. 
e. A candidate for the State House of Representatives must submit at least 30 valid 
qualifying contributions to qualify for a supplemental payment. A candidate for the 
State Senate must submit at least 85 valid qualifying contributions to qualify for a 
supplemental payment. 
D. 
The commission shall count a qualifying contribution as valid toward the 
supplemental payment requirements if the contribution: 
(1) 
Meets the requirements for a qualifying contribution in section 1122, 
subsection 7; 
(2) Was not counted toward eligibility for certification in subsection 3; and 
(3) Is documented with the required acknowledgments by the contributor and 
proof of voter registration of the contributor pursuant to section 1122, subsection 
L. 
E. The commission shall detennine if a candidate is eligible for a supplemental 
payment and notify the candidate within 10 business days of the determination, but 
no later than July 15th of the election year. A candidate or another interested person 
may appeal the detennination. The commission shall establish an appeals process for 
appeals made pursuant to this paragraph that is similar to the process under 
subsection 14. 
F. The commission shall make the supplemental payment by September 1 st prior to 
the election. 
G. The commission may establish alternate schedules to qualify for a supplemental 
payment for a candidate in a special election or in a primary or general election in 
which the candidate has replaced a candidate who has withdrawn from the race. 
Sec. 18. 21-A MRSA §1125, sub-§10, as amended by PL 2011, c. 389, §56 and 
affected by §62, is further amended to read: 
10. Candidate not enrolled in a party. An unenrolled candidate for the Legislature 
who submits the required number of qualifying contributions and other required 
documents under subsection 4 by 5:00 p.m. on April 20th preceding the primary election 
and who is certified is eligible for revenues from the fund in the same amounts and at the 
same time as an uncontested primary election candidate and a general election candidate 
as specified in subsections 7 and .. 8-A and 9-A. Revenues for the general eleetion must 
be distributed to the eandidate no later than 3 days after eertifieation. An unenrolled 
candidate for Governor who submits the required number of qualifying contributions and 
other required documents under subsections 2-B and 4 by 5:00 p.m. on April 1st 
preceding the primary election and who is certified is eligible for revenues from the fund 
in the same amounts and at the same time as an uncontested primary election 
SENATE AMENDMENT 
SENATE AMENDMENT" A" to S.P. 612, L.D. 1774 
gubernatorial candidate and a general election gubernatorial candidate as specified in 
subsections 7 and 8-A. Revenues for the general election must be distributed to the 
candidate for Governor no later than 3 days after the primary election results are certified. 
Sec. 19. 21-A MRSA §1125, sub-§13-A, as amended by PL 2011, c. 389, §58 
and affected by §62, is further amended to read: 
13-A. 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 determines that the revenues in the fund are insufficient 
to meet distributions under subsection 8-A or 9- 9-A, the commission may permit certified 
candidates to accept and spend contributions, reduced by any seed money contributions, 
aggregating no more than the applicable contribution limits established by the 
commission pursuant to section 1015, up to the applicable amounts set forth in 
subsections 8-A and 9- 9-A according to rules adopted by the cOlmnission. 
This subsection takes effect September 1, 2011. 
Sec. 20. 21-A MRS A §1126, as amended by PL 2001, c. 465, §7, is further 
amended to read: 
§1126. Commission to adopt rules 
The commission shall adopt rules to ensure effective administration of this chapter. 
These rules must include but HffiSt are not be limited to procedures for obtaining 
qualifying contributions, certification as a Maine Clean Election Act candidate, 
qualification for supplemental payments, circumstances involving special elections, 
vacancies, recounts, withdrawals or replacements, collection of revenues for the fund, 
distribution of fund revenue to certified candidates, return of unspent fund disbursements, 
disposition of equipment purchased with clean election funds and compliance with the 
Maine Clean Election Act. Rules of the commission required by this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter Il-A 2-A. 
Sec. 21. 21-A MRSA §1127, sub-§I, as amended by PL 2009, c. 302, §23, is 
further amended to read: 
1. Civil fine. In addition to any other penalties that may be applicable, a person who 
violates any provision of this chapter or rules of the commission adopted pursuant to 
section 1126 is subject to a fine not to exceed $10,000 per violation payable to the fund. 
The eommission may assess a fine of up to $10,000 for a violation of the reporting 
reqairements of seetions 1017 and 1019 B if it determines that the ftHlure to file a timely 
and aeeurate report resulted in the late payment of matehing funds. In addition to any 
fine, for good cause shown, a candidate, treasurer, consultant or other agent of the 
candidate or the political committee authorized by the candidate pursuant to section 
lOB-A, subsection 1 found in violation of this chapter or rules of the commission may be 
required to return to the fund all amounts distributed to the candidate from the fund or 
any funds not used for campaign-related purposes. 
If the commission makes a 
determination that a violation of this chapter or rules of the commission has occurred, the 
commission shall assess a fme or transmit the finding to the Attomey General for 
prosecution. A final determination by the commission may be appealed to Superior Court 
SENATE AMENDMENT 
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SENATE AMENDMENT" A" to S.P. 612, L.D. 1774 
in accordance with Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil 
Procedure, Rule 80C. 
