An Act To Increase Transparency in Reporting of Party Committees, Political Action Committees and Ballot Question Committees
Maine Legislature, Session 126, LD 1271
Committee Amendment CA_A_H340 (House)

COMMITTEE AMENDMENT" A " to H.P. 910, L.D. 1271, Bill, "An Act To 
Increase Transparency in Reporting of Party Committees, Political Action Committees 
and Ballot Question Committees" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Penalties for Campaign Finance Reporting Violations and Late 
Filing by Political Action Committees and Ballot Question Committees' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 21-A MRSA § 1 004-A, as amended by PL 2009, c. 302, § § 1 and 2, is 
further amended to read: 
§1004-A. Penalties 
The commission may assess the following penalties in addition to the other monetary 
sanctions authorized in this chapter. 
1. Late campaign finance report. A person that files a late campaign finance report 
containing no contributions or expenditures may be assessed a penalty of no more than 
$100, except as provided in section 1004-C. 
2. 
Contribution in excess of limitations. 
A person that accepts or makes a 
contribution that exceeds the limitations set out in section 1015, subsections 1 and 2 may 
be assessed a penalty of no more than the amount by which the contribution exceeded the 
limitation, except as provided in section 1004-C. 
3. Contribution in name of another person. A person that makes a contribution in 
the name of another person, or that knowingly accepts a contribution made by one person 
in the name of another person, may be assessed a penalty not to exceed $5,000, except as 
provided in section 1004-C. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" An to H.P. 910, L.D. 1271 
4. Substantial misreporting. A person that files a campaign finance report that 
substantially misreports contributions, expenditures or other campaign activity may be 
assessed a penalty not to exceed $5,000, except as provided in section 1004-C. 
5. Material false statements. A person that makes a material false statement or that 
makes a statement that includes a material misrepresentation in a document that is 
required to be submitted to the commission, or that is submitted in response to a request 
by the commission, may be assessed a penalty not to exceed $5,000, except as provided 
in section 1004-C. 
When the commission has reason to believe that a violation has occurred, the 
commission shall provide written notice to the candidate, party committee, political 
action committee, committee treasurer or other respondent and shall afford them an 
opportunity to appear before the commission before assessing any penalty. In determining 
any penalty under subsections 3, 4 and 5, the commission shall consider, among other 
things, the level of intent to mislead, the penalty necessary to deter similar misconduct in 
the future and the harm suffered by the public from the incorrect disclosure. 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. 
Penalties assessed pursuant to this section that have not been paid in full within 30 
days after issuance of a notice of the final determination may be enforced in accordance 
with section 1004-B. 
Sec. 2. 21-A MRSA § 1 004-C is enacted to read: 
§1004-C. Enhanced penalties for violations with aggravating circumstances 
Notwithstanding any maximum penalty set forth in this chapter, when assessing a 
penalty or monetary sanction, the commission may double the authorized penalty or 
monetary sanction for a violation occurring less than 28 days prior to an election day and 
may triple the authorized penalty or monetary sanction for a violation occurring less than 
days prior to an election day. 
Sec. 3. 21-A MRS A §1062-A, sub-§3, ~~A, Band C, as enacted by PL 1995, 
c. 483, §21, are amended to read: 
A. For the first violation, +% 2%; 
B. For the 2nd violation, ~ 
4%; and 
C. For the 3rd and subsequent violations, ~ 
6%.' 
SUMMARY 
The amendment replaces the bill. The amendment provides that in the last 28 days 
prior to an election, penalties for violations of campaign finance reporting by a person, 
candidate, political committee or political action committee may exceed the maximum 
established in law. If the violation occurs between 28 and 14 days prior to an election, 
the maximum penalties may be doubled. If the violation occurs less than 14 days prior to 
an election, the maximum penalties may be tripled. The amendment also increases the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 910, L.D. 1271 
penalties applied to political action committees and ballot question committees when 
required reports are filed late. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: OS/27/13 hac 
LD 1271 
LR 169(02) 
An Act To Increase Transparency in Reporting of Party Committees, Political Action Committees and 
Ballot Question Committees 
Fiscal Note for Bill as Amended by Committee Amendment ''A' ( H..J 3 \jD) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Other Special Revenue Funds revenue to the Commission on Governmental Ethics and Election Practices may 
increase as a result of the increased penalties in this legislation. Since the Commission has the discretion to adjust th{ 
penalty amount if a waiver is requested by the organization to whom the penalty is assessed, an estimate of the 
increased revenue is not made at this time. 
LR0169(02) - Fiscal Note - Page 1 of 1