An Act Regarding Terminology in Campaign Finance Law
Maine Legislature, Session 128, LD 0394
Committee: Veterans and Legal Affairs
Sponsors: SUTTON, BRAKEY, LOCKMAN, O'CONNOR, PRESCOTT, SIMMONS, SIROCKI
Amends: 1 MRSA §1008, 21-A MRSA §153-A, 21-A MRSA §1004-B, 21-A MRSA §1013-A, 21-A MRSA §1121, 21-A MRSA §1122, 21-A MRSA §1123, 21-A MRSA §1124, 21-A MRSA §1125, 21-A MRSA §1126, 21-A MRSA §1127, 21-A MRSA §1128, 36 MRSA §5286

Legislative Document
No. 394
H.P. 285
House of Representatives, February 7, 2017
An Act Regarding Terminology in Campaign Finance Law
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SUTTON of Warren.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: LOCKMAN of Amherst, O'CONNOR of Berwick, PRESCOTT of 
Waterboro, SIMMONS of Waldoboro, 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 Title 21-A, chapter 14; 
Sec. 2.  1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is amended to 
read: 
5.  Maine Campaign Public Financing Act and Maine Campaign Public 
Financing Fund.  To administer and ensure the effective implementation of the Maine 
Clean Election Campaign Public Financing Act and the Maine Clean Election Campaign 
Public Financing Fund according to Title 21-A, chapter 14; and 
Sec. 3.  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 Campaign Public Financing Act forms 
under chapter 14 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. 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 Campaign Public Financing 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 
Campaign Public Financing 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 Campaign Public Financing 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 Campaign Public Financing 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. 5.  21-A MRSA §1013-A, sub-§1, ¶C, as amended by PL 2015, c. 350, §4, 
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 
may 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 chapter 14 is not required to file the 
written statement described in 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. 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 Campaign Public 
Financing Act." 
Sec. 7.  21-A MRSA §1122, sub-§§1, 4, 5 and 6, as enacted by IB 1995, c. 1, 
§17, are amended to read: 
1.  Certified candidate.  "Certified candidate" means a candidate running for 
Governor, State Senator or State Representative who chooses to participate in the Maine 
Clean Election Campaign Public Financing Act and who is certified as a Maine Clean 
Election Campaign Public Financing Act candidate under section 1125, subsection 5. 
4.  Fund.  "Fund" means the Maine Clean Election Campaign Public Financing 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 
participate in the Maine Clean Election Campaign Public Financing Act and who is not 
seeking to be certified as a Maine Clean Election Campaign Public Financing Act 
candidate under section 1125, subsection 5. 
6.  Participating candidate.  "Participating candidate" means a candidate who is 
running for Governor, State Senator or State Representative who is seeking to be certified 
as a Maine Clean Election Campaign Public Financing Act candidate under section 1125, 
subsection 5. 
Sec. 8.  21-A MRSA §1123, as enacted by IB 1995, c. 1, §17, is amended to read: 
§1123.  Alternative campaign financing option 
This chapter establishes an alternative campaign financing option available to 
candidates running for Governor, State Senator and State Representative.  This alternative 
campaign financing option is available to candidates for elections to be held beginning in 
the year 2000.  The commission shall administer this Act and the fund.  Candidates 
participating in the Maine Clean Election Campaign Public Financing Act must also 
comply with all other applicable election and campaign laws and regulations. 
Sec. 9.  21-A MRSA §1124, as amended by IB 2015, c. 1, §14, is further amended 
to read: 
§1124.  The Maine Campaign Public Financing Fund established; sources of funding 
1.  Established.  The Maine Clean Election Campaign Public Financing Fund is 
established to finance the election campaigns of certified Maine Clean Election 
Campaign Public Financing Act candidates running for Governor, State Senator and State 
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. 
2.  Sources of funding.  The following must be deposited in the fund: 
A.  The qualifying contributions and additional qualifying contributions required 
under section 1125 when those contributions are submitted to the commission; 
B.   Three million dollars of the revenues from the taxes imposed under Title 36, 
Parts 3 and 8 and credited to the General Fund, transferred to the fund by the State 
Controller on or before January 1st of each year, beginning January 1, 1999.  These 
revenues must be offset in an equitable manner by an equivalent reduction in tax 
expenditures as defined in Title 36, section 199-A, subsection 2.  This section may 
not affect the funds distributed to the Local Government Fund under Title 30-A, 
section 5681.; 
C.  Revenue from a tax checkoff program allowing a resident of the State who files a 
tax return with the State Tax Assessor to designate that $3 be paid into the fund.  In 
the case of a joint return, each spouse may designate that $3 be paid.  The State Tax 
Assessor shall report annually the amounts designated for the fund to the State 
Controller, who shall transfer that amount to the fund; 
D.  Seed money contributions remaining unspent after a candidate has been certified 
as a Maine Clean Election Campaign Public Financing Act candidate; 
E.  Fund revenues that were distributed to a Maine Clean Election Campaign Public 
Financing 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 Campaign 
Public Financing Act candidate who does not remain a candidate throughout a 
primary or general election cycle; 
