An Act To Amend Campaign Finance Laws
Maine Legislature, Session 126, LD 1299
Committee: Veterans and Legal Affairs
Amends: 21-A MRSA §1004, 21-A MRSA §1011, 21-A MRSA §1012, 21-A MRSA §1015-A, 21-A MRSA §1015-B, 21-A MRSA §1016, 21-A MRSA §1016-A, 21-A MRSA §1017, 21-A MRSA §1017-A, 21-A MRSA §1018-B, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 21-A MRSA §1052, 21-A MRSA §1052-A, 21-A MRSA §1053, 21-A MRSA §1053-B, 21-A MRSA §1054, 21-A MRSA §1054-A, 21-A MRSA §1055-A, 21-A MRSA §1057, 21-A MRSA §1058, 21-A MRSA §1059, 21-A MRSA §1061, 21-A MRSA §1062-A, 21-A MRSA §1062-B, 21-A MRSA §1125

Legislative Document 
No. 1299 
S.P. 447 
In Senate, April 2, 2013 
An Act To Amend Campaign Finance Laws 
Reported by Senator TUTTLE of York for 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 
pursuant to Joint Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1004, sub-§4, as amended by PL 2003, c. 447, §38, is 
further amended to read: 
4.  Registration; political action committees.  A political action committee or ballot 
question committee required to be registered under section 1053 1052-A or 1056-B may 
not operate in this State unless it is so registered. 
Sec. 2.  21-A MRSA §1011, as amended by PL 2011, c. 389, §5 and affected by 
§62, is further amended to read: 
§1011.  Application 
This subchapter applies to candidates for all state and county offices and to 
campaigns for their nomination and election.  Candidates for municipal office as 
described in Title 30-A, section 2502, subsection 1 are also governed by this subchapter.  
The commission does not have jurisdiction over financial activities to influence the 
nomination or election of candidates for federal office. 
Candidates for municipal office as described in Title 30-A, section 2502, subsection 1 
are governed by this subchapter. 
3.  Role of the municipal clerk; commission.  For candidates for municipal office, 
the municipal clerk is responsible for any duty assigned to the commission in this 
subchapter related to the registration of candidates, receipt of reports and distribution of 
information or forms, unless otherwise provided.  Notwithstanding any other deadline set 
forth in this chapter, candidates must shall file their reports by the close of business on 
the day of the filing deadline established for the office of the municipal clerk.  The 
commission retains the sole authority to prescribe the content of all reporting forms.  The 
commission does not have responsibility to oversee the filing of registrations or campaign 
finance reports relating to municipal campaigns, except that the commission shall enforce 
late-filing penalties under section 1020-A, subsection 3 upon the request of a municipal 
clerk has the discretion to conduct investigations and assess penalties under subsection 
3-A. 
3-A.  Enforcement by the commission.  If a clerk of a town or city that is governed 
by this chapter pursuant to Title 30-A, section 2502 becomes aware of a potential 
violation of this chapter that the clerk considers to be substantial, the clerk may refer the 
matter to the commission for enforcement.  Substantial violations include, but are not 
limited to, accepting contributions in excess of the limitations of section 1015 and failing 
to file a report that substantially complies with the disclosure requirements of section 
1017.  The commission has the discretion to conduct an investigation if the information 
referred by the municipal clerk shows sufficient grounds for believing that a violation 
may have occurred.  After conducting the investigation, if the commission determines 
that a violation of this chapter has occurred, the commission may assess penalties 
provided in this chapter. 
4.  Exemptions.  Exemptions for municipal candidates from the reporting 
requirements of this subchapter are governed by this subsection. 
A.  At the time a municipal candidate registers under section 1013-A, the candidate 
may notify the municipal clerk in writing that the candidate will not accept 
contributions, make expenditures or incur financial obligations associated with that 
person's candidacy.  A candidate who provides this written notice is not required to 
appoint a treasurer or to meet the filing requirements of this section as long as the 
candidate complies with the commitment. 
B.  The notice provided to the municipal clerk in paragraph A may be revoked.  A 
written revocation must be presented to the municipal clerk before the candidate may 
accept contributions, make expenditures or incur obligations associated with that 
person's candidacy.  A candidate who has filed a notice with the municipal clerk 
under paragraph A and accepts contributions, makes expenditures or incurs 
obligations associated with that person's candidacy prior to filing a revocation may be 
assessed a penalty of $10 for each business day that the revocation is late, up to a 
maximum of $500.  This penalty may be imposed in addition to the penalties assessed 
under other sections of this Title. 
