An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act
Maine Legislature, Session 125, LD 1774
House Amendment HA_D_H781 (House)
Amends: 21-A MRSA §1122, 21-A MRSA §1124, 21-A MRSA §1125, 21-A MRSA §1126

HOUSE AMENDMENT "p" 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 all of sections 6 and 7 and inserting the following: 
'Sec. 6. 21-A MRSA §1122, sub-§7, ~B, 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§2, is repealed.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-§4 is enacted to read: 
4. Return of fund revenues; dedicated use. A Maine Clean Election Act candidate 
in a general election may return unspent fund revenues that were distributed to that 
candidate at any time prior to the general election. Notwithstanding any provision of this 
chapter to the contrary, any unspent revenue returned to the commission pursuant to this 
subsection may only be used by the commission to provide supplemental payments to 
legislative candidates in a contested election pursuant to section 1125, subsection 9-A. 
Sec. 9. 21-A MRSA §1125, sub-§I, 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 
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 subsection subsections 3 and 9-A. 
Sec. 10. 21-A MRS A §1125, sub-§5, as amended by PL 2011, c. 389, §52, is 
further amended to read: 
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5. Certification of Maine Clean Election Act candidates. Upon receipt of a final 
complete submittal of qualifying oontrihations 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; 
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-S. 
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 final 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. 11. 21-A MRSA §1125, sub-§6, as amended by PL 2011, c. 389, §54, is 
further amended to read: 
HOUSE AMENDMENT 
HOUSE AMENDMENT ,:1)" to S.P. 612, L.D. 1774 
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. 12. 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. 
The 
supplemental payment to a legislative candidate in a contested general election must 
be made in the manner set forth in subsection 9-A. 
Sec. 13. 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 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;-aHd~ 
C. The impast of independent expenditures on the payment ofmatohing funds. 
For a legislative candidate in a contested general election, the commission shall 
determine the amounts of the initial payment and the supplemental payment for which a 
candidate may qualify under subsection 9-A. The initial payment may not be less than 
the supplemental payment 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. 
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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 by striking out all of section 9 and inserting the following: 
'Sec. 9. 21-A MRSA §1125, sub-§9-A is enacted to read: 
9-A. Supplemental payments for legislative candidates in a contested general 
election. 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. 
A. 
A candidate may collect qualifying contributions to qualify for supplemental 
payments 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. 
C. A candidate for the State House of Representatives must submit at least 30 valid 
qualifying contributions to qualify for one supplemental payment. A candidate for 
the State Senate must submit at least 100 valid qualifying contributions to qualify for 
one 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 
7. 
E. 
The commISSIOn shall determine whether the 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 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 supplemental payment after September 1st upon 
request of the candidate. A request for a supplemental payment must be received by 
the commission no later than the 8th day before the general election. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT 'J)" to S.P. 612, L.D. 1774 
G. The commission may establish alternate schedules to qualify for and request 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. 10. 21-A MRS A §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 arui, 8-A and 9-A. Revenues for the geAeral 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 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. 11. 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 commission. 
This subsection takes effect September 1, 2011. 
Sec. 12. 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 a 
supplemental payment, 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 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,1)" to S.P. 612, L.D. 1774 
Election Act. Rules of the commission required by this section are major substantive 
rules as defined in Title 5, chapter 375, subchapter lI--A 2-A.' 
Amend the bill by striking out all of section 11 and inserting the following: 
'Sec. 11. Resolve 2011, c. 89 is repealed. 
Sec. 12. 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, $0; 
B. In a contested election during the primary election cycle, $1,500; 
C. In an uncontested election during the general election cycle, $500; and 
D. In a contested election during the general election cycle, for the initial payment, 
$4,000, and for the supplemental payment as provided in this Act, $1,500; and 
2. For a candidate for the State Senate: 
A. In an uncontested election during the primary election cycle, $0; 
B. In a contested election during the primary election cycle, $7,350; 
C. In an uncontested election during the general election cycle, $2,000; and 
D. In a contested election during the general election cycle, for the initial payment, 
$22,000, and for the supplemental payment as provided in this Act, $7,500. 
Sec. 13. Supplemental payments for legislative candidates in a contested 
general election in 2012. Notwithstanding the Maine Revised Statutes, Title 21-A, 
section 1125, subsection 9-A, for the 2012 general election only, a participating 
candidate, as defined in Title 21-A, section 1122, subsection 6, who is a legislative 
candidate in a contested general election in 2012 may qualify to receive one supplemental 
payment from the Maine Clean Election Fund, established in Title 21-A, section 1124, by 
collecting additional qualifying contributions, as defined in Title 21-A, section 1122, 
subsection 7, beyond the number of qualifying contributions required by Title 21-A, 
section 1125, subsection 3, paragraph B or C and submitted in the manner described in 
Title 21-A, section 1125, subsection 4. A legislative candidate who is unopposed in the 
general election is not eligible to receive a supplemental payment. 