G.  Voluntary donations made directly to the fund; and 
H.  Fines collected under section 1020-A, subsection 4-A and section 1127. 
4.  Report on fund amount; operating margin.  By January 1st of each year the 
commission shall provide to the Legislature and the Governor a report of its projection of 
the revenues and expenditures of the Maine Clean Election Campaign Public Financing 
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 Campaign Public Financing Act.  If any such 
report 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. 
Sec. 10.  21-A MRSA §1125, sub-§1, as amended by PL 2011, c. 389, §51, is 
further amended to read: 
1.  Declaration of intent.  A participating candidate must file a declaration of intent 
to seek certification as a Maine Clean Election Campaign Public Financing Act candidate 
and to comply with the requirements of this chapter.  The declaration of intent must be 
filed with the commission prior to or during the qualifying period, except as provided in 
subsection 11, according to forms and procedures developed by the commission.  
Qualifying contributions collected more than 5 business days before the declaration of 
intent has been filed will not be counted toward the eligibility requirement in subsection 
3. 
Sec. 11.  21-A MRSA §1125, sub-§2-A, as amended by IB 2015, c. 1, §16, is 
further amended to read: 
2-A.  Seed money restrictions.  To be eligible for certification, a participating 
candidate may collect and spend only seed money contributions subsequent to becoming 
a candidate and prior to certification.  A participating candidate may not solicit, accept or 
collect seed money contributions after certification as a Maine Clean Election Campaign 
Public Financing Act candidate. 
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 candidate to use fund revenues received after 
certification to pay for goods and services received prior to certification. 
B.  Prior to certification, a participating candidate may obligate an amount greater 
than the seed money collected, but may only receive that portion of goods and 
services that has been paid for or will be paid for with seed money.  A participating 
candidate who has accepted contributions or made expenditures that do not comply 
with the seed money restrictions under this chapter may petition the commission to 
remain eligible for certification as a Maine Clean Election Campaign Public 
Financing Act candidate in accordance with rules of the commission, if the failure to 
comply was unintentional and does not constitute a significant infraction of these 
restrictions. 
C.  Upon requesting certification, a participating candidate shall file a report of all 
seed money contributions and expenditures.  If the candidate is certified, any unspent 
seed money will be deducted from the amount distributed to the candidate as 
provided in subsection 8-F. 
Sec. 12.  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 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 Campaign Public Financing Fund at the discretion of the candidate. 
Sec. 13.  21-A MRSA §1125, sub-§5, as amended by IB 2015, c. 1, §20, is 
further amended to read: 
5.  Certification of Maine Campaign Public Financing Act candidates.  Upon 
receipt of a final submittal of qualifying contributions by a participating candidate, the 
executive director of the commission shall determine whether the candidate has: 
A.  Signed and filed a declaration of intent to participate in this Act; 
B.  Submitted the appropriate number of valid qualifying contributions; 
C.  Qualified as a candidate by petition or other means no later than 5 business days 
after the end of the qualifying period; 
D.  Not accepted contributions, except for seed money contributions, and otherwise 
complied with seed money restrictions; 
D-1.  Not run for the same office as a nonparticipating candidate in a primary election 
in the same election year;  
D-2.  Not been found to have made a material false statement in a report or other 
document submitted to the commission; 
D-3.  Not otherwise substantially violated the provisions of this chapter or chapter 13; 
D-4.  Not failed to pay any civil penalty assessed by the commission under this Title, 
except that a candidate has 3 business days from the date of the request for 
certification to pay the outstanding penalty and remain eligible for certification;  
D-5.  Not submitted any fraudulent qualifying contributions or any falsified 
acknowledgement forms for qualifying contributions or seed money contributions; 
and 
E.  Otherwise met the requirements for participation in this Act under this chapter. 
The executive director shall certify a candidate complying with the requirements of this 
section as a Maine Clean Election Campaign Public Financing Act candidate as soon as 
possible after final submittal of qualifying contributions and other supporting documents 
required under subsection 4 but no later than 3 business days for legislative candidates 
and 5 business days for gubernatorial candidates.  The executive director may take 
additional time if further investigation is necessary to verify compliance with this Act as 
long as the commission notifies the candidate regarding the anticipated schedule for 
conclusion of the investigation.  A candidate or other interested person may appeal the 
decision of the executive director to the members of the commission in accordance with 
subsection 14. 