Sec. 3.  21-A MRSA §1012, sub-§2, ¶B, as amended by PL 2011, c. 389, §6, is 
further amended to read: 
B.  Does not include:  
(1)  The value of services provided without compensation by individuals who 
volunteer a portion or all of their time on behalf of a candidate or political 
committee;  
(2)  The use of real or personal property and the cost of invitations, food and 
beverages, voluntarily provided by an individual to a candidate in rendering 
voluntary personal services for candidate-related activities, if the cumulative 
value of these activities by the individual on behalf of any candidate does not 
exceed $100 $250 with respect to any election;  
(3)  The sale of any food or beverage by a vendor for use in a candidate's 
campaign at a charge less than the normal comparable charge, if the charge to the 
candidate is at least equal to the cost of the food or beverages to the vendor and if 
the cumulative value of the food or beverages does not exceed $100 with respect 
to any election;  
(4)  Any unreimbursed travel expenses incurred by an individual in the course of 
providing voluntary personal services to a candidate and paid for by an that 
individual who volunteers personal services to a candidate, if the cumulative 
amount of these expenses does not exceed $100 $350 with respect to any 
election;  
(4-A)  Any unreimbursed campaign-related travel expenses incurred and paid for 
by the candidate or the candidate's spouse or domestic partner; 
(5)  The payment by a party's state, district, county or municipal committee of the 
costs of preparation, display or mailing or other distribution of a party candidate 
listing; 
(6)  Documents, in printed or electronic form, including party platforms, single 
copies of issue papers, information pertaining to the requirements of this Title, 
lists of registered voters and voter identification information, created, obtained or 
maintained by a political party for the general purpose of party building and 
provided to a candidate who is a member of that party; 
(7)  Compensation paid by a state party committee to its employees for the 
following purposes: 
(a)  Providing no more than a total of 40 hours of assistance from its 
employees to a candidate in any election; 
(b)  Recruiting and overseeing volunteers for campaign activities involving 3 
or more candidates; or 
(c)  Coordinating campaign events involving 3 or more candidates; 
(8)  Campaign training sessions provided to 3 or more candidates; 
(8-A)  Costs paid for by a party committee in connection with a campaign event 
at which 3 or more candidates are present; 
(8-B)  Wood or other materials used for political signs that are found or 
contributed if not originally obtained by the candidate or contributor for 
campaign purposes; 
(8-C)  The use or distribution of any communication, as described in section 
1014, obtained by the candidate for a previous election and fully paid for during 
that election; 
(9)  The use of offices, telephones, computers and similar equipment when that 
use does not result in additional cost to the provider;  
(10)  Activity or communication designed to encourage individuals to register to 
vote or to vote if that activity or communication does not mention a clearly 
identified candidate; or 
(11)  A purchase of apparel from a commercial vendor with a total cost of $25 or 
less by an individual when the vendor has received a graphic or design from the 
candidate or the candidate's authorized committee. 
Sec. 4.  21-A MRSA §1012, sub-§3, as amended by PL 2011, c. 389, §7, is 
further amended to read: 
3.  Expenditure.  The term "expenditure:"  
A.  Includes: 
(1)  A purchase, payment, distribution, loan, advance, deposit or gift of money or 
anything of value made for the purpose of influencing the nomination or election 
of any person to political state, county or municipal office, except that a loan of 
money to a candidate by a financial institution in this State made in accordance 
with applicable banking laws and regulations and in the ordinary course of 
business is not included;  
(2)  A contract, promise or agreement, expressed or implied, whether or not 
legally enforceable, to make any expenditure;  
(3)  The transfer of funds by a candidate or a political committee to another 
candidate or political committee; and 
(4)  A payment or promise of payment to a person contracted with for the 
purpose of influencing any campaign as defined in section 1052, subsection 1; 
and 
B.  Does not include:  
(1)  Any news story, commentary or editorial distributed through the facilities of 
any broadcasting station, cable television system, newspaper, magazine or other 
periodical publication, unless the facilities are owned or controlled by any 
political party, political committee, candidate or candidate's immediate family 
spouse or domestic partner of a candidate;  
(1-A)  Any communication distributed through a public access television station 
channel on a cable television system if the communication complies with the 
laws and rules governing the station channel and all candidates in the race have 
an equal opportunity to promote their candidacies through the station channel; 
(2)  Activity or communication designed to encourage individuals to register to 
vote or to vote if that activity or communication does not mention a clearly 
identified candidate;  
(3)  Any communication by any membership organization or corporation to its 
members or stockholders, if that membership organization or corporation is not 
organized primarily for the purpose of influencing the nomination or election of 
any person to state or county office;  
(4)  The use of real or personal property and the cost of invitations, food and 
beverages, voluntarily provided by an individual to a candidate in rendering 
voluntary personal services for candidate-related activities, if the cumulative 
value of these activities does not exceed $100 $250 with respect to any election;  
(5)  Any unreimbursed travel expenses incurred by an individual in the course of 
providing voluntary personal services to a candidate and paid for by an that 
individual who volunteers personal services to a candidate, if the cumulative 
amount of these expenses does not exceed $100 $350 with respect to any 
election;  
(5-A)  Any unreimbursed campaign-related travel expenses incurred and paid for 
by the candidate or the candidate's spouse or domestic partner; 
(6)  Any communication by any person that is not made for the purpose of 
influencing the nomination for election, or election, of any person to state or, 
county or municipal office;  
(7)  The payment by a party's state, district, county or municipal committee of the 
costs of preparation, display or mailing or other distribution of a party candidate 
listing;  
(8)  The use or distribution of any communication, as described in section 1014, 
obtained by the candidate for a previous election and fully paid for during that 
election campaign; 
(9)  Documents, in printed or electronic form, including party platforms, single 
copies of issue papers, information pertaining to the requirements of this Title, 
lists of registered voters and voter identification information, created or 
maintained by a political party for the general purpose of party building and 
provided to a candidate who is a member of that party; 
(10)  Compensation paid by a state party committee to its employees for the 
following purposes: 
(a)  Providing no more than a total of 40 hours of assistance from its 
employees to a candidate in any election; 
(b)  Recruiting and overseeing volunteers for campaign activities involving 3 
or more candidates; or 
(c)  Coordinating campaign events involving 3 or more candidates; 
(10-A)  Costs paid for by a party committee in connection with a campaign event 
at which 3 or more candidates are present; 
(11)  Campaign training sessions provided to 3 or more candidates; 
(11-A)  Wood or other materials used for political signs that are found or 
contributed if not originally obtained by the candidate or contributor for 
campaign purposes;  
(12)  The use of offices, telephones, computers and similar equipment when that 
use does not result in additional cost to the provider; or 
(13)  A purchase of apparel from a commercial vendor with a total cost of $25 or 
less by an individual when the vendor has received a graphic or design from the 
candidate or the candidate's authorized committee. 
