An Act Regarding Terminology in Campaign Finance Law
Maine Legislature, Session 128, LD 0394
Committee Amendment CA_A_H79 (House)
Amends: 1 MRSA §1008, 21-A MRSA §1004-B, 21-A MRSA §1121, 21-A MRSA §1122, 21-A MRSA §1126, 36 MRSA §5286

COMMITTEE AMENDMENT "A-" to H.P. 285, L.D. 394, Bill, "An Act 
Regarding Terminology in Campaign Finance Law" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is amended to 
read: 
5. 
Maine Taxpayer-funded Campaign Act and Maine Taxpayer-funded 
Campaign Fund. To administer and ensure the effective implementation of the Maine 
Clean Election Taxpayer-funded Campaign Act and the Maine Clean Election Taxpayer-
funded Campaign Fund according to Title 21-A, chapter 14; and' 
Amend the bill in section 3 in subsection 3 in the 3rd line (page 1, line 17 in L.D.) by 
striking out the following: "Campaign Public Financing" and insetiing the following: 
'Taxpayer-funded Campaign' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 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 Taxpayer-funded Campaign Act funds under chapter 14 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 
Taxpayer-funded Campaign Act funds is a civil violation by the candidate, treasurer, 
patiy committee, political action committee or other person. Thiliy 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 Clem1 Election Taxpayer-funded Campaign Act funds unless 
the commission has provided an extended deadline for payment. The Attorney General 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "n "to H.P. 285, L.D. 394 
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 Taxpayer-funded Campaign Act 
funds. This action must be brought in the Superior Comt for Kennebec County or the 
District Court, 7th District, Division of Southern Kennebec.' 
Amend the bill by striking out all of sections 6 and 7 and inserting the following: 
'Sec. 6. 21-A MRSA §1121, as enacted by IB 1995, c. 1, § 17, is amended to read: 
§1121. Short title 
This chapter may be known and cited as the "Maine Clean Election Taxpayer-funded 
Campaign Act." 
Sec. 7. 21-A MRSA §1122, sub-§§1, 4, 5 and 6, as enacted by TB 1995, c. 1, 
§ 17, are amended to read: 
1. 
Certified candidate. 
"Ce1tified candidate" means a candidate running for 
Governor, State Senator or State Representative who chooses to paiticipate in the Maine 
Clean Election Taxpayer-funded Campaign Act and who is ce1tified as a Maine Glean 
Election Taxpayer-funded Campaign Act candidate under section 1125, subsection 5. 
4. Fund. "Fund" means the Maine Clean Election Taxpayer-funded Campaign Fund 
established in section 1124. 
5. Nonparticipating candidate. "Nonparticipating candidate" means a candidate 
running for Governor, State Senator or State Representative who does not choose to 
paiticipate in the Maine Clean Election Taxpayer-funded Campaign Act and who is not 
seeking to be ce1tified as a Maine Clean ElectfBn Taxpayer-funded Campaign Act 
candidate under section 1125, subsection 5. 
6. Participating candidate. "Patticipating candidate" means a candidate who is 
running for Governor, State Senator or State Representative who is seeking to be ce1tified 
as a Maine Clean Election Taxpayer-funded Campaign Act candidate under section 1125, 
subsection 5.' 
Amend the bill in section 8 in § 1123 in the first paragraph in the next to the last line 
(page 3, line 13 in L.D.) by striking out the following: "Campaign Public Financing" and 
insetting the following: 'Taxpayer-funded Campaign' 
Amend the bill in section 9 in § 1124 by striking out all of subsection 1 (page 3, lines 
to 23 in L.D.) and insetting the following: 
'1. Established. The Maine Clean Election Taxpayer-funded Campaign Fund is 
established to finance the election campaigns of certified Maine Clean Election 
Taxpayer-funded Campaign Act candidates running for Governor, State Senator and State 
5 
Representative and to pay administrative and enforcement costs of the commission 
related to this Act. The fund is a special, dedicated, nonlapsing fund and any interest 
generated by the fund is credited to the fund. The commission shall administer the fund.' 
8 
Amend the bill in section 9 in § 1124 in subsection 2 by striking out all of paragraphs 
D, E and F (page 4, lines 1 to 8 in L.D.) and insetting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·I~ "to H.P. 285, L.D. 394 
'D. Seed money contributions remaining unspent after a candidate has been cetiified 
as a Maine Clean Election Taxpayer-funded Campaign Act candidate; 
E. Fund revenues that were distributed to a Maine Clean Election Taxpayer-funded 
Campaign Act candidate and that remain unspent after the candidate has lost a 
primary election or after all general elections; 
F. Other unspent fund revenues distributed to any Maine Clean Election Taxpayer-
funded Campaign Act candidate who does not remain a candidate throughout a 
primary or general election cycle;' 
Amend the bill in section 9 by striking out all of subsection 4 (page 4, lines 11 to 26 
in L.D.) and inserting the following: 
'4. Report on fund amount; operating margin. By January 1st of each year the 
commission shall provide to the Legislature and the Governor a repo1i of its projection of 
the revenues and expenditures of the Maine Clean Election Taxpayer-funded Campaign 
Fund for the subsequent 4-year period. The commission shall include in the report an 
operating margin of 20% to ensure sufficient funds in the event of higher-than-expected 
participation in the Maine Clean Election Taxpayer-funded Campaign Act. If any such 
repo1i shows that the projected revenue for the subsequent 4-year period exceeds the 
projected expenses for that 4-year period plus the 20% operating margin, the commission 
shall notify the Legislature and the Governor and request that the amount of expected 
funding that exceeds the expected demand on the fund plus the operating margin be 
transferred to the General Fund. The Department of Administrative and Financial 
Services, Bureau of Revenue Services shall assist the commission with revenue 
projections required by this subsection. If at any time the commission determines that 
projected revenue is not sufficient to cover the projected demand for funds in the 4-year 
period plus the operating margin, the commission may submit legislation to request 
additional funding.' 