A certified candidate must comply with all requirements of this Act after certification and 
throughout the primary and general election periods.  Failure to do so is a violation of this 
chapter. 
Sec. 14.  21-A MRSA §1125, sub-§14, as amended by PL 2011, c. 389, §59, is 
further amended to read: 
14.  Appeals.  A candidate who has been denied certification as a Maine Clean 
Election Campaign Public Financing Act candidate by the commission's executive 
director, the opponent of a candidate who has been granted certification as a Maine Clean 
Election Campaign Public Financing Act candidate or other interested persons may 
challenge a certification decision by the executive director as follows. 
A.  A challenger may appeal to the commission within 7 days of the certification 
decision.  The appeal must be in writing and must set forth the reasons for the appeal. 
B.  Within 5 days after an appeal is properly made and after notice is given to the 
challenger and any opponent, the commission shall hold a hearing, except that the 
commission may extend this period upon agreement of the challenger and the 
candidate whose certification is the subject of the appeal, or in response to the request 
of either party upon a showing of good cause.  The appellant has the burden of 
proving that the certification decision was in error as a matter of law or was based on 
factual error.  The commission must rule on the appeal within 5 business days after 
the completion of the hearing. 
C.  A challenger may appeal the decision of the commission in paragraph B by 
commencing an action in Superior Court within 5 days of the date of the 
commission's decision.  The action must be conducted in accordance with Rule 80C 
of the Maine Rules of Civil Procedure, except that the court shall issue its written 
decision within 20 days of the date of the commission's decision.  Any aggrieved 
party may appeal the decision of the Superior Court by filing a notice of appeal 
within 3 days of that decision.  The record on appeal must be transmitted to the Law 
Court within 3 days after the notice of appeal is filed.  After filing the notice of 
appeal, the parties have 4 days to file briefs and appendices with the clerk of the 
court.  The court shall consider the case as soon as possible after the record and briefs 
have been filed and shall issue its decision within 14 days of the decision of the 
Superior Court. 
D.  A candidate whose certification as a Maine Clean Election Campaign Public 
Financing Act candidate is reversed on appeal must return to the commission any 
unspent revenues distributed from the fund.  If the commission or court finds that an 
appeal was made frivolously or to cause delay or hardship, the commission or court 
may require the moving party to pay costs of the commission, court and opposing 
parties, if any. 
Sec. 15.  21-A MRSA §1126, as amended by PL 2001, c. 465, §7, is further 
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, certification as a Maine Clean Election Campaign Public Financing 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 Campaign Public Financing 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 II-A 2-A. 
Sec. 16.  21-A MRSA §1127, sub-§2, as enacted by IB 1995, c. 1, §17, is 
amended to read: 
2.  Class E crime.  A person who willfully or knowingly violates this chapter or rules 
of the commission or who willfully or knowingly makes a false statement in any report 
required by this chapter commits a Class E crime and, if certified as a Maine Clean 
Election Campaign Public Financing Act candidate, must return to the fund all amounts 
distributed to the candidate. 
Sec. 17.  21-A MRSA §1128, as amended by PL 2009, c. 190, Pt. B, §3, is further 
amended to read: 
§1128.  Study report 
By March 15, 2011 and every 4 years after that date, the commission shall prepare for 
the joint standing committee of the Legislature having jurisdiction over legal affairs a 
report documenting, evaluating and making recommendations relating to the 
administration, implementation and enforcement of the Maine Clean Election Act this 
chapter and the Maine Clean Election Campaign Public Financing Fund. 
Sec. 18.  36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is amended to read: 
§5286.  Contribution to Maine Campaign Public Financing Fund; voluntary 
checkoff 
1.  Designation.  Resident taxpayers may designate that $3 of their taxes be deposited 
in the Maine Clean Election Campaign Public Financing Fund in accordance with Title 
21-A, section 1124. 
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 Clean 
Election Campaign Public Financing Fund. 
3.  Transfer of Funds.  The State Tax Assessor shall transfer funds from the General 
Fund in accordance with Title 21-A, section 1124. 
Sec. 19.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 21-A, chapter 14, in the chapter headnote, the words 
"the maine clean election act" are amended to read "the maine campaign public financing 
act" and the Revisor of Statutes shall implement this revision when updating, publishing 
or republishing the statutes. 
SUMMARY 
This 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.