Sec. 5.  21-A MRSA §1015-A, sub-§1, ¶C, as enacted by PL 1991, c. 839, §12, 
is amended to read: 
C.  Are owned or controlled by the same majority shareholder or shareholders; or 
Sec. 6.  21-A MRSA §1015-A, sub-§1, ¶C-1 is enacted to read: 
C-1.  Are limited liability companies that are owned or controlled by the same 
majority member or members; or 
Sec. 7.  21-A MRSA §1015-B is enacted to read: 
§1015-B.  Donations to an individual considering whether to become a candidate 
If an individual receives funds, goods or services for the purpose of deciding whether 
to become a candidate, the funds, goods or services may not exceed the limitations in 
section 1015, subsections 1 and 2.  The individual shall keep an account of such funds, 
goods or services received and all payments and obligations incurred in deciding whether 
to become a candidate.  If the individual becomes a candidate, the funds, goods and 
services received are contributions and the payments and obligations are expenditures.  
The candidate shall disclose the contributions and expenditures in the first report filed by 
the candidate or the candidate's authorized campaign committee, in accordance with the 
commission's procedures. 
Sec. 8.  21-A MRSA §1016, as amended by PL 1991, c. 839, §13 and affected by 
§34, is further amended to read: 
§1016.  Records 
Each The candidate or treasurer shall keep detailed records of all contributions 
received and of each expenditure that the treasurer or candidate makes or authorizes, as 
provided in this section.  When reporting contributions and expenditures to the 
commission as required by section 1017, the The treasurer shall certify the completeness 
and accuracy of the information reported by that treasurer in any report of contributions 
and expenditures filed with the commission as required by section 1017. 
1.  Segregated funds.  All funds of a political committee and campaign funds of a 
candidate must be segregated from, and may not be commingled with, any personal funds 
of the candidate, treasurer or other officers, members or associates of the committee.  
Personal funds of the candidate used to support the candidacy must be recorded and 
reported to the treasurer as contributions to the political committee, or the candidate if the 
candidate has not authorized a political committee. 
2.  Report of contributions and expenditures.  A person who receives a 
contribution or makes an expenditure for a candidate or political committee shall report 
the contribution or expenditure to the candidate or treasurer within 5 days of the receipt 
of the contribution or the making of the expenditure.  A person who receives a 
contribution in excess of $10 for a candidate or a political committee shall report to the 
candidate or treasurer the amount of the contribution, the name and address of the person 
making the contribution and the date on which the contribution was received. 
3.  Record keeping.  A The candidate or treasurer shall keep a detailed and exact 
account of: 
A.  All contributions made to or for the candidate or committee, including any 
contributions by the candidate; 
B.  The name and address of every person making a contribution in excess of $10, the 
date and amount of that contribution and, if a person's contributions in any report 
filing period aggregate more than $50, the account must include the contributor's 
occupation and principal place of business, if any.  If the contributor is the candidate 
or a member of the candidate's immediate family, the account must also state the 
relationship.  For purposes of this paragraph, "filing period" is as provided in section 
1017, subsections 2 and 3-A; 
C.  All expenditures made by or on behalf of the committee or candidate; and 
D.  The name and address of every person to whom any expenditure is made and the 
date and amount of the expenditure. 
4.  Receipts preservation.  A The candidate or treasurer shall obtain and keep a 
receipted bill, stating the particulars, for every expenditure in excess of $50 made by or 
on behalf of a political committee or a candidate and for any such expenditure in a lesser 
amount if the aggregate amount of those expenditures to the same person in any election 
exceeds $50.  The candidate or treasurer shall preserve all receipted bills and accounts 
required to be kept by this section for 2 years following the final report required to be 
filed for the election to which they pertain, unless otherwise ordered by the commission 
or a court. 
Sec. 9.  21-A MRSA §1016-A is enacted to read: 
§1016-A.  Duties and liability of the candidate and treasurer 
1.  Keeping required records.  The candidate or treasurer shall keep records of 
contributions and expenditures as required by section 1016, chapter 14 and the 
commission's rules.  If the candidate keeps the records, the candidate shall provide the 
treasurer or deputy treasurer with access to the records for the purpose of filing complete 
and accurate campaign finance reports.  The candidate and treasurer are jointly 
responsible for ensuring that the campaign keeps all records required by law. 
2.  Filing campaign finance reports.  The treasurer shall file complete and accurate 
campaign finance reports as required by section 1017.  The treasurer may delegate the 
filing of the reports to the deputy treasurer. 
3.  Liability for violations.  The commission may hold the candidate and treasurer 
jointly and severally liable for any penalties assessed for violations of the financial 
reporting or record-keeping requirements of this chapter, chapter 14 and the commission's 
rules.  If the deputy treasurer files reports for the campaign, the commission may hold the 
deputy treasurer jointly and severally liable for any penalties related to reports filed by 
the deputy treasurer. 
