An Act To Repeal the Maine Clean Election Laws
Maine Legislature, Session 125, LD 0659
Committee: Veterans and Legal Affairs
Sponsors: LIBBY, THIBODEAU, CHASE, CURTIS, DAVIS, GIFFORD, O'CONNOR, PARRY, SIROCKI, TIMBERLAKE
Amends: 1 MRSA §1008, 1 MRSA §1015, 21-A MRSA §153-A, 21-A MRSA §1004-B, 21-A MRSA §1013-A, 21-A MRSA §1017, 21-A MRSA §1018-B, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 36 MRSA §5286

Legislative Document 
No. 659 
H.P. 489 
House of Representatives, February 17, 2011 
An Act To Repeal the Maine Clean Election Laws 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative LIBBY of Waterboro. 
Cosponsored by Senator THIBODEAU of Waldo and 
Representatives: CHASE of Wells, CURTIS of Madison, DAVIS of Sangerville, GIFFORD of 
Lincoln, O'CONNOR of Berwick, PARRY of Arundel, SIROCKI of Scarborough, 
TIMBERLAKE of Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §1008, sub-§2, as amended by PL 2001, c. 430, §4, is further 
amended to read: 
2.  Election practices.  To administer and investigate any violations of the 
requirements for campaign reports and campaign financing, including the provisions of 
the Maine Clean Election Act and the Maine Clean Election Fund; 
Sec. 2.  1 MRSA §1008, sub-§4, as amended by IB 1995, c. 1, §5, is further 
amended to read: 
4.  Lobbyist activities.  To administer the lobbyist disclosure laws, Title 3, chapter 
15; and 
Sec. 3.  1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is repealed. 
Sec. 4.  1 MRSA §1015, sub-§3, ¶A, as amended by PL 2007, c. 279, §1, is 
further amended to read: 
A.  As used in this subsection, the terms "employer," "lobbyist" and "lobbyist 
associate" have the same meanings as in Title 3, section 312-A.  As used in this 
subsection, "contribution" has the same meaning as in Title 21-A, section 1012 and 
includes seed money contributions as defined in Title 21-A, section 1122, subsection 
9. 
Sec. 5.  1 MRSA §1015, sub-§3, ¶B, as amended by PL 2009, c. 286, §1, is 
further amended to read: 
B.  The Governor, a member of the Legislature or any constitutional officer or the 
staff or agent of the Governor, a member of the Legislature or any constitutional 
officer may not intentionally solicit or accept a contribution from a lobbyist, lobbyist 
associate or employer during any period of time in which the Legislature is convened 
before final adjournment, except for a qualifying contribution as defined under Title 
21-A, section 1122, subsection 7.  A lobbyist, lobbyist associate or employer may not 
intentionally give, offer or promise a contribution, other than a qualifying 
contribution, to the Governor, a member of the Legislature or any constitutional 
officer or the staff or agent of the Governor, a member of the Legislature or any 
constitutional officer during any time in which the Legislature is convened before 
final adjournment.  These prohibitions apply to contributions directly and indirectly 
solicited or accepted by, or given, offered and promised to a political action 
committee, ballot question committee or party committee of which the Governor, a 
member of the Legislature, a constitutional officer or the staff or agent of these 
officials is a treasurer, officer or primary fund-raiser or decision maker. 
Sec. 6.  21-A MRSA §153-A, sub-§3, as amended by PL 2005, c. 568, §6, is 
further amended to read: 
3.  Signing petitions.  Once an alternative registration signature statement is on file 
with the registrar, the voter may authorize any other Maine-registered voter to sign 
candidate petitions and any Maine Clean Election Act forms requiring a voter's signature 
in the presence and at the direction of the voter, except that the individual assisting the 
voter may not be a candidate, the circulator of the petition or form, the voter's employer 
or an agent of that employer or an officer or agent of the voter's union.  In addition to 
using the voter's signature stamp or signing for the voter, the individual assisting the voter 
must print and sign the individual's own name and residence address on the petition or 
form and attest that the individual is signing on the voter's behalf.  This method of signing 
satisfies the requirements in this Title that voters personally sign candidate petitions. 
Sec. 7.  21-A MRSA §1004-B, as enacted by PL 2009, c. 302, §3, is amended to 
read: 
§1004-B.  Enforcement of penalties assessed by the commission 
The commission staff shall collect the full amount of any penalty and the return of 
Maine Clean Election Act funds required by the commission to be returned for a violation 
of the statutes or rules administered by the commission and has all necessary powers to 
carry out these duties. Failure to pay the full amount of any penalty assessed by the 
commission or return of Maine Clean Election Act funds is a civil violation by the 
candidate, treasurer, party committee, political action committee or other person.  Thirty 
days after issuing the notice of penalty or order for the return of funds, the commission 
shall report to the Attorney General the name of any person who has failed to pay the full 
amount of any penalty or to return Maine Clean Election Act funds unless the 
commission has provided an extended deadline for payment. The Attorney General shall 
enforce the violation in a civil action to collect the full outstanding amount of the penalty 
or order for the return of Maine Clean Election Act funds. This action must be brought in 
the Superior Court for Kennebec County or the District Court, 7th District, Division of 
Southern Kennebec. 
