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

Legislative Document 
No. 1774 
S.P. 612 
In Senate, January 17, 2012 
An Act Regarding the Matching Funds Provisions of the Maine 
Clean Election Act 
(EMERGENCY) 
Reported by the Majority from the Joint Standing Committee on Veterans and Legal 
Affairs pursuant to Resolve 2011, chapter 103, section 2. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Supreme Court of the United States has ruled on matching funds 
provisions in a program that provides public financing to legislative candidates similar to 
the Maine Clean Election Act; and 
Whereas, the Maine Clean Election Act will be administered during the 2012 
election cycle, which commences prior to 90 days after adjournment; and 
Whereas, the Legislature must conform the Maine Clean Election Act to the court's 
ruling as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
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repealed.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 matching fund 
provisions under chapter 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 MRSA §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, except for accelerated campaign finance reports required pursuant to section 
1017, subsection 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. 
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 accelerated campaign finance report as required in section 
1017, subsection 3-B may be up to but no more than 3 times the amount by which the 
contributions received or expenditures obligated or made by the candidate exceed the 
applicable Maine Clean Election Fund disbursement amount, per day of violation.  The 
commission shall make a finding of fact establishing when the report was due prior to 
imposing a penalty under this subsection.  A penalty for failure to file an accelerated 
campaign finance report must be made payable to the Maine Clean Election Fund.  In 
assessing a penalty for failure to file an accelerated campaign finance report, the 
commission shall consider the existence of mitigating circumstances.  For the purposes of 
this subsection, "mitigating circumstances" has the same meaning as in subsection 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; or. 
Sec. 5.  21-A MRSA §1020-A, sub-§5-A, ¶E, as enacted by PL 2001, c. 714, Pt. 
PP, §1 and affected by §2, is repealed. 
Sec. 6.  21-A MRSA §1125, sub-§8-A, ¶¶A and B, as enacted by PL 2009, c. 
302, §17 and affected by §24, are amended to read: 
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; and. 
Sec. 7.  21-A MRSA §1125, sub-§8-A, ¶C, as enacted by PL 2009, c. 302, §17 
and affected by §24, is repealed. 
Sec. 8.  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. 9.  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, 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 subsection 8-A and 9 according to rules adopted by the commission. 
This subsection takes effect September 1, 2011. 
Sec. 10.  21-A MRSA §1127, sub-§1, 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 commission may assess a fine of up to $10,000 for a violation of the reporting 
requirements of sections 1017 and 1019-B if it determines that the failure to file a timely 
and accurate report resulted in the late payment of matching 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 
1013-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 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. 11.  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 
Initiative: Reduction in payments to candidates from eliminating matching funds. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill strikes provisions governing and references to matching funds within the 
Maine Clean Election Act in response to the 2011 ruling of the United States Supreme 
Court in Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (2011).  The bill 
also repeals candidate and independent expenditure reporting requirements directly 
related to the matching funds provisions.  The bill includes an appropriations and 
allocations section. 
OTHER SPECIAL REVENUE FUNDS 
2011-12
2012-13
All Other 
($473,001)
($927,880)
OTHER SPECIAL REVENUE FUNDS TOTAL 
($473,001)
($927,880)
Approved: 01/09/12
LD 1774
LR 2682(01)
FY 2011-12
FY 2012-13
Projections 
FY 2013-14
Projections 
FY 2014-15
Appropriations/Allocations
Other Special Revenue Funds
($473,001)
($927,880)
($473,001)
($927,880)
Revenue
Other Special Revenue Funds
($23,650)
$0
($23,650)
$0
Fiscal Detail and Notes
This legislation, in response to the ruling of the United States Supreme Court, repeals requirements related to 
qualification for and distribution of matching funds.  The bill includes an Other Special Revenue Funds deallocation 
to the Commission on Governmental Ethics and Election Practices of $473,001 in fiscal year 2011-12 and $927,880 in 
fiscal year 2012-13 for reduced payments to candidates related to eliminating matching funds.  This analysis assumes 
participation in the Maine Clean Elections process will decrease due to the elimination of matching funds, therefore 
Other Special Revenue Funds revenue will decrease by $23,650 in fiscal year 2011-12 from reduced qualifying 
contributions.
Fiscal Note
An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act
Fiscal Note for Original Bill
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
LR2682(01) - Fiscal Note - Page 1 of 1