An Act To Repeal the Maine Clean Election Act and Direct the Savings To Be Used for the State's Contribution toward the Costs of Education Funding
Maine Legislature, Session 127, LD 1290
Committee: Veterans and Legal Affairs
Sponsors: BRAKEY, LOCKMAN, DAVIS, MASON, VOLK, WILLETTE, O'CONNOR, SANDERSON, SAWICKI, SIROCKI
Amends: 1 MRSA §1008, 1 MRSA §1015, 21-A MRSA §153-A, 21-A MRSA §1002, 21-A MRSA §1003, 21-A MRSA §1004-B, 21-A MRSA §1013-A, 21-A MRSA §1016-A, 21-A MRSA §1018-B, 21-A MRSA §1054-A, 36 MRSA §5286

Legislative Document 
No. 1290 
S.P. 465 
In Senate, April 9, 2015 
An Act To Repeal the Maine Clean Election Act and Direct the 
Savings To Be Used for the State's Contribution toward the Costs of 
Education Funding 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BRAKEY of Androscoggin. 
Cosponsored by Representative LOCKMAN of Amherst and 
Senators: DAVIS of Piscataquis, MASON of Androscoggin, VOLK of Cumberland, 
WILLETTE of Aroostook, Representatives: O'CONNOR of Berwick, SANDERSON of 
Chelsea, SAWICKI of Auburn, SIROCKI of Scarborough. 
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 PL 2013, c. 129, §1, is further 
amended to read: 
4.  Lobbyist activities.  To administer the lobbyist disclosure laws, Title 3, chapter 
15, and enforce the waiting period required before former Legislators may engage in 
compensated lobbying as provided by section 1024; 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Sec. 3.  1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is repealed.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 §1002, sub-§1, as amended by PL 2011, c. 389, §2, is 
further amended to read: 
1.  Meeting schedule.  The commission shall meet in Augusta for the purposes of 
this chapter at least once per month in any year in which primary and general elections 
are held.  In the 28 days preceding an election, the commission shall meet in Augusta 
within 2 business days of the filing of any complaint with the commission, unless the 
complainant and respondent agree otherwise.  Regardless of whether the complainant or 
respondent agree, the commission may defer until after the election considering 
complaints determined by the chair to involve allegations of minor violations of this 
chapter or chapter 14, such as disclaimer statements omitted from campaign signs or 
transactions of less than $100 omitted from campaign finance reports. 
Sec. 8.  21-A MRSA §1003, sub-§1, as amended by PL 2013, c. 162, §1, is 
further amended to read: 
1.  Investigations.  The commission may undertake audits and investigations to 
determine whether a person has violated this chapter, chapter 14 or the rules of the 
commission.  For this purpose, the commission may subpoena witnesses and records 
whether located within or without the State and take evidence under oath.  A person or 
entity that fails to obey the lawful subpoena of the commission or to testify before it 
under oath must be punished by the Superior Court for contempt upon application by the 
Attorney General on behalf of the commission. The Attorney General may apply on 
behalf of the commission to the Superior Court or to a court of another state to enforce 
compliance with a subpoena issued to a nonresident person. Service of any subpoena 
issued by the commission may be accomplished by: 
A.  Delivering a duly executed copy of the notice to the person to be served or to a 
partner or to any officer or agent authorized by appointment or by law to receive 
service of process on behalf of that person; 
B.  Delivering a duly executed copy of the notice to the principal place of business in 
this State of the person to be served; or 
C.  Mailing by registered or certified mail a duly executed copy of the notice, 
addressed to the person to be served, to the person's principal place of business. 
Sec. 9.  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. 10.  21-A MRSA §1013-A, sub-§1, ¶A, as amended by PL 2011, c. 389, §9 
and affected by §62, 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 or 
county office or a candidate for municipal office who has not filed a written notice in 
accordance with section 1011, subsection 4, paragraph A shall appoint a treasurer.  
The candidate may serve as treasurer, except that a participating candidate, as defined 
in section 1122, subsection 6, or a candidate certified in accordance with section 1125 
may not serve as treasurer, except that the candidate may serve as treasurer or deputy 
treasurer for up to 14 days after declaring an intention to qualify for campaign 
financing under chapter 14 until the candidate identifies another person to 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. 11.  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. 12.  21-A MRSA §1016-A, sub-§1, as enacted by PL 2013, c. 334, §9, is 
amended to read: 
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. 
Sec. 13.  21-A MRSA §1016-A, sub-§3, as enacted by PL 2013, c. 334, §9, is 
amended to read: 
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. 14.  21-A MRSA §1018-B, sub-§2, as amended by PL 2013, c. 334, §14, is 
further amended to read: 
2.  Limitations.  After an election, candidates may receive donations 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 §1054-A, sub-§4, as enacted by PL 2013, c. 334, §23, is 
amended to read: 
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. 16.  21-A MRSA c. 14, as amended, is repealed. 
Sec. 17.  36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is repealed. 
Sec. 18.  Commission on Governmental Ethics and Election Practices to 
transfer funds.  The Commission on Governmental Ethics and Election Practices shall 
transfer all funds in the Maine Clean Election Fund to the Department of Education to be 
used for the State's contribution toward the costs of education funding. 
Sec. 19.  Effective date.  This Act takes effect January 1, 2016. 
SUMMARY 
This bill, which takes effect January 1, 2016, repeals the Maine Clean Election Act 
and transfers the remaining balance in the Maine Clean Election Fund to the Department 
of Education to be used for the State's contribution toward the costs of education funding.  
This bill also corrects the numerous cross-references to the Maine Clean Election Act in 
the Maine Revised Statutes.