Sec. 8.  21-A MRSA §1013-A, sub-§1, ¶A, as amended by PL 2009, c. 366, §2 
and affected by §12, is further amended to read: 
A.  No later than 10 days after becoming a candidate and before accepting 
contributions, making expenditures or incurring obligations, a candidate for state, 
county or municipal office shall appoint a treasurer.  The candidate may serve as 
treasurer, except that a candidate certified in accordance with section 1125 may not 
serve as treasurer.  The candidate may have only one treasurer, who is responsible for 
the filing of campaign finance reports under this chapter.  A candidate shall register 
the candidate's name and address and the name and address of the treasurer appointed 
under this section no later than 10 days after the appointment of the treasurer.  A 
candidate may accept contributions personally or make or authorize expenditures 
personally, as long as the candidate reports all contributions and expenditures to the 
treasurer.  The treasurer shall make a consolidated report of all income and 
expenditures and provide this report to the commission. 
(1) A candidate may appoint a deputy treasurer to act in the absence of the 
treasurer.  The deputy treasurer, when acting in the absence of the treasurer, has 
the same powers and responsibilities as the treasurer.  A candidate certified in 
accordance with section 1125 may not serve as deputy treasurer.  When a 
treasurer dies or resigns, the deputy treasurer may not assume the position of 
treasurer unless the candidate appoints the deputy treasurer to the position of 
treasurer.  The candidate shall report the name and address of the deputy treasurer 
to the commission no later than 10 days after the deputy treasurer has been 
appointed. 
Sec. 9.  21-A MRSA §1013-A, sub-§1, ¶C, as amended by PL 2007, c. 443, Pt. 
A, §7, is further amended to read: 
C.  No later than 10 days after becoming a candidate, as defined in section 1, 
subsection 5, a candidate for the office of State House of Representatives or Senate 
shall file in writing a statement declaring that the candidate agrees to accept voluntary 
limits on political expenditures or that the candidate does not agree to accept 
voluntary limits on political expenditures, as specified in section 1015, subsections 7 
to 9.  A candidate who has filed a declaration of intent to become certified as a 
candidate under the Maine Clean Election Act is not required to file the written 
statement required by this paragraph. 
The statement filed by a candidate who voluntarily agrees to limit spending must 
state that the candidate knows the voluntary expenditure limitations as set out in 
section 1015, subsection 8 and that the candidate is voluntarily agreeing to limit the 
candidate's political expenditures and those made on behalf of the candidate by the 
candidate's political committee or committees, the candidate's party and the 
candidate's immediate family to the amount set by law.  The statement must further 
state that the candidate does not condone and will not solicit any independent 
expenditures made on behalf of the candidate. 
The statement filed by a candidate who does not agree to voluntarily limit political 
expenditures must state that the candidate does not accept the voluntary expenditure 
limits as set out in section 1015, subsection 8. 
Sec. 10.  21-A MRSA §1017, sub-§3-B, as corrected by RR 2009, c. 2, §46, is 
repealed. 
Sec. 11.  21-A MRSA §1018-B, sub-§2, as enacted by PL 2005, c. 301, §21, is 
amended to read: 
2.  Limitations.  Candidates may receive donations without limitation for purposes of 
a recount from party committees and caucus campaign committees and from attorneys, 
consultants and their firms that are donating their services without reimbursement.  
Candidates may not spend revenues received under chapter 14 for recount expenditures. 
Sec. 12.  21-A MRSA §1019-B, sub-§1, ¶A, as enacted by PL 2003, c. 448, §3, 
is amended to read: 
A.  Is any expenditure made by a person, party committee, political committee or 
political action committee, other than by contribution to a candidate or a candidate's 
authorized political committee, for any communication that expressly advocates the 
election or defeat of a clearly identified candidate; and. 
Sec. 13.  21-A MRSA §1019-B, sub-§1, ¶B, as amended by PL 2007, c. 443, Pt. 
A, §20, is repealed. 
Sec. 14.  21-A MRSA §1019-B, sub-§2, as enacted by PL 2003, c. 448, §3, is 
repealed. 
Sec. 15.  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. 16.  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. 17.  21-A MRSA §1020-A, sub-§5-A, ¶C, as amended by PL 2003, c. 628, 
Pt. A, §4, is 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 
Sec. 18.  21-A MRSA §1020-A, sub-§5-A, ¶D, as amended by PL 2003, c. 628, 
Pt. A, §4, is further amended to read: 
D.  Five hundred dollars for municipal, district and county committees for reports 
required under section 1017-A, subsection 4-B; or. 
Sec. 19.  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. 20.  21-A MRSA c. 14, as amended, is repealed. 
Sec. 21.  36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is repealed. 
SUMMARY 
This bill repeals the Maine Clean Election Act.