An Act To Provide Transparency in Fund-raising by and Lobbying of a Governor-elect
Maine Legislature, Session 126, LD 1023
Committee: Veterans and Legal Affairs
Amends: 3 MRSA §312-A

Legislative Document 
No. 1023 
S.P. 347 
In Senate, March 14, 2013 
An Act To Provide Transparency in Fund-raising by and Lobbying 
of a Governor-elect 
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
the Maine Revised Statutes, Title 1, section 1009. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA c. 25, sub-c. 3 is enacted to read: 
SUBCHAPTER 3 
GOVERNOR-ELECT 
§1051.  Disclosure of donations to fund transition and inaugural activities 
The Governor-elect may establish a committee, referred to in this section as "the 
committee," to solicit and accept donations for the purposes of financing the costs related 
to the inauguration of the Governor-elect and financing the activities related to the 
transition to the office of Governor by the Governor-elect.  If the Governor-elect appoints 
such a committee, the Governor-elect shall appoint a treasurer for the committee who is 
responsible for keeping records of donations and for filing the financial disclosure 
statement required by subsection 1.  All donations received must be deposited in a 
separate and segregated account and may not be commingled with any campaign 
contributions received by the Governor-elect or the political committee of the Governor-
elect or any personal or business funds of the Governor-elect or any other person. The 
Governor-elect may not personally solicit or accept donations for these purposes. 
1.  Registration with the commission and financial disclosure statement of 
donors.  The committee shall register and file a financial disclosure statement with the 
commission as required by this subsection. 
A.  The committee shall register with the commission within 10 days of the 
appointment of a treasurer.  The registration must include the names and mailing 
addresses of the committee, its treasurer and all individuals who are raising funds for 
the committee. 
B.  The financial disclosure statement must contain the names, addresses, occupations 
and employers of all donors who have given money or anything of value to the 
committee, along with the amounts and dates of the donations.  Loans must be 
disclosed as a form of donation.  Donors who have given $100 or less may be 
disclosed in the aggregate without itemization. 
C.  Any outstanding loan, debt or other obligation as of the filing deadline under 
paragraph D must be disclosed by the committee. 
D.  The financial disclosure statement must be completed and filed by 5:00 p.m. on 
February 15th of the year following the election. 
E.  The commission may adopt procedures and forms for the disclosures required 
under this subsection.  In developing the form of the financial disclosure statement, 
the commission shall consider the ease with which the public will be able to access 
the information and the reasonableness of the burden on the committee or the 
committee's treasurer. 
2.  Limitation on fund-raising activity.  The committee may accept donations from 
the day after the election of the Governor-elect to January 31st of the year following the 
election. 
3.  Prohibited donations during a legislative session.  The committee may not 
directly or indirectly solicit or accept a donation from a lobbyist or lobbyist associate or 
employer, as these terms are defined in Title 3, section 312-A, during any period of time 
in which the Legislature is convened in regular session before final adjournment.  A 
lobbyist or lobbyist associate or employer may not directly or indirectly give, offer or 
promise a donation to the committee during any period of time in which the Legislature is 
convened in regular session before final adjournment. 
4.  Anonymous donations.  The committee may not accept anonymous donations in 
excess of $10. 
5.  Disposing of surplus funds.  Prior to filing the financial disclosure statement 
under subsection 1, the committee shall either donate any surplus funds remaining in the 
committee's account to a charitable organization that qualifies as a nonprofit corporation 
under the federal Internal Revenue Code, Section 501(c)(3) or remit those funds to the 
Treasurer of State. 
Sec. 2.  3 MRSA §312-A, sub-§10-C, as amended by PL 2007, c. 630, §7, is 
further amended to read: 
10-C.  Official in the executive branch.  "Official in the executive branch" means an 
individual in a major policy-influencing position in a department or agency listed in 
section 959 or in Title 5, chapter 71 and, the Governor's cabinet and staff, the Governor-
elect and the Governor-elect's staff.  As used in this chapter, "major policy-influencing 
position" means those positions listed in Title 5, chapter 71 and officers or employees of 
departments and agencies listed in section 959 and in Title 5, chapter 71 who have policy 
development as a major function of their positions. 
Sec. 3.  3 MRSA §312-A, sub-§11, as enacted by PL 1983, c. 160, §1, is amended 
to read: 
11.  Official in the legislative branch.  "Official in the Legislative Branch legislative 
branch" means a member, member-elect, candidate for or officer of the Legislature or an 
employee of the Legislature. 
SUMMARY 
This bill authorizes a Governor-elect to establish a committee for the purpose of 
soliciting and accepting donations to finance inaugural activities or the Governor-elect's 
transition to office.  Under the bill, the Governor-elect is required to appoint a treasurer to 
keep records of donations to the committee and file financial disclosure statements.  A 
financial disclosure statement is due on February 15th after the Governor takes office.  A 
donor giving more than $100 must be disclosed.  The committee is authorized to accept 
donations from the day after the election until January 31st following the election.  The 
Governor-elect is prohibited from personally soliciting or accepting donations for the cost 
of the inauguration or the transition to office. Communicating with a Governor-elect or 
the Governor-elect's staff to influence legislation would constitute lobbying that is 
disclosed in reports to the Commission on Governmental Ethics and Election Practices. 
This bill also amends the definition of "official in the legislative branch" to exclude 
candidates for or officers of the Legislature.