Sec. 10.  21-A MRSA §1017, sub-§2, ¶D, as amended by PL 2007, c. 443, Pt. A, 
§16, is further amended to read: 
D.  Contributions aggregating Any single contribution of $1,000 or more from any 
one contributor received or any single expenditures expenditure of $1,000 or more 
made after the 14th day before the election and more than 24 hours before 11:59 p.m. 
on the day of the election must be reported within 24 hours of those contributions or 
expenditures that contribution or expenditure.  The candidate or treasurer is not 
required to include in this report expenditures for overhead expenses or compensation 
paid to an employee or other member of the campaign staff who has received 
payments at regular intervals that have been disclosed in previously filed campaign 
finance reports.  As used in this paragraph, "overhead expenses" includes, but is not 
limited to, rent, utility payments, taxes, insurance premiums or similar administrative 
expenses. 
Sec. 11.  21-A MRSA §1017, sub-§3-A, ¶C, as amended by PL 2007, c. 443, Pt. 
A, §16, is further amended to read: 
C.  Contributions aggregating Any single contribution of $1,000 or more from any 
one contributor received or any single expenditures expenditure of $1,000 or more 
made after the 14th day before any election and more than 24 hours before 11:59 p.m. 
on the day of any election must be reported within 24 hours of those contributions or 
expenditures that contribution or expenditure.  The candidate or treasurer is not 
required to include in this report expenditures for overhead expenses or compensation 
paid to an employee or other member of the campaign staff who has received 
payments at regular intervals that have been disclosed in previously filed campaign 
finance reports. As used in this paragraph, "overhead expenses" includes, but is not 
limited to, rent, utility payments, taxes, insurance premiums or similar administrative 
expenses. 
Sec. 12.  21-A MRSA §1017-A, sub-§4-A, ¶E, as amended by PL 2007, c. 443, 
Pt. A, §17, is further amended to read: 
E.  A state party committee shall report any expenditure of $500 any single 
contribution of $5,000 or more received or any single expenditure of $1,000 or more 
made after the 14th day before the election and more than 24 hours before 5:00 p.m. 
on the day of the election within 24 hours of that contribution or expenditure.  The 
committee is not required to include in this report expenditures for overhead expenses 
or compensation paid to an employee or other member of the campaign staff who has 
received payments at regular intervals that have been disclosed in previously filed 
campaign finance reports. As used in this paragraph, "overhead expenses" includes, 
but is not limited to, rent, utility payments, taxes, insurance premiums or similar 
administrative expenses. 
Sec. 13.  21-A MRSA §1017-A, sub-§4-B, ¶C, as amended by PL 2007, c. 443, 
Pt. A, §17, is further amended to read: 
C.  Any A committee shall report any single contribution of $5,000 or more received 
or any expenditure of $1,000 or more made after the 14th day before any election and 
more than 24 hours before 11:59 p.m. on the day of the election must be reported 
within 24 hours of that contribution or expenditure.  The committee is not required to 
include in this report expenditures for overhead expenses or compensation paid to an 
employee or other member of the campaign staff who has received payments at 
regular intervals that have been disclosed in previously filed campaign finance 
reports.  As used in this paragraph, "overhead expenses" includes, but is not limited 
to, rent, utility payments, taxes, insurance premiums or similar administrative 
expenses. 
Sec. 14.  21-A MRSA §1018-B, sub-§2, as enacted by PL 2005, c. 301, §21, is 
amended to read: 
2.  Limitations.  Candidates After an election, candidates may receive donations 
without limitation for purposes of a recount.  The donations must be within the 
limitations of section 1015, except that no limitation applies to donations 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. 15.  21-A MRSA §1019-B, sub-§1, ¶B, as amended by PL 2007, c. 443, Pt. 
A, §20, is further amended to read: 
B.  Is presumed in races involving a candidate who is certified as a Maine Clean 
Election Act candidate under section 1125, subsection 5 to be any expenditure made 
to design, produce or disseminate a communication that names or depicts a clearly 
identified candidate and is disseminated during the 21 days, including election day, 
before a primary election; or the 35 days, including election day, before a general or 
special election; or during a special election until and on election day. 
Sec. 16.  21-A MRSA §1019-B, sub-§4, ¶C, as enacted by PL 2009, c. 524, §7, 
is amended to read: 
C.  A report required by this subsection must be on a form prescribed and prepared by 
the commission.  A person filing this report may use additional pages if necessary, 
but the pages must be the same size as the pages of the form.  The commission may 
adopt procedures requiring the electronic filing of an independent expenditure report, 
as long as the commission receives the statement made under oath or affirmation set 
out in paragraph B by the filing deadline and the commission adopts an exception for 
persons who lack access to the required technology or the technological ability to file 
reports electronically.  The commission may adopt procedures allowing for the 
signed statement to be provisionally filed by facsimile or electronic mail, as long as 
the report is not considered complete without the filing of the original signed 
statement. 
Sec. 17.  21-A MRSA §1020-A, sub-§6, as repealed and replaced by PL 2009, c. 
302, §5, is amended to read: 
6.  Request for a commission determination.  If the commission staff finds that a 
candidate or political committee has failed to file a report required under this subchapter, 
the commission staff shall mail a notice by certified mail to the candidate or political 
committee within 3 business days following the filing deadline informing the candidate or 
political committee that a report was not received.  If a candidate or a political committee 
files a report required under this subchapter late, a notice of preliminary penalty must be 
sent to the candidate or political committee whose registration or campaign finance report 
was not received by 11:59 p.m. on the deadline date, informing the candidate or political 
committee of the staff finding of violation and preliminary penalty calculated under 
subsection 4-A and providing the candidate or political committee with an opportunity to 
request a determination by the commission.  The notice must be sent by certified mail.  
