An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act
Maine Legislature, Session 125, LD 1774
House Amendment HA_A_H764 (House)
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 §1, 21-A MRSA §1126, 21-A MRSA §1127

HOUSE AMENDMENT "fj "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repealed.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 matohing fund 
provisions 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, exoept for aooelerated oampaign finanoe reports required pursuant to seotion 
1017, subseotion 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 of less than $10 is waived. 
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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 oarnpaigtl fiHanoe report as reqliired iH seotioH 
1017, sooseotion 3 B may be lip to blit HO more thaH 3 times the amolint by " ... 41ioh the 
oontriblitions reeeived or eJlpenditl:lres obligated or made by the oandidate exeeed the 
applioable Maine Clean Eleetion Fl:lHd disbltfsement amoliHt, per day of violation. The 
oommission shall make a fiHding of faet establishing 'uhen the report was dlie prior to 
imposing a penalty l:lHder this slibseotion. i'. penalty for faillire to file an aeeelerated 
oampaign finanee report ml:lst be made payable to the Maine CleaB EleetioH Fl:lHd. In 
assessing a penalty for failltfe to file an aoeelerated eampaign finanoe report, the 
eommission shall eOHsider the existeHoe of mitigating eirelimstaaees. For the plH'poses of 
this sooseotion, "mitigatiHg oirOl:lmstaHees" has the same measiHg as is sooseotiElH 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 1 o 17-A, subsection 4-B-;-er~ 
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, ~D, as enacted by ill 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 
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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 subseotioR subsections 3 and 9-A. 
Sec. 10. 21-A MRSA §1125, sub-§2, ~~B and C, as enacted by IE 1995, c. 1, 
§ 17, are amended to read: 
B. ORe thousand five Hundred Three thousand dollars for a candidate for the State 
Senate; or 
C. 
~'iYe HURdred 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 tbe caRdidate is certified, aRY unspeRt 
seed mORey 'Nill be deducted from the amount distributed to the candidate as 
provided iR subsectioR g A. Seed money unspent or obligated once a participating 
candidate is certified is subject to the 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 .fiflal. 
complete submittal of qualifyiRg cORtributioRs 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; 
O. Not accepted contributions, except for seed money contributions, and otherwise 
complied with seed money restrictions; 
0-1. Not run for the same office as a nonparticipating candidate in a primary election 
in the same election year; 
0-2. Not been found to have made a material false statement in a report or other 
document submitted to the commission; 
0-3. Not otherwise substantially violated the provisions of this chapter or chapter l3; 
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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 tffial 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 commission 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 commission 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 §1l25, 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 lOB-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 §1l25, 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. Supplemental 
payments 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 §1l25, sub-§8-A, as enacted by PL 2009, c. 302, §17 and 
affected by §24, is amended to read: 
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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. The commission shall distribute a smaller payment to a candidate who does 
not have an opponent in the election. 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-;--aad~ 
C. The impaet sf independent e*penditures on the payment of matehiflg fuflds. 
For a legislative candidate in a contested general election, the commission shall 
determine the amounts of the initial payment and 2 supplemental payments for which a 
candidate may qualify under subsection 9-A. The initial payment may not be less than 
the total of the 2 supplemental payments for which a candidate may qualify. 
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 up to 2 supplemental payments 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 supplemental payments. 
A. 
A candidate may collect qualifying contributions to qualify for supplemental 
payments from January 1st to June 30th of the election year. 
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HOUSE AMENDMENT .. if .. to S.P. 612, L.D. 1774 
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 one supplemental payment and at least 60 valid 
qualifying contributions to qualify for 2 supplemental payments. A candidate for the 
State Senate must submit at least 100 valid qualifying contributions to qualify for one 
supplemental payment and at least 200 valid qualifying contributions to qualify for 2 
supplemental payments. 
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 
7. 
E. The commission shall determine the number of supplemental payments for which 
a candidate is eligible 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 determination. 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 may make the first supplemental payment after September 1 st 
upon request of the candidate. The commission may make the 2nd supplemental 
payment after October 1st upon request of the candidate. A request for supplemental 
payment must be received by the commission no later than the 8th day before the 
general election. 
G. The commission may establish alternate schedules to qualify for and request 
supplemental payments 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. Re'leftHeS for the gefteral eleetioft mHst 
be distribHted to the eaftdidate ftO later thaft 3 days after eertifieatioft. An unenrolled 
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HOUSE AMENDMENT" #" to S.P. 612, L.D. 1774 
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 
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 10 15, up to the applicable amounts set forth in 
subsections 8-A and 9 9-A according to rules adopted by the commission. 
