An Act Regarding Maine Clean Election Act Funds for a Candidate without a Primary Opponent
Maine Legislature, Session 125, LD 0080
Committee: Veterans and Legal Affairs
Sponsors: KNIGHT, SHERMAN, BURNS, DILL, GIFFORD, HANLEY, O'CONNOR, PICCHIOTTI, PLUMMER, VALENTINO
Amends: 21-A MRSA §1125

Legislative Document 
No. 80 
H.P. 68 
House of Representatives, January 12, 2011 
An Act Regarding Maine Clean Election Act Funds for a Candidate 
without a Primary Opponent 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative KNIGHT of Livermore Falls. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: BURNS of Whiting, DILL of Old Town, GIFFORD of Lincoln, HANLEY of 
Gardiner, O'CONNOR of Berwick, PICCHIOTTI of Fairfield, PLUMMER of Windham, 
VALENTINO of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1125, sub-§7, ¶A, as amended by PL 2001, c. 465, §4, is 
further amended to read: 
A.  Within 3 days after certification, for candidates certified prior to March 15th of 
the election year, revenues from the fund must be distributed as if the candidates are 
in an uncontested primary election determined by the commission. 
Sec. 2.  21-A MRSA §1125, sub-§8-A, as enacted by PL 2009, c. 302, §17 and 
affected by §24, is amended to read: 
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 may not make a distribution to a candidate in an uncontested 
legislative primary 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; 
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; and 
C.  The impact of independent expenditures on the payment of matching funds. 
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.  The commission may not make 
a distribution to a candidate in an uncontested gubernatorial primary election.  For 
contested and uncontested gubernatorial general elections, the amount of revenues 
distributed is $600,000 per candidate in the general election. 
Sec. 3.  21-A MRSA §1125, sub-§10, as repealed and replaced by PL 2009, c. 
652, Pt. A, §27 and affected by §28, is 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 15th preceding the primary election 
and who is certified is not eligible for revenues from the fund for a primary election and 
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.  Otherwise, an unenrolled candidate for the Legislature must 
submit the required number of qualifying contributions and the other required documents 
under subsection 4 by 5:00 p.m. on June 2nd preceding the general election.  If certified, 
the candidate is eligible for revenues from the fund in the same amounts as a general 
election candidate, as specified in subsection 8-A.  Revenues for the general election 
must be distributed to the candidate no later than 3 days after certification.  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 not eligible for revenues from the 
fund for a primary election and 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. 
SUMMARY 
This bill provides that the Commission on Governmental Ethics and Election 
Practices may not make a distribution of Maine Clean Election Act funds to a candidate 
in an uncontested legislative or gubernatorial primary election.