Any request for a determination must be made within 14 calendar days of receipt of the 
commission's notice.  The 14-day period during which a determination may be requested 
begins on the day a recipient signs for the certified mail notice of the proposed penalty.  If 
the certified letter is refused or left unclaimed at the post office, the 14-day period begins 
on the day the post office indicates it has given first notice of a certified letter.  A 
candidate or political committee requesting a determination may either appear in person 
or designate a representative to appear on the candidate's or political committee's behalf 
or submit a sworn statement explaining the mitigating circumstances for consideration by 
the commission.  A final determination by the commission may be appealed to the 
Superior Court in accordance with Title 5, chapter 375, subchapter 7 and the Maine Rules 
of Civil Procedure, Rule 80C. 
Sec. 18.  21-A MRSA §1052, sub-§4, ¶B, as amended by PL 2011, c. 389, §29, 
is further amended to read: 
B.  Does not include:  
(1)  Any news story, commentary or editorial distributed through the facilities of 
any broadcasting station, cable television system, newspaper, magazine or other 
periodical publication, unless these facilities are owned or controlled by any 
political party, political committee, candidate or candidate's immediate family the 
spouse or domestic partner of a candidate; 
(2)  Activity designed to encourage individuals to register to vote or to vote, if 
that activity or communication does not mention a clearly identified candidate;  
(3)  Any communication by any membership organization or corporation to its 
members or stockholders, if that membership organization or corporation is not 
organized primarily for the purpose of influencing the nomination or election of 
any person to state or county office;  
(4)  The use of real or personal property and the cost of invitations, food and 
beverages, voluntarily provided by a political action committee in rendering 
voluntary personal services for candidate-related activities, if the cumulative 
value of these activities by the political action committee on behalf of any 
candidate does not exceed $100 $250 with respect to any election;  
(5)  Any unreimbursed travel expenses incurred and paid for by a political action 
committee that volunteers personal services to a candidate, if the cumulative 
amount of these expenses does not exceed $100 with respect to any election; and  
(6)  Any communication by any political action committee member that is not 
made for the purpose of influencing the nomination or election of any person to 
state or county office. 
Sec. 19.  21-A MRSA §1052-A is enacted to read: 
§1052-A.  Registration 
A political action committee shall register with the commission and amend its 
registration as required by this section.  A registration is not timely filed unless it contains 
all the information required in this section. 
1.  Deadlines to file and amend registrations.  A political action committee shall 
register and file amendments with the commission according to the following schedule. 
A.  A political action committee as defined under section 1052, subsection 5, 
paragraph A, subparagraph (1) or (4) that makes expenditure in the aggregate in 
excess of $1,500 and a political action committee as defined under section 1052, 
subsection 5, paragraph A, subparagraph (5) that makes expenditures in the aggregate 
in excess of $5,000 shall register with the commission within 7 days of exceeding the 
applicable amount. 
B.  A committee shall amend the registration within 10 days of a change in the 
information that committees are required to disclose under this section. 
C.  A committee shall file an updated registration form between January 1st and 
March 1st of each year in which a general election is held.  The commission may 
waive the updated registration requirement for a newly registered political action 
committee or other registered political action committee if the commission 
determines that the requirement would cause an administrative burden 
disproportionate to the public benefit of the updated information. 
2.  Disclosure of treasurer and officers.  A committee must have a treasurer and a 
principal officer.  The same individual may not serve in both positions.  The committee's 
registration must contain the names and addresses of the following individuals: 
A.  The treasurer of the committee; 
B.  A principal officer of the committee; 
C.  Any other individuals who are primarily responsible for making decisions for the 
committee; 
D.  The individuals who are primarily responsible for raising contributions for the 
committee; and 
E.  The names of any other candidates or Legislators who have a significant role in 
fund-raising or decision-making for the committee. 
3.  Other disclosure requirements.  A committee's registration must also include the 
following information: 
A.  A statement indicating the specific candidates, categories of candidates or 
campaigns that the committee expects to support or oppose; 
B.  If the committee is formed to influence the election of a single candidate, the 
name of that candidate; 
C.  The form or structure of the organization, such as a voluntary association, 
membership organization, corporation or any other structure by which the committee 
functions, and the date of origin or incorporation of the organization; 
D.  If the committee has been formed by one or more for-profit or nonprofit 
corporations or other organizations for the purpose of initiating or influencing a 
campaign, the names and addresses of the corporations or organizations; 
E.  The name of the account that the committee will use to deposit contributions and 
make expenditures pursuant to section 1054, and the name and address of the 
financial institution at which the account is established; and  
F.  Any additional information reasonably required by the commission to monitor the 
activities of political action committees in this State under this subchapter. 
4.  Acknowledgment of responsibilities.  The treasurer, principal officer and any 
other individuals who are primarily responsible for making decisions for the committee 
shall submit a signed statement acknowledging their responsibilities on a form prescribed 
by the commission within 10 days of registering the committee.  The signed 
acknowledgment statement serves as notification of the responsibilities of the committee 
to comply with the financial reporting, record-keeping and other requirements of this 
chapter and the potential personal liability of the treasurer and principal officer for civil 
penalties assessed against the committee.  The commission shall notify the committee of 
any individual who has failed to submit the acknowledgment statement.  Failure to return 
the acknowledgment statement is a violation of this subchapter for which a fine of $100 
may be assessed against the committee.  This section also applies to individuals named in 
an updated or amended registration required by this subsection who have not previously 
submitted an acknowledgment statement for the committee with the commission. 
