An Act To Amend the Campaign Reports and Finances Law and the Maine Clean Election Act
Maine Legislature, Session 128, LD 1122
Committee: Veterans and Legal Affairs
Amends: 21-A MRSA §1001, 21-A MRSA §1006, 21-A MRSA §1013-A, 21-A MRSA §1017, 21-A MRSA §1017-A, 21-A MRSA §1018-B, 21-A MRSA §1020-A, 21-A MRSA §1051, 21-A MRSA §1052, 21-A MRSA §1053-C, 21-A MRSA §1059, 21-A MRSA §1122, 21-A MRSA §1125

Legislative Document
No. 1122
H.P. 786
House of Representatives, March 21, 2017
An Act To Amend the Campaign Reports and Finances Law and the 
Maine Clean Election Act
Reported by Representative LUCHINI of Ellsworth for the Commission on Governmental 
Ethics and Election Practices pursuant to the Maine Revised Statutes, Title 1, section 1007.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed 
pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1001, sub-§1-A is enacted to read: 
1-A.  Caucus political action committee.  "Caucus political action committee" 
means a political action committee designated under section 1053-C to promote the 
election of nominees of a political party to the House of Representatives or the Senate. 
Sec. 2.  21-A MRSA §1001, sub-§2, as amended by PL 1995, c. 483, §1, is 
further amended to read: 
2.  Election.  "Election" means any primary, general or special election for state, 
county or municipal offices as defined in municipalities subject to Title 30-A, section 
2502, subsection 1 and any referendum, including a municipal referendum in 
municipalities subject to Title 30-A, section 2502, subsection 2. 
Sec. 3.  21-A MRSA §1006 is enacted to read: 
§1006.  Statistical report 
By April 1, 2019, and annually thereafter, the commission shall submit to the joint 
standing committee of the Legislature having jurisdiction over legal affairs a statistical 
report summarizing campaign finance activity to influence state elections.  The report 
must cover the preceding 5 election years in which statewide ballot questions were 
scheduled and the 5 election years in which primary and general elections for legislative 
offices were held.  The report must include total spending by committees to influence 
candidate and ballot question elections, median and total spending by candidates, total 
independent expenditures by office, sources of contributions to candidates and 
committees and any other information regarding campaign finance and political activity 
as determined by the executive director of the commission. 
Sec. 4.  21-A MRSA §1013-A, sub-§3, as amended by PL 1995, c. 483, §5, is 
further amended to read: 
3.  Party committees.  The state, district and, county and municipal committees of 
parties shall submit to the commission their state party committees the names and 
addresses of all their officers and of their treasurers and the name and address of the 
principal paid employee, if any, within 30 10 days after the appointment, election or 
hiring of these persons.  Municipal committees must file copies of the same information 
with the commission and the municipal clerk.  District, county and municipal committees 
that provide their state party committees with the information required by this subsection 
to be submitted to the commission have met that requirement.  No later than the 2nd 
Monday in April June 15th of each year in which a general election is scheduled, the state 
party committee of a party shall submit to the commission a consolidated report, 
including the information required under this subsection, for of the names, mailing 
addresses and e-mail addresses of the chair and treasurer of the district, county and 
municipal committees of that party or of another officer if a chair or treasurer has not 
been appointed. 
Sec. 5.  21-A MRSA §1017, sub-§2, ¶D, as amended by PL 2013, c. 334, §10, is 
further amended to read: 
D.  Any If the candidate has an opponent who is on the ballot or who is a declared 
write-in candidate, any single contribution of $1,000 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 11:59 p.m. on the day of the election must be reported within 24 
hours of 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. 6.  21-A MRSA §1017, sub-§3-A, ¶C, as amended by PL 2013, c. 334, §11, 
is further amended to read: 
C.  Any If the candidate has an opponent who is on the ballot or who is a declared 
write-in candidate, any single contribution of $1,000 or more received or any single 
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 
hours of 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. 7.  21-A MRSA §1017, sub-§5, as amended by PL 2011, c. 522, §1, is 
further amended to read: 
5.  Content.  A report required under this section must contain the itemized accounts 
of contributions received during that report filing period, including the date a contribution 
was received, and the name, address, occupation, principal place of business, if any, and 
the amount of the contribution of each person who has made a contribution or 
contributions aggregating in excess of $50.  The report must contain the itemized 
expenditures made or authorized during the report filing period, the date and purpose of 
each expenditure and the name and address of each payee and creditor and any refund 
that a payee has made to the candidate or an agent of the candidate.  If the payee is a 
member of the candidate's household or immediate family, the candidate must disclose 
the candidate's relationship to the payee in a manner prescribed by the commission.  The 
report must contain a statement of any loan to a candidate by a financial institution in 
connection with that candidate's candidacy that is made during the period covered by the 
report, whether or not the loan is defined as a contribution under section 1012, subsection 
2, paragraph A.  The candidate and the treasurer are jointly and severally responsible for 
the timely and accurate filing of each required report. 