1. 
A candidate may collect qualifying contributions to qualify for supplemental 
payments from January 1,2012 to August 15,2012. 
2. 
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 Title 21-A, section 1122, subsection 7 to the Commission on 
Governmental Ethics and Election Practices, established by Title 5, section 12004-G, 
subsection 33 and referred to in this section as "the commission," no later than 5:00 p.m. 
on August 15,2012. 
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3. A candidate for the State House of Representatives must submit at least 30 valid 
qualifying contributions to qualify for one supplemental payment. A candidate for the 
State Senate must submit at least 100 valid qualifying contributions to qualify for one 
supplemental payment. 
4. 
The commission shall count a qualifying contribution as valid toward the 
supplemental payment requirements if the contribution: 
A. Meets the requirements for a qualifying contribution in Title 21-A, section 1122, 
subsection 7; 
B. Was not counted toward eligibility for certification in Title 21-A, section 1125, 
subsection 3; and 
C. Is documented with the required acknowledgments by the contributor and proof 
of voter registration of the contributor pursuant to Title 21-A, section 1122, 
subsection 7. 
5. 
The commission shall determine whether the candidate is eligible for a 
supplemental payment and notify the candidate within 10 business days of the 
determination, but no later than August 27, 2012. A candidate or another interested 
person may appeal the determination. The commission shall establish an appeals process 
for appeals made pursuant to this subsection that is similar to the process under Title 
21-A, section 1125, subsection 14. 
6. The commission may make the supplemental payment after September 1, 2012 
upon request of the candidate. A request for a supplemental payment must be received by 
the commission no later than October 29, 2012. 
7. 
The commission may establish an alternate 2012 schedule to qualify for and 
request a supplemental payment for a candidate in a general election in which the 
candidate has replaced a candidate who has withdrawn from the race. 
Sec. 14. 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 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. 15. 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: Adjusts payments to candidates as a result of adjusting distributions during the 
2012 election cycle. 
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OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
($190,336) 
($190,336) 
Governmental Ethics and Election Practices - Commission on 0414 
2012-13 
$245,416 
$245,416 
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 payments to candidates to reflect the elimination of matching funds. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
($473,001) 
($473,001) 
Governmental Ethics and Election Practices - Commission on 0414 
2012-13 
($927,880) 
($927,880) 
Initiative: Adjusts allocations of payments to legislative candidates in contested general 
election races based upon providing an opportunity to qualify for a supplemental 
payment. 
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 
$0 
$0 
2011-12 
($417,502) 
($417,502) 
HOUSE AMENDMENT 
2012-13 
$139,500 
$139,500 
2012-13 
($542,964) 
($542,964) 
HOUSE AMENDMENT ,y" to S.P. 612, L.D. 1774 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
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 candidate in a contested race certified to participate 
in the Maine Clean Election Act is able to qualify for an additional distribution made 
after September 1st of the election year upon request of the candidate. In order to qualify 
for the supplemental payment, a candidate for the House of Representatives needs to 
collect an additional 30 qualifying contributions and a candidate for the Senate is required 
to collect 100 additional qualifying contributions. 
This amendment specifies that a 
candidate in a general election may return unspent Maine Clean Election Fund revenue to 
the Commission on Governmental Ethics and Election Practices at any time prior to the 
general election. 
The commission is authorized to disburse the returned revenue to 
provide for supplemental payments to candidates in contested races. This amendment, 
for the 2012 general election cycle only, extends the amount of time a candidate has to 
collect qualifying contributions in order to qualify for a supplemental payment. The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: --~-' 
----=.~--+l-. _.......,~=---~_ 
(Representative CAREY) 
/' 
TOWN: Lewiston 
HOUSE AMENDMENT 
Approved: 03/13/12 m-ac 
LD 1774 
LR 2682(18) 
An Act Regarding the Matching Funds Provisions of the Maine Clean Election Act 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note for House Amendment II'])' 
Sponsor: Rep. Carey of Lewiston 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$55,499 
$384,916 
Projections 
FY 2013-14 
$0 
Projections 
FY 2014-15 
$139,500 
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, creates an opportunity for 
legislative candidates in contested general election races to qualify for a supplemental payment and 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 
$55,499 in fiscal year 2011-12 and $384,916 in fiscal year 2012-13. 
LR2682(18) - Fiscal Note - Page 1 of 1