5.  Resignation and removal.  An individual who resigns as the treasurer, principal 
officer or primary decision-maker of a committee shall submit a written resignation 
statement to the commission.  An individual's resignation is not effective until the 
commission receives the written resignation statement from the individual.  If an 
individual is involuntarily removed from the position of treasurer, principal officer or 
primary decision-maker by the committee, the committee shall notify the commission in 
writing that the individual has been removed from the position.  The commission may 
prescribe forms for these purposes. 
Sec. 20.  21-A MRSA §1053, as amended by PL 2011, c. 389, §§33 and 34, is 
repealed. 
Sec. 21.  21-A MRSA §1053-B, as amended by PL 2011, c. 389, §36, is further 
amended to read: 
§1053-B.  Out-of-state political action committees 
A political action committee organized An organization that is registered as a 
political action committee or political committee with the Federal Election Commission 
or a jurisdiction outside of this State shall register and file reports with the commission in 
accordance with sections 1053 and 1058 this subchapter upon receiving contributions or 
making expenditures to initiate or influence a campaign in the State in excess of the 
amounts that would require registration under section 1052-A.  The committee is not 
required to register and file reports if the committee’s only financial activity within the 
State is to make contributions to candidates, party committees, political action 
committees or ballot question committees registered with the commission or a 
municipality and the committee has not raised and accepted any contributions during the 
calendar year to influence a campaign in this State. 
Sec. 22.  21-A MRSA §1054, as amended by PL 2007, c. 443, Pt. A, §30, is 
further amended to read: 
§1054.  Appointment of treasurer; depository 
Any political action committee required to register under section 1053 1052-A must 
appoint a treasurer before registering with the commission.  The treasurer shall retain, for 
a minimum of 4 years, all receipts, including cancelled checks, of expenditures made in 
support of or in opposition to a campaign, political committee, political action committee, 
referendum or initiated petition in this State.  A registered political action committee shall 
deposit all funds contributed to or received by the committee for the purpose of 
influencing a campaign in a single account in a financial institution and shall finance all 
of the committee’s expenditures to influence the election through the account.  If the 
political action committee was formed by another organization, that other organization 
may pay its employees for their campaign-related activities on behalf of the committee 
through its own treasury, rather than through the single account established by the 
political action committee and  used for campaign expenditures. 
Sec. 23.  21-A MRSA §1054-A is enacted to read: 
§1054-A.  Duties and liabilities of the treasurer, principal officer and primary 
decision maker 
1.  Duties of the treasurer.  The treasurer of the committee shall ensure that the 
committee files and amends the committee's registration, files complete and accurate 
financial reports with the commission and maintains the committee's records as required 
by this chapter and the commission's rules.  The treasurer is responsible for the 
committee's performance of these duties regardless of whether the treasurer has delegated 
administrative tasks related to these duties to another individual. 
2.  Joint responsibilities of the treasurer and principal officer.  The treasurer and 
the principal officer are jointly responsible for the committee's compliance with the 
requirements of this chapter and the commission's rules.  The treasurer and principal 
officer are responsible for accepting and responding to notices and correspondence from 
the commission on behalf of the committee. 
3.  Participation in spending decisions.  An individual who is the treasurer, 
principal officer or primary decision maker of the committee and who has signed the 
acknowledgment statement required by section 1052-A, subsection 4 is deemed to have 
participated in the spending decisions of the committee until the commission receives the 
individual's resignation statement or a notice of the individual's involuntary removal from 
the committee. 
4.  Financial liability.  The commission may hold the treasurer and principal officer 
jointly and severally liable with the committee for any fines assessed against the 
committee for violations of this chapter and chapter 14.  In addition, the commission may 
assess all or part of a fine against any other agent of the committee who is directly 
responsible for a violation, including individuals who have resigned or have been 
removed involuntarily from the committee.  In deciding whether to assess a penalty 
against a treasurer, principal officer or any other individual, the commission may 
consider, among other things, whether the individual had actual knowledge of the action 
that constituted the violation or had authorized that action and whether the violation was 
intentional or caused by an error by a vendor or someone outside the control of the 
committee. 
Sec. 24.  21-A MRSA §1055-A is enacted to read: 
§1055-A.  Political communications to influence a ballot question 
1.  Communications to influence ballot question elections.  Whenever a person 
makes an expenditure exceeding $500 expressly advocating through broadcasting 
stations, cable television systems, newspapers, magazines, campaign signs or other 
outdoor advertising facilities, publicly accessible sites on the Internet, direct mails or 
other similar types of general public political advertising or through flyers, handbills, 
bumper stickers and other nonperiodical publications, for or against an initiative or 
referendum that is on the ballot, the communication must clearly and conspicuously state 
the name and address of the person who made or financed the expenditure for the 
communication. 
2.  Exceptions.  The following forms of political communication do not require the 
name and address of the person who made or financed the expenditure for the 
communication because the name or address would be so small as to be illegible or 
infeasible: clothing, envelopes and stationery, small promotional items, tickets to 
fundraisers and electronic media advertisements where compliance with this section 
would be impracticable due to size or character limitations and similar items determined 
by the commission to be too small and unnecessary for the disclosures required by this 
section.  "Small promotional items" includes but is not limited to ashtrays, badges and 
badge holders, balloons, campaign buttons, coasters, combs, emery boards, erasers, 
glasses, key rings, letter openers, matchbooks, nail files, noisemakers, paper and plastic 
cups, pencils, pens, plastic tableware, 12-inch or shorter rulers and swizzle sticks. 