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; 
B.  A gift to a qualified political party within the State, including any county or 
municipal subdivision of such a party; 
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-1.  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 1013-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.; and 
I.  Spending the funds to pay expenses related to a recount of ballots of the 
candidate's election. 
The choice must be made by the candidate for whose benefit the contributions were 
made. 
Sec. 9.  21-A MRSA §1017-A, sub-§4-A, as amended by PL 2013, c. 334, §12, is 
further amended to read: 
4-A.  Filing schedule.  A state party committee shall file its reports according to the 
following schedule.  All reports required under paragraphs A, B and C must be filed by 
11:59 p.m. on the day of the filing deadline. 
A.  Quarterly reports must be filed by 11:59 p.m. A state party committee shall file 
quarterly reports: 
(1)  On January 15th and must be complete up to December 31st; 
(2)  On April 10th and must be complete up to March 31st; 
(3)  On July 15th and must be complete up to June 30th; and 
(4)  On October 5th and must be complete up to September 30th. 
B.  General and primary election reports must be filed by 11:59 p.m. During any year 
in which primary and general elections are held, a state party committee shall file 
primary and general election reports: 
(1)  On the 11th day before the date on which the election is held and must be 
complete up to the 14th day before that date; and 
(2)  On the 42nd day after the date on which the election is held and must be 
complete up to the 35th day after that date. 
C.  Preelection and post-election reports for special elections, referenda, initiatives, 
bond issues or constitutional amendments must be filed by 11:59 p.m. In an election 
year other than a year described in paragraph B, if a state party committee has 
received contributions or made expenditures for the purpose of influencing a ballot 
question election, a special election or a municipal candidate or referendum election 
subject to Title 30-A, section 2502, the committee shall file preelection and post-
election reports: 
(1)  On the 11th day before the date on which the election is held and must be 
complete up to the 14th day before that date; and 
(2)  On the 42nd day after the date on which the election is held and must be 
complete up to the 35th day after that date. 
D.  A state party committee that files an election report under paragraph B or C is not 
required to file a quarterly report under paragraph A when the deadline for that 
quarterly report falls within 10 days of the filing deadline established in paragraph B 
or C. 
E.   A  If a state party committee is required to file a report 11 days before an election 
pursuant to paragraph B or C, the state party committee shall report 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. 10.  21-A MRSA §1017-A, sub-§4-B, ¶C, as amended by PL 2013, c. 334, 
§13, is further amended to read: 
C.  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 a general 
election and more than 24 hours before 11:59 p.m. on the day of the election within 
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. 11.  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 political 
action 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. 12.  21-A MRSA §1020-A, sub-§1, as enacted by PL 1995, c. 483, §15, is 
amended to read: 
1.  Registration.  A candidate that fails to register the name of a candidate, treasurer 
or political committee with the commission within the time allowed by section 1013-A, 
subsection 1 may be assessed a forfeiture of $10 $100.  The commission shall determine 
whether a registration satisfies the requirements for timely filing under section 1013-A, 
subsection 1. 
Sec. 13.  21-A MRSA §1051, as amended by PL 2009, c. 190, Pt. A, §15, is 
further amended to read: 
§1051.  Application 
This subchapter applies to the activities of political action committees and ballot 
question committees organized in and outside this State that accept contributions, incur 
obligations or make expenditures for to influence the nomination or election of a 
candidate to state, county or municipal officers, office or for the support or defeat of any 
to initiate or influence a campaign, as defined in this subchapter. 
Sec. 14.  21-A MRSA §1052, sub-§2, as amended by PL 2007, c. 443, Pt. A, §27, 
is further amended to read: 
2.  Committee.  "Committee" means any political action committee, as defined in 
this subchapter, or any ballot question committee, as described in section 1056-B, and 
includes any agent of a political action committee or ballot question committee. 
Sec. 15.  21-A MRSA §1053-C is enacted to read: 
§1053-C.  Caucus political action committees 
Each appointed leader of a political party in the House of Representatives or the 
Senate may designate one caucus political action committee to promote the election of 
nominees of that appointed leader's political party to the body of the Legislature of which 
that appointed leader is a member.  The designation must be made in a letter to the 
commission and remains effective until it is amended by the appointed leader of that 
political party in that body of the Legislature in writing. 