This subsection takes effect September 1, 2011. 
Sec. 20. 21-A MRSA §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 must 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 H-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 oOlIHRission may assess a fine of \:lfl to $10,000 for a violation of the reporting 
reql:lirements ofseotions 1017 and 1019 B ifit determines that the faill:lre to file a timely 
and aOOl:lfate report resl:llted in the late payment of matohing 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 
13-A, subsection 1 found in violation of this chapter or rules ofthe commission may be 
required to return to the fund all amounts distributed to the candidate from the fund or 
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HOUSE AMENDMENT "if" to S,P, 612, L.D, 1774 
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 fine or transmit the finding to the Attorney General for 
prosecution. A final determination by the commission may be appealed to Superior Court 
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 primary and general election cycles. 
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 candidates for the Legislature for the 2012 election cycles certified 
as Maine Clean Election Act candidates under Title 21-A, chapter 14: 
1. For a candidate for the State House of Representatives: 
A. In an uncontested election during the primary election cycle, $500; 
B. In a contested election during the primary election cycle, $1,500; 
C. In an uncontested election during the general election cycle, $1,368; and 
D. In a contested election during the general election cycle, for the initial payment, 
$5,000, and for the supplemental payment, $2,500, as provided in Title 21-A, section 
1125, subsections 8-A and 9-A; and 
2. For a candidate for the State Senate: 
A. In an uncontested election during the primary election cycle, $2,000; 
B. In a contested election during the primary election cycle, $6,000; 
C. In an uncontested election during the general election cycle, $6,296; and 
D. In a contested election during the general election cycle, for the initial payment, 
$25,000, and for the supplemental payment, $12,500, as provided in Title 21-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 enactment of this Act. 
Rules adopted in accordance with this section are routine technical rules as defmed 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 
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Governmental Ethics and Election Practices - Commission on 0414 
Initiative: Allocates payments to candidates based upon repealing Resolve 2011, chapter 
89, which reduced the amount distributed during the 2012 election cycle to 5% less than 
the amount distributed during the 2010 election cycle. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$245,835 
$245,835 
Governmental Ethics and Election Practices - Commission on 0414 
2012-13 
$0 
$0 
Initiative: Adjusts allocations of payments to legislative candidates in contested general 
election races based upon providing additional opportunities to qualify for supplemental 
funds and eliminating matching funds. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
ETHICS AND ELECTION PRACTICES, 
COMMISSION ON GOVERNMENTAL 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2011-12 
$1,000,074 
$1,000,074 
2011-12 
$1,245,909 
$1,245,909 
2012-13 
($927,880) 
($927,880) 
2012-13 
($927,880) 
($927,880) 
SUMMARY 
This amendment, like the bill, 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. 
Unlike the bill, 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 up to 2 additional distributions: the 
first distribution would be made after September 1st of the election year upon request of 
the candidate and the 2nd after October 1 st upon request of the candidate. In order to 
qualify for both supplemental payments, a candidate for the House of Representatives 
needs to collect an additional 60 qualifying contributions by June 30th of the election 
year. Similarly, a candidate for the Senate is required to collect 200 additional qualifying 
contributions to receive both supplemental distributions. The amendment doubles the 
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amount of seed money contributions legislative candidates may receive. The amendment 
also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
hh // (See attached) 
SPONSORED BY: ~ 
Z 0----
(Representative CAREY) 
TOWN: Lewiston 
HOUSE AMENDMENT 
Approved: 03/06112 
~ac 
LD 1774 
LR 2682(13) 
An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act 
Fiscal Note for House Amendment ,ft" 
Sponsor: Rep. Carey of Lewiston 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
Projections 
FY 2013-14 
Projections 
FY 2014-15 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$1,718,910 
$38,425 
$0 
$1,473,075 
$0 
$0 
$38,425 
$0 
This floor amendment retains the original bill's repeal of requirements related to qualification for and distribution of 
matching funds. It also specifies distributions to candidates during the 2012 election cycle 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 
$1,718,910 in fiscal year 2011-12 and an increase in Other Special Revenue Funds revenue of$38,425 in fiscal year 
2011-12. 
LR2682(13) - Fiscal Note - Page 1 of 1