An Act To Amend the Laws Governing the Maine Clean Election Act
Maine Legislature, Session 125, LD 1618
Committee: Veterans and Legal Affairs
Sponsors: FARNHAM
Amends: 21-A MRSA §1017, 21-A MRSA §1125

Legislative Document 
No. 1618 
S.P. 528 
In Senate, December 20, 2011 
An Act To Amend the Laws Governing the Maine Clean Election 
Act 
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2011.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator FARNHAM of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1017, sub-§5, as amended by PL 2009, c. 302, §4, is 
further amended to read: 
5.  Content.  A report required under this section must contain the itemized accounts 
of contributions received during that report filing period, including the date a contribution 
was received, and the name, address, occupation, principal place of business, if any, and 
the amount of the contribution of each person who has made a contribution or 
contributions aggregating in excess of $50.  The report must contain the itemized 
expenditures made or authorized during the report filing period, the date and purpose of 
each expenditure and the name of each payee and creditor and any refund that a payee has 
made to the candidate or an agent of the candidate.  If the payee is a member of the 
candidate's household or immediate family, the candidate must disclose the candidate's 
relationship to the payee in a manner prescribed by the commission.  The report must 
contain a statement of any loan to a candidate by a financial institution in connection with 
that candidate's candidacy that is made during the period covered by the report, whether 
or not the loan is defined as a contribution under section 1012, subsection 2, paragraph A.  
The candidate and the treasurer are jointly and severally responsible for the timely and 
accurate filing of each required report. 
Sec. 2.  21-A MRSA §1125, sub-§7-A, as amended by PL 2007, c. 443, Pt. B, §6, 
is repealed and the following enacted in its place: 
7-A.  Deposit into account; release of bank records.  A candidate or a committee 
authorized pursuant to section 1013-A, subsection 1 shall deposit all revenues from the 
fund and all seed money contributions in an account, referred to in this subsection as a 
"campaign account," with a bank or other financial institution.  The campaign funds must 
be segregated from, and may not be commingled with, any other funds. 
A.  A participating candidate shall provide to the commission a signed written 
authorization allowing the bank or other financial institution administering a 
campaign account to release to the commission all records held by that bank or 
institution pertaining to the campaign account, including, but not limited to, 
campaign account statements, records of payments or transfers from the campaign 
account and deposits of funds to the campaign account. 
B.  The executive director of the commission or its auditor, during an audit or during 
an investigation authorized by the commission or the chair of the commission of 
potential noncompliance with the requirements of this chapter, chapter 13 or a rule of 
the commission, may request that a candidate provide the records of a campaign 
account.  If the candidate fails to comply with the request within 30 days of receiving 
it, the executive director or auditor may use the authorization obtained pursuant to 
paragraph A to obtain the records directly from the bank or other financial institution. 
Sec. 3.  21-A MRSA §1125, sub-§12, as amended by PL 2009, c. 302, §20, is 
further amended to read: 
12.  Reporting; unspent revenue.  Notwithstanding any other provision of law, 
participating and certified candidates shall report any money collected, all campaign 
expenditures, obligations, refunds received by a candidate or agent of that candidate and 
related activities to the commission according to procedures developed by the 
commission.  If a certified candidate pays fund revenues to a member of the candidate's 
immediate family or household or a business or nonprofit entity affiliated with a member 
of the candidate's immediate family or household, the candidate must disclose the 
candidate's relationship to the payee in a manner prescribed by the commission.  Upon 
the filing of a final report for any primary election in which the candidate was defeated 
and for all general elections that candidate shall return all unspent fund revenues to the 
commission.  In developing these procedures, the commission shall utilize existing 
campaign reporting procedures whenever practicable.  The commission shall ensure 
timely public access to campaign finance data and may utilize electronic means of 
reporting and storing information.  Upon the filing of a final report for any primary 
election in which the candidate was defeated and for all general elections, that candidate 
shall return all unspent fund revenues to the commission.  If the candidate or agent of the 
candidate receives a refund from a vendor or subvendor after filing the final report, the 
candidate shall return those funds to the fund within 14 days of receiving the refund. 
Sec. 4.  21-A MRSA §1125, sub-§12-D is enacted to read: 
12-D.  Purchase by vendors on behalf of a certified candidate.  A vendor that is 
paid more than $500 by a certified candidate and uses Maine Clean Election Act funds to 
purchase goods or services relating to campaign advertising from a subvendor on behalf 
of the candidate shall provide to the candidate an accounting of all purchases made, 
including the date and amount of the purchases, the goods or services purchased and the 
name of the subvendor.  The certified candidate shall itemize these purchases in the 
candidate's campaign finance reports according to the procedures established by the 
commission.  For all purchases of $50 or more, the vendor shall obtain and provide to the 
candidate an invoice or receipt from the subvendor stating the particular goods or services 
purchased and a record proving that the subvendor received payment.  The vendor shall 
return to the candidate all refunds received from subvendors. 
Sec. 5.  Effective date.  That section of this Act that repeals and replaces the Maine 
Revised Statutes, Title 21-A, section 1125, subsection 7-A takes effect January 1, 2013. 
SUMMARY 
Under current law, all Maine Clean Election Act candidates are required to deposit 
seed money and Maine Clean Election Act funds in a campaign account with a bank or 
other financial institution.  The candidates are not allowed to commingle these campaign 
funds with any personal funds.  This bill, beginning January 1, 2013, requires a candidate 
seeking Maine Clean Election Act funds to file with the Commission on Governmental 
Ethics and Election Practices a written authorization allowing the financial institution to 
release to the commission account statements and other financial records held by the 
financial institution.  If a candidate does not provide the records of the campaign account 
within 30 days after receiving the request from the commission during an audit or an 
investigation of potential noncompliance by the candidate, the commissioner's executive 
director or auditor may obtain the records directly from the financial institution. 
This bill also requires candidates to disclose in their campaign finance reports any 
refund of campaign funds received from vendors and requires Maine Clean Election Act 
candidates to return all refunds received after the filing of the candidate’s final report to 
the commission within 14 days of receiving the refund. 
Finally, this bill requires a vendor that is paid more than $500 in Maine Clean 
Election Act funds, and that uses those funds to make purchases on behalf of the 
candidate relating to campaign advertising, to provide the candidate with an accounting 
of all purchases.  The vendor is also required to keep and to provide to the candidate 
records of the payments made on behalf of the candidate.