Sec. 25.  21-A MRSA §1057, as amended by PL 2009, c. 190, Pt. A, §21, is 
further amended to read: 
§1057.  Records 
Any political action committee that is required to register under section 1053 1052-A 
or 1053-B shall keep records as provided in this section for 4 years following the election 
to which the records pertain. 
1.  Details of records.  The treasurer of a political action committee must shall record 
a detailed account of:  
A.  All expenditures made to or in behalf of a candidate, campaign or committee; 
B.  The identity and address of each candidate, campaign or committee; 
C.  The office sought by a candidate and the district he seeks to represent, for 
candidates which a political action committee has made an expenditure to or in behalf 
of; and 
D.  The date of each expenditure. 
2.  Receipts.  The treasurer of a political action committee must shall retain a vendor 
invoice or receipt stating the particular goods or services purchased for every expenditure 
in excess of $50.   
3.  Record of contributions.  The treasurer of a political action committee must shall 
keep a record of all contributions to the committee, by name and mailing address, of each 
donor and the amount and date of the contribution.  This provision does not apply to 
aggregate contributions from a single donor of $50 or less for an election or referendum 
campaign.  When any donor's contributions to a political action committee exceed $50, 
the record must include the aggregate amount of all contributions from that donor. 
4.  Account statements.  The treasurer of a political action committee shall keep 
account statements relating to the deposit of funds of the committee required by section 
1054. 
Sec. 26.  21-A MRSA §1058, as repealed and replaced by PL 2009, c. 652, Pt. A, 
§21, is amended to read: 
§1058.  Reports; qualifications for filing 
A political action committee that is required to register under section 1053 1052-A or 
1053-B shall file reports with the commission on forms prescribed by the commission 
according to the schedule in section 1059. 
Sec. 27.  21-A MRSA §1059, first ¶, as amended by PL 2011, c. 389, §43 and 
affected by §62, is further amended to read: 
Committees required to register under section 1053 1052-A, 1053-B or 1056-B shall 
file an initial campaign finance report at the time of registration and thereafter shall file 
reports in compliance with this section.  All reports must be filed by 11:59 p.m. on the 
day of the filing deadline, except that reports submitted to a municipal clerk must be filed 
by the close of business on the day of the filing deadline. 
Sec. 28.  21-A MRSA §1059, sub-§2, ¶E, as amended by PL 2007, c. 443, Pt. A, 
§35, is further amended to read: 
E.  A committee shall report any expenditure of $500 any single contribution of 
$5,000 or more received or single expenditure of $1,000 or more made after the 14th 
day before the election and more than 24 hours before 5:00 p.m. on the day of the 
election within 24 hours of that contribution or expenditure.  The treasurer is not 
required to include in this report expenditures for overhead expenses or compensation 
paid to an employee or other member of the campaign staff who has received 
payments at regular intervals that have been disclosed in previously filed campaign 
finance reports. As used in this paragraph, "overhead expenses" includes, but is not 
limited to, rent, utility payments, taxes, insurance premiums or similar administrative 
expenses.  
Sec. 29.  21-A MRSA §1061, as amended by PL 2009, c. 190, Pt. A, §27, is 
further amended to read: 
§1061.  Dissolution of committees 
Whenever any political action committee determines that it will no longer accept any 
contributions or make any expenditures, the committee shall file a termination report that 
includes all financial activity from the end date of the previous reporting period through 
the date of termination with the commission.  The committee must shall dispose of any 
surplus prior to termination.  In the termination report, the committee shall report any 
outstanding loan, debt or obligation in the manner prescribed by the commission. 
Sec. 30.  21-A MRSA §1062-A, sub-§1, as amended by PL 2009, c. 190, Pt. A, 
§28, is further amended to read: 
1.  Registration.  A political action committee required to register under section 1053 
1052-A or 1053-B or a ballot question committee required to register under section 
1056-B that fails to do so or that fails to provide the information required by the 
commission for registration may be assessed a fine of $250 no more than $2,500.  In 
assessing a fine, the commission shall consider, among other things, whether the violation 
was intentional, the amount of campaign and financial activity that occurred before the 
committee registered, whether the committee intended to conceal its campaign or 
financial activity and the level of experience of the committee's volunteers and staff. 
Sec. 31.  21-A MRSA §1062-A, sub-§5, as repealed and replaced by PL 2009, c. 
302, §8, is amended to read: 
5.  Request for a commission determination.  If the commission staff finds that a 
political action committee has failed to file a report required under this subchapter, the 
commission staff shall mail a notice by certified mail to the treasurer of the political 
action committee within 3 business days following the filing deadline informing the 
treasurer that a report was not received.  If a political action committee files a report 
required under this subchapter late, a notice of preliminary penalty must be forwarded to 
the treasurer of the political action committee whose report is not received by 11:59 p.m. 
on the deadline date, informing the treasurer of the commission staff finding of violation 
and preliminary penalty calculated under subsection 3 and providing the treasurer with an 
opportunity to request a determination by the commission.  The notice must be sent by 
certified mail.  A request for determination must be made within 14 calendar days of 
receipt of the commission's notice.  The 14-day period during which a determination may 
be requested begins on the day a recipient signs for the certified mail notice of the 
proposed penalty.  If the certified letter is refused or left unclaimed at the post office, the 
14-day period begins on the day the post office indicates it has given first notice of a 
certified letter.  A principal officer or treasurer requesting a determination may either 
appear in person or designate a representative to appear on the principal officer's or 
treasurer's behalf or submit a sworn statement explaining the mitigating circumstances for 
consideration by the commission.  A final determination by the commission may be 
appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 and 
the Maine Rules of Civil Procedure, Rule 80C. 