Sec. 16.  21-A MRSA §1059, as amended by PL 2013, c. 334, §§27 and 28, is 
further amended to read: 
§1059.  Report; filing requirements 
Committees A committee required to register under section 1052-A, 1053-B or 
1056-B shall file an initial campaign finance report at the time within 7 days 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. 
2.  Reporting schedule.  Committees A committee shall file reports according to the 
following schedule. 
A.  All committees A committee shall file quarterly reports: 
(1)  On January 15th, and the report must be complete as of December 31st; 
(2)  On April 10th, and the report must be complete as of March 31st; 
(3)  On July 15th, and the report must be complete as of June 30th; and 
(4)  On October 5th, and the report must be complete as of September 30th. 
B.  General and primary election reports must be filed During any year in which 
primary and general elections are held, a committee shall file primary and general 
election reports: 
(1)  On the 11th day before the date on which the election is held and must be 
complete as of the 14th day before that date; and 
(2)  On the 42nd day after the date on which the election is held and must be 
complete as of the 35th day after that date. 
A committee shall file primary and general election reports even if the committee did 
not engage in financial activity to influence the primary or general election. 
C.  Preelection and post-election reports for special elections or ballot measure 
campaigns must be filed In an election year other than a year described in paragraph 
B, if a committee has received contributions or made expenditures for the purpose of 
influencing a ballot question election, a special election or a municipal candidate or 
referendum election subject to Title 30-A, section 2502, the committee shall file 
preelection and post-election reports: 
(1)  On the 11th day before the date on which the election is held and must be 
complete as of the 14th day before that date; and 
(2)  On the 42nd day after the date on which the election is held and must be 
complete as of the 35th day after that date. 
D.  A committee that files an election report under paragraph B or C is not required to 
file a quarterly report when the deadline for that quarterly report falls within 10 days 
of the filing deadline established in paragraph B or C. 
E.   A  If a committee is required to file a report 11 days before an election pursuant 
to paragraph B or C, the committee shall report 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 
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.  
5.  Electronic filing.  Committees A committee shall file each report required by this 
section through an electronic filing system developed by the commission.  The 
commission may make an exception to this electronic filing requirement if a committee 
submits a written request that states that the committee lacks access to the technology or 
the technological ability to file reports electronically.  The request for an exception must 
be submitted within 30 days of the registration of the committee.  The commission shall 
grant all reasonable requests for exceptions. 
Sec. 17.  21-A MRSA §1122, sub-§1-A is enacted to read: 
1-A.  Caucus political action committee.  "Caucus political action committee" has 
the same meaning as in section 1001, subsection 1-A. 
Sec. 18.  21-A MRSA §1125, sub-§2-A, ¶A, as enacted by PL 2007, c. 443, Pt. 
B, §6, is amended to read: 
A.  All goods and services received prior to certification must be paid for with seed 
money contributions, except for goods and services that are excluded from the 
definition of contribution in section 1012, subsection 2, paragraph B.  It is a violation 
of this chapter for a participating certified candidate to use fund revenues received 
after certification to pay for goods and services received prior to certification. 
Sec. 19.  21-A MRSA §1125, sub-§3, as amended by IB 2015, c. 1, §18, is 
repealed and the following enacted in its place: 
3.  Qualifying contributions.  The collection of qualifying contributions by 
participating candidates is governed by this subsection. 
A.  To be eligible to receive Maine Clean Election Act funding, participating 
candidates must obtain qualifying contributions during the qualifying period as 
follows: 
(1)  For a gubernatorial candidate, at least 3,200 verified registered voters of this 
State must support the candidacy by providing a qualifying contribution to that 
candidate; 
(2)  For a candidate for the State Senate, at least 175 verified registered voters 
from the candidate's electoral division must support the candidacy by providing a 
qualifying contribution to that candidate; or 
(3)  For a candidate for the State House of Representatives, at least 60 verified 
registered voters from the candidate's electoral division must support the 
candidacy by providing a qualifying contribution to that candidate. 
B.  If a contributor has made a check or money order payable to a participating 
candidate in error, the candidate may remedy the error by endorsing the check or 
money order to the Maine Clean Election Fund, according to the procedures of the 
commission. 
C.  A payment, gift or anything of value may not be given in exchange for a 
qualifying contribution. 
D.  A contributor may make a qualifying contribution to a participating candidate in 
the form of cash, as long as the candidate submits a money order in the same amount 
to the commission.  The money order must be signed by the contributor to be a valid 
qualifying contribution.  The cash received from the contributor must be used to 
reimburse the person who provided the money order.   
