An Act To
Maine Legislature, Session 127, LD 1123
Committee Amendment CA_A_S192 (Senate)
Amends: 21-A MRSA §1017, 21-A MRSA §1062-A

COMMITTEE AMENDMENT " A " to S.P. 395, L.D. 1123, Bill, "An Act To 
Amend the Campaign Reports and Finances Laws and the Maine Clean Election Act" 
Amend the bill in section 5 by striking out all of subsection 5 (page 2, lines 18 to 26 
in L.D.) and inserting the following: 
'5. 
Telephone calls. 
Prerecorded automated telephone calls and scripted live 
telephone communications that name a clearly identified candidate during the 21 days 
before a primary election or the 35 days before a general election must clearly state the 
name and address of the person who made or fmanced the expenditure for the 
communication, except for prerecorded automated telephone calls paid for by the 
candidate that use the candidate's voice in the telephone call and that are made in support 
of that candidate. Telephone communications that are not paid for by the candidate or the 
candidate's authorized political committee must state whether the communication was 
authorized by the candidate. Telephone calls made for the purposes of researching the 
views of voters are not required to include the disclosure.' 
Amend the bill in section 7 in subsection 7-A in paragraph A-I in the last line (page 
3, line 21 in L.D.) by inserting after the following: "election." the following: 'This 
paragraph does not apply to a legislative candidate who has been certified as a Maine 
Clean Election Act candidate under section 1125, subsection 5.' 
Amend the bill by striking out all of section 8 and inserting the following: 
'Sec. 8. 21-A MRSA §1017, sub-§8, as amended by PL 2007, c. 443, Pt. A, §16, 
is further amended to read: 
8. Disposition of surplus. A candidate or treasurer of a candidate registered under 
section 1013-A or qualified under sections 335 and 336 or sections 354 and 355 must 
dispose of a surplus exceeding $100 within 4 years of the election for which the 
contributions were received by: 
A. 
Returning contributions to the candidate's or candidate's authorized political 
committee's contributors, as long as no contributor receives more than the amount 
contributed; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" PI "to S.P. 395, L.D. 1123 
B. A gift to a qualified political party within the State, including any county or 
municipal subdivision of such a party; 
B-1. A gift to a political action committee or ballot question committee registered 
with the commission; 
C. An unrestricted gift to the State. A candidate for municipal office may dispose of 
a surplus by making a restricted or unrestricted gift to the municipality; 
D. Carrying forward the surplus balance to a political committee established to 
promote the same candidate for a subsequent election; 
D-l. Carrying forward the surplus balance for use by the candidate for a subsequent 
election; 
E. Transferring the surplus balance to one or more other candidates registered under 
section lO13-A or qualified under sections 335 and 336 or sections 354 and 355, or to 
political committees established to promote the election of those candidates, provided 
that the amount transferred does not exceed the contribution limits established by 
section 1015; 
F. Repaying any loans or retiring any other debts incurred to defray campaign 
expenses of the candidate; 
G. Paying for any expense incurred in the proper performance of the office to which 
the candidate is elected, as long as each expenditure is itemized on expenditure 
reports; and 
H. A gift to a charitable or educational organization that is not prohibited, for tax 
reasons, from receiving such a gift. 
The choice must be made by the candidate for whose benefit the contributions were 
made. 
Sec. 9. 21-A MRSA §1017, sub-§9, as amended by PL 2007, c. 443, Pt. A, §16, 
is repealed.' 
Amend the bill in section 9 in subsection 4 by striking out all of the last line (page 5, 
line 35 in L.D.) and inserting the following: 
'This StiaseotioH: takes effeot A:agust 1, 2011.' 
Amend the bill by inserting after section 20 the following: 
'Sec. 21. 21-A MRSA §1062-A, sub-§5, as amended by PL 2013, c. 334, §31, is 
further 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 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 fmding of violation and preliminary 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 395, L.D. 1123 
penalty calculated under subsection 3 and providing the treasurer with an opportunity to 
request a determination by the commission. A request for determination must be made 
within 14 calendar days of receipt of the commission's notice. 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 swam 
statement explaining the mitigating circumstances for consideration by the commission. 
A fmal 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.' 
Amend the bill in section 21 in paragraph E in the 2nd line from the end (page 9, line 
in L.D.) by inserting after the following: "of goods" the following: 'properly reported 
in accordance with this chapter' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes clarifying changes to the bill. It clarifies that prerecorded 
automated telephone calls and scripted live telephone calls that are political 
communications that are not paid for by a candidate must state whether the 
communication was authorized by the candidate. It provides that the reporting exemption 
in the bill that allows for an uncontested primary candidate to be exempt from certain 
reporting requirements when that candidate files a sworn and notarized notification with 
the Commission on Governmental Ethics and Election Practices stating that the candidate 
will not accept contributions or make expenditures for the primary race does not apply to 
a Maine Clean Election Act candidate. The amendment strikes a provision in the bill that 
conflicts with other provisions of campaign laws regarding the termination of campaign 
requirements. Finally, the amendment adds a new section to the bill that provides that 
when a political action committee seeks a waiver of a penalty for mitigating 
circumstances surrounding the failure to file a report or filing a report late, the statement 
the committee provides does not have to be in the form of a sworn statement. This 
addition mirrors a section in the bill that makes the same provision for party committees 
and candidates when they seek a penalty waiver. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06102115 
:;'Wac:.. 
LD 1123 
LR 1384(02) 
An Act To Amend the Campaign Reports and Finances Laws and the Maine Clean Election Act 
Fiscal Note for Bill as Amended by Committee Amendment "Pf{~- )q~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - General Fund 
Fiscal Detail and Notes 
Any additional revenue to the Commission on Governmental Ethics and Election Practices from raising the penalty 
from $10 to $100 on candidates failing to file certain registrations and creating a new fine, up to a maximum of 
$5,000, on individuals required to report their name and address on certain political advertisements is expected to be 
minor. 
LR1384(02) - Fiscal Note - Page 1 of 1