Fines assessed or orders for return of funds issued by the 
commission pursuant to this subsection that are not paid in full within 30 days after 
issuance of a notice of the final determination may be enforced in accordance with 
section 1004-B. Fines paid under this section must be deposited in the fund. 
In 
determining whether or not a candidate is in violation of the expenditure limits of this 
chapter, the commission may consider as a mitigating factor any circumstances out of the 
candidate's control. 
Sec. 22. Resolve 2011, c. 89 is repealed. 
Sec. 23. 
Distributions for the 2012 and 2014 primary and general 
elections. 
Notwithstanding the Maine Revised Statutes, Title 21-A, section 1125, 
subsection 8-A, the Commission on Governmental Ethics and Election Practices shall 
distribute the following amounts to certified candidates for the Legislature for the 2012 
and 2014 election cycles: 
1. For candidates for the State House of Representatives: 
A. One thousand five hundred dollars for contested candidates in a primary election; 
B. One thousand four hundred sixty-eight dollars for uncontested candidates in a 
general election; and 
C. Four thousand dollars for the initial payment for contested candidates in a general 
election and $1,900 for the supplemental payment as provided by Title 21-A, section 
1125, subsections 8-A and 9-A; and 
2. For candidates for the State Senate: 
A. Six thousand dollars for contested candidates in a primary election; 
B. Seven thousand two hundred sixty dollars for uncontested candidates in a general 
election; and 
C. Twenty-two thousand dollars for the initial payment for contested candidates in a 
general election and $10,000 for the supplemental payment as provided by Title 
2l-A, section 1125, subsections 8-A and 9-A. 
Sec. 24. Rules. The Commission on Governmental Ethics and Election Practices 
shall adopt rules to implement this Act no later than 45 days after the effective date of 
this Act. Rules adopted in accordance with this section are routine technical rules as 
defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
The 
commission shall post the adopted rules on its publicly accessible website and shall 
summarize the adopted rules in a guidebook distributed to certified candidates. 
Sec. 25. Appropriations and allocations. The following appropriations and 
allocations are made. 
ETHICS AND ELECTION PRACTICES, COMMISSION ON GOVERNMENTAL 
Governmental Ethics and Election Practices - Commission on 0414 
SENATE AMENDMENT 
SENATE AMENDMENT" A "to S.P. 612, L.D. 1774 
fuitiative: Adjusts allocations of payments to legislative candidates in contested general 
election races based upon providing an opportunity to qualify for a supplemental payment 
and eliminating matching funds. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$162,478 
$162,478 
2012-13 
($617,780) 
($617,780) 
SUMMARY 
This amendment replaces the bill. The amendment strikes provisions governing and 
references to matching funds in the Maine Clean Election Act and repeals campaign 
finance reporting requirements directly related to the qualification for and distribution of 
matching funds. 
This amendment establishes an alternative that provides legislative 
candidates in contested races the opportunity to qualify for supplemental funds to support 
their campaigns. Under this amendment, a contested candidate certified to participate in 
the Maine Clean Election Act is able to qualify for an additional distribution to be made 
by September 1 st of the election year. In order to qualify for a supplemental payment, a 
candidate for the House of Representatives needs to collect an additional 30 qualifying 
contributions by June 30th of the election year. Similarly, a candidate for the Senate is 
required to collect 85 additional qualifying contributions to receive a supplemental 
payment. The amendment doubles the amount of seed money contributions legislative 
candidates may receive. The amendment also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: Q:& t ~ 
(Senator PATRlgK) 
COUNTY: Oxford 
SENATE AMENDMENT 
• 
Approved: 0211 0/12 
~ac. 
LD 1774 
LR 2682(05) 
An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note for Senate Amendment "A" 5 - 3~2-
Sponsor: Sen. Patrick of Oxford 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$635,479 
$310,100 
$30,750 
$0 
Projections 
FY2013-14 
$748,479 
$33,975 
Projections 
FY 2014-15 
$327,700 
$0 
This floor amendment, in response to the ruling of the United States Supreme Court, repeals requirements related to 
qualification for and distribution of matching funds. It also establishes an additional opportunity for legislative 
candidates in contested general election races to qualify for a supplemental payment and it repeals Resolve 2011, c. 
89, which reduced the amount distributed during the 2012 election cycle to 5% less than the amount distributed during 
the 2010 election cycle. The incremental impact as compared to the original bill is an increase in Other Special 
Revenue Funds allocation to the Commission on Governmental Ethics and Election Practices of $635,479 in fiscal 
year 2011-12 and $310,100 in fiscal year 2012-13 and an increase in Other Special Revenue Funds revenue of 
$30,750 in fiscal year 2011-12. This analysis assumes participation in the Maine Clean Elections process will 
decrease due to the elimination of matching funds. 
LR2682(05) - Fiscal Note - Page 1 of 1