Sec. 32.  21-A MRSA §1062-B is enacted to read: 
§1062-B.  Failure to keep records 
A committee that fails to keep records required by this chapter may be assessed a fine 
of up to $2,500.  In assessing a fine, the commission shall consider, among other things, 
whether the violation was intentional, whether the violation occurred as the result of an 
error by someone outside the control of the committee, whether the committee intended 
to conceal its financial activity, the amount of financial activity that was not documented 
and the level of experience of the committee's volunteers and staff. 
Sec. 33.  21-A MRSA §1125, sub-§12, as amended by PL 2011, c. 522, §3, is 
further amended to read: 
12.  Reporting; unspent revenue.  Notwithstanding any other provision of law, the 
treasurer or deputy treasurer of 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 treasurer or deputy treasurer must disclose the candidate's relationship to the 
payee in a manner prescribed by 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 of an expenditure made for the 
campaign after filing the final report, the candidate shall return those funds to the fund 
within 14 days of receiving the refund. 
Sec. 34.  21-A MRSA §1125, sub-§12-A, as amended by PL 2011, c. 389, §57, is 
further amended to read: 
12-A.  Required records.  The candidate or treasurer shall obtain and keep: 
A.  Bank or other account statements for the campaign account covering the duration 
of the campaign; 
B.  A vendor invoice stating the particular goods or services purchased for every 
expenditure in excess of $50 or more;  
C.  A record proving that a vendor received payment for every expenditure in excess 
of $50 or more in the form of a cancelled check, cash receipt from the vendor or bank 
or credit card statement identifying the vendor as the payee; and 
E.  A contemporaneous document such as an invoice, contract or timesheet that 
specifies in detail the services provided by a vendor who was paid in excess of $500 
or more for the election cycle for providing campaign staff or consulting services to a 
candidate. 
The candidate or treasurer shall preserve the records for 3 years following the candidate's 
final campaign finance report for the election cycle.  The candidate and treasurer shall 
submit photocopies of the records to the commission upon its request. 
SUMMARY 
This bill amends the laws governing campaign finance and the Commission on 
Governmental Ethics and Election Practices by: 
1.  Prohibiting ballot question committees from operating in the State unless they are 
registered with the commission; 
2.  Clarifying that the commission does not have jurisdiction over financial activities 
to influence federal elections; 
3.  Permitting clerks of municipalities that are governed by state campaign finance 
law to refer substantial violations to the commission for enforcement; 
4.  Increasing the exception from $100 to $250 for volunteers who purchase 
invitations, food or beverages over the course of volunteering for a candidate; 
5.  Increasing the exception from $100 to $350 for individuals who pay for their own 
travel costs when volunteering for candidates; 
6.  Broadening the exception for news media to cover cable television systems and 
for news media owned by relatives of a candidate except the candidate's spouse or 
domestic partner; 
7.  Treating a limited liability company the same way as a corporation for purposes of 
contribution limits; 
8.  Requiring reporting of financial activities by a person who is considering whether 
to become a candidate; 
9.  Clarifying candidates or treasurers may keep the records of the campaign as long 
as the treasurer or deputy treasurer has access to the records for the purpose of filing the 
campaign finance report;  
10.  Providing that the commission may hold the candidate and treasurer jointly 
responsible for penalties assessed to a candidate's campaign; 
11.  Exempting candidates who make payments of $1,000 or more during the last 13 
days before an election from reporting those expenditures within 24 hours if they related 
to overhead expenses or compensation paid to an employee who has received regular 
payments in previous campaign finance reports; 
12.  Requiring party committees to file a 24-hour report of contributions of more than 
$5,000 they have received within 13 days before an election; 
13.  Imposing limits on the amounts of money or contributions of services received 
by candidates in a recount of an election except that no limitation would apply to party 
committees or caucus campaign committees and to attorneys, consultants or firms who 
are donating their services without reimbursement; 
14.  Extending the rebuttable presumption for communications made in the last 21 
days before a primary election or the last 35 days before a general election, if the 
communication names or depicts a clearly identified candidate; 
15.  Permitting the commission to adopt procedures for electronic filing of 
independent expenditures; 
16.  Clarifying the time period for rebuttable presumption in special elections; 
17.  Permitting the commission to send late-filing penalty correspondence by regular 
mail, rather than certified mail; 
18.  Requiring political action committees to designate a principal officer who would 
be jointly responsible with the treasurer for overall compliance of the committee; 
19.  Requiring the treasurer, principal officer and primary decision maker of a 
political action committee to file a written acknowledgment stating they are jointly 
responsible for compliance; 
20.  Requiring individuals who resign as treasurer, principal officer or primary 
decision maker of a political action committee to submit a written statement to the 
commission; 
21.  Requiring political action committees to use a single account in a financial 
institution to deposit all contributions and make all expenditures;  
22.  Setting out the duties and liabilities of the treasurer and principal officer of a 
political action committee; 
23.  Requiring a statement of the name and address of the person who made or 
financed the communication on any paid communication costing more than $500 that 
expressly advocates for or against a ballot question; 
24.  Requiring political action committees that spend more than $25,000 to influence 
an election to keep account statements for 4 years; 
25.  Increasing potential fines for not providing a complete and accurate political 
action committee registration statement from $250 to $2,500; 
26.  Authorizing the commission to assess a fine of $2,500 for failing to keep 
required records as long as the commission considers mitigating circumstances; and 
27.  Clarifying that a treasurer or deputy treasurer of a Maine Clean Election Act 
candidate must file the financial report for the candidate.