An Act Concerning Confidential Records Received by the Commission on Governmental Ethics and Election Practices
Maine Legislature, Session 126, LD 1690
Committee: Judiciary
Sponsors: LUCHINI
Amends: 21-A MRSA §1003

Legislative Document 
No. 1690 
H.P. 1213 
House of Representatives, December 30, 2013 
An Act Concerning Confidential Records Received by the 
Commission on Governmental Ethics and Election Practices 
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LUCHINI of Ellsworth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1003, sub-§3-A, as enacted by PL 2007, c. 571, §6, is 
amended to read: 
3-A.  Confidential records.  Investigative working papers of the commission are 
confidential and may not be disclosed to any person except the members and staff of the 
commission, except that the commission may disclose them to the subject of the audit or 
investigation, other entities as necessary for the conduct of an audit or investigation and 
law enforcement and other agencies for purposes of reporting, investigating or 
prosecuting a criminal or civil violation.  For purposes of this subsection, "investigative 
working papers" means documents, records and other printed or electronic information in 
the following limited categories that are acquired, prepared or maintained by the 
commission during the conduct of an audit, investigation or audit other enforcement 
matter: 
A.  Financial information not normally available to the public; 
B.  Information belonging to a party committee, political action committee, ballot 
question committee, candidate or candidate's authorized committee that, if disclosed, 
would reveal sensitive political or campaign information belonging to a party 
committee, political action committee, ballot question committee, candidate or 
candidate's political committee, or other person who is the subject of an audit, 
investigation or other enforcement matter, even if the information is in the possession 
of a vendor or 3rd party; 
C.  Information or records subject to a privilege against discovery or use as evidence; 
and 
D.  Intra-agency or interagency communications related to an audit or investigation, 
including any record of an interview, meeting or examination. 
The commission may disclose investigative working papers or discuss them at a public 
meeting, except for the information or records subject to a privilege against discovery or 
use as evidence, in a final audit or investigation report or determination if the information 
or record is materially relevant to a finding of fact or, violation or other decision by the 
commission concerning an audit, investigation or other enforcement matter. 
SUMMARY 
This bill clarifies that certain investigative records of the Commission on 
Governmental Ethics and Election Practices designated confidential under current law 
maintain their confidentiality even if they are in the possession of a financial institution or 
vendor of a candidate, political action committee or other association being investigated 
by the commission.  Those categories of documents are also confidential if received in 
the context of an audit or other enforcement matter such as a staff review of the 
compliance of campaign finance reports.  The commission may present those documents 
or discuss them at a public meeting of the commission when they are materially relevant 
to a final commission determination or other decision by the commission concerning an 
audit, investigation or other enforcement matter.