E.  Any money order fees paid with seed money or Maine Clean Election Act funds 
must be reported as an expenditure in campaign finance reports submitted to the 
commission.  If a participating candidate uses personal funds to pay fees for the 
purchase of money orders, those fees are not a contribution to the candidate and are 
not required to be disclosed in campaign finance reports.  Prior to certification, the 
candidate must report any money order fees paid by anyone other than the candidate 
as an in-kind contribution subject to seed money limitations. 
F.  The commission may establish by routine technical rule, adopted in accordance 
with Title 5, chapter 375, subchapter 2-A, a procedure for a qualifying contribution to 
be made by a credit or debit transaction and by electronic funds transfer over the 
Internet. Records containing information provided by individuals who have made 
qualifying contributions over the Internet are confidential, except for the name of the 
individual making the contribution, the date of the contribution, the individual's 
residential address and the name and office sought of the candidate in whose support 
the contribution was made. 
G.  It is a violation of this chapter for a participating candidate or an agent of the 
participating candidate to misrepresent the purpose of soliciting qualifying 
contributions and obtaining the contributor's signed acknowledgment. 
Sec. 20.  21-A MRSA §1125, sub-§3-A, as enacted by IB 2015, c. 1, §19, is 
amended to read: 
3-A.  Additional qualifying contributions.  Participating or certified candidates may 
collect and submit to the commission additional qualifying contributions at the times 
specified in subsection 8-E.  The commission shall credit a candidate with either one 
qualifying contribution or one additional qualifying contribution, but not both, from any 
one contributor during the same election cycle.  If any candidate collects and submits to 
the commission qualifying contributions or additional qualifying contributions that 
cannot be credited pursuant to this subsection, those qualifying contributions or additional 
qualifying contributions may be refunded to the contributor or deposited into the Maine 
Clean Election Fund at the discretion of the candidate.  The procedures and restrictions 
set out in subsection 3, paragraphs B to G apply to additional qualifying contributions. 
Sec. 21.  21-A MRSA §1125, sub-§3-B is enacted to read: 
3-B.  Receipt and acknowledgment forms.  The commission shall prepare forms for 
persons making qualifying contributions to acknowledge the contribution as required in 
section 1122, subsection 7, paragraph D.  A qualifying contribution is not valid if anyone 
other than the contributor signed the contributor's name to the form, except that a 
qualifying contribution is valid if it is signed by the contributor's immediate family 
member, domestic partner or live-in caregiver when the contributor is unable to sign due 
to a physical impairment or disability. 
SUMMARY 
The bill amends the laws governing the financing of political campaigns and the 
Commission on Governmental Ethics and Election Practices by: 
1.  Clarifying that the definition of "election" covers both candidate and ballot 
question elections; 
2.  Requiring the commission to submit an annual statistical report of campaign 
finance activity to the joint standing committee of the Legislature having jurisdiction over 
legal affairs; 
3.  Amending the requirement for state party committees to provide names, mailing 
addresses and e-mail addresses of the chair and treasurer for municipal, district and 
county party committees to the commission; 
4.  Eliminating the requirement for unopposed primary election candidates to report 
contributions and expenditures of $1,000 or more within 24 hours during the last 13 days 
before the primary election; 
5.  Requiring candidates to disclose the addresses of payees and creditors in their 
campaign finance reports; 
6.  Permitting candidates to spend surplus campaign contributions on expenses 
associated with a recount of an election; 
7.  Clarifying the reporting deadlines for state party committees, political action 
committees and ballot question committees.  Under the bill, quarterly campaign finance 
reports are due every year; committees must file preelection and post-election reports on 
the 11th day before and the 42nd day after an election for both the primary and general 
elections during a candidate election year; and for elections held in other years, 
committees must file the preelection and post-election reports only if they received 
contributions or made expenditures for the purpose of influencing the election; 
8.  Clarifying that municipal, district and county party committees are not required to 
report large contributions and expenditures within 24 hours during the last 13 days before 
a primary election; 
9.  Increasing the potential penalty for an individual's failure to register as a candidate 
with the commission from $10 to $100; 
10.  Defining "caucus political action committee" to mean a committee designated by 
a party leader in the Legislature to promote the election of the nominees of their political 
party to the House or Senate; 
11.  Eliminating the requirement for candidates to report money order fees paid by 
the candidate with personal funds when seeking Maine Clean Election Act funding; and 
12.  Prohibiting candidates and others from signing the name of a contributor on a 
receipt and acknowledgment form submitted to the commission, except when a 
contributor's immediate family member, domestic partner or live-in caregiver signs on 
behalf of the contributor due to a physical impairment or disability.