Amend the bill in section 10 in subsection 1 in the 2nd line (page 4, line 30 in L.D.) 
by striking out the following: "Campaign Public Financing" and inserting the following: 
'Taxpayer-funded Campaign' 
Amend the bill in section 11 in subsection 2-A in the 4th and 5th lines (page 5, lines 1 
and 2 in L.D.) by striking out the following: "Campaign Public Financing" and inserting 
the following: 'Taxpayer-funded Campaign' 
Amend the bill in section 11 in subsection 2-A in paragraph B in the 6th and 7th lines 
(page 5, lines 13 and 14 in L.D.) by striking out the following: "Campaign Public 
Financing" and inserting the following: 'Taxpayer-funded Campaign' 
Amend the bill in section 12 in subsection 3-A in the last line (page 5, line 31 in 
7 
L.D.) by striking out the following: "Campaign Public Financing" and inserting the 
following: 'Taxpayer-funded Campaign' 
Amend the bill in section 13 in subsection 5 in the first line (page 5, line 34 in L.D.) 
by striking out the following: "Campaign Public Financing" and insetting the 
following: 'Taxpayer-funded Campaign' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~}" to H.P. 285, L.D. 394 
Amend the bill in section 13 in subsection 5 in the blocked paragraph in the 2nd line 
(page 6, line 16 in L.D.) by striking out the following: "Campaign Public Financing" and 
inserting the following: 'Taxpayer-funded Campaign' 
Amend the bill in section 14 in subsection 14 by striking out all of the first 5 lines 
(page 6, lines 30 to 34 in L.D.) and inserting the following: 
'14. Appeals. A candidate who has been denied certification as a Maine GIBafl 
Election Taxpayer-funded Campaign Act candidate by the commission's executive 
director, the opponent of a candidate who has been granted certification as a Maine GIBafl 
Election Taxpayer-funded Campaign Act candidate or other interested persons may 
challenge a ce1tification decision by the executive director as follows.' 
Amend the bill in section 14 in subsection 14 in paragraph D in the first 2 lines (page 
7, lines 16 and 17 in L.D.) by striking out the following: "Campaign Public Financing" 
and inse1ting the following: 'Taxpayer-funded Campaign' 
Amend the bill by striking out all of section 15 and inse1ting the following: 
'Sec. 15. 21-A MRSA §1126, as amended by PL 2001, c. 465, §7, is fmther 
amended to read: 
§1126. Commission to adopt rules 
The commission shall adopt rules to ensure effective administration of this chapter. 
These rules must include but must not be limited to procedures for obtaining qualifying 
contributions, cettification as a Maine Clean Election Taxpayer-funded Campaign Act 
candidate, circumstances involving special elections, vacancies, recounts, withdrawals or 
replacements, collection of revenues for the fund, distribution of fund revenue to certified 
candidates, return of unspent fund disbursements, disposition of equipment purchased 
with clean election Maine Taxpayer-funded Campaign Act funds and compliance with 
the Maine Clean Election Act this chapter. Rules of the commission required by this 
section are major substantive rules as defined in Title 5, chapter 375, subchapter H-A 
2-A.' 
Amend the bill in section 16 in subsection 2 in the 4th line (page 7, line 39 in L.D.) 
by striking out the following: "Campaign Public Financing" and inse1ting the following: 
'Taxpayer-funded Campaign' 
1 
Amend the bill in section 17 in § 1128 in the first paragraph in the last line (page 8, 
line 6 in L.D.) by striking out the following: "Campaign Public Financing" and insetting 
the following: 'Taxpayer-funded Campaign' 
Amend the bill by striking out all of section 18 and inse1ting the following: 
'Sec. 18. 36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is amended to read: 
§5286. 
Contribution to Maine Taxpayer-funded Campaign Fund; voluntary 
checkoff 
1. Designation. Resident taxpayers may designate that $3 of their taxes be deposited 
in the Maine Clean Election Taxpayer-funded Campaign Fund in accordance with Title 
21-A,sectionll24. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 285, L.D. 394 
2. Forms. The State Tax Assessor shall provide on the first page of the income tax 
form a space for the filing individual to indicate whether that filer wishes to pay $3, or $6 
if filing a joint return, from the General Fund of the State to finance the Maine GleaH: 
Eleotion Taxpayer-funded Campaign Fund. 
3. Transfer of funds. The State Tax Assessor shall transfer funds from the General 
Fund in accordance with Title 21-A, section 1124.' 
Amend the bill in section 19 in the 3rd line (page 8, line 21 in L.D.) by striking out 
the following: "campaign public financing" and inserting the following: 'taxpayer-funded 
campaign' 
SUMMARY 
The bill changes references to the Maine Clean Election Act and the Maine Clean 
Election Fund to the Maine Campaign Public Financing Act and the Maine Campaign 
Public Financing Fund. This amendment, which is the minority report of the committee, 
changes references to the Maine Clean Election Act and the Maine Clean Election Fund 
to the Maine Taxpayer-funded Campaign Act and the Maine Taxpayer-funded Campaign 
Fund. 
COMMITTEE AMENDMENT