An Act To Limit Agency Expenditures To Influence Elections
Maine Legislature, Session 128, LD 0298
Committee: Veterans and Legal Affairs
Sponsors: CHAPMAN
Amends: 5 MRSA §59, 5 MRSA §7056-A

Legislative Document
No. 298
H.P. 231
House of Representatives, January 31, 2017
An Act To Limit Agency Expenditures To Influence Elections
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CHAPMAN of Brooksville.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §59 is enacted to read: 
§59.  Use of agency resources to influence elections 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Agency" means a department, agency, office, board, division, bureau, 
commission or council within the executive branch of State Government or within a 
political subdivision of the State. 
B.  "Election" means the nomination or election of a person to a public office and the 
direct initiative of legislation or a people's veto referendum that has been submitted to 
the Secretary of State for approval pursuant to Title 21-A, section 901 or other 
statewide referendum. 
C.  "Influencing the outcome of an election" means supporting or opposing an 
election. 
D.  "Resource" means anything of value, including but not limited to money, 
accounts, 
the 
work 
of 
personnel, 
credit, 
facilities, 
vehicles, 
postage, 
telecommunications services, computer hardware and software, websites, materials 
and buildings. 
2.  Prohibition.  Notwithstanding any other law, an agency may not make any 
expenditure or use its resources for influencing the outcome of an election or make a 
donation or contribution, whether in cash or in kind, to another person for the purpose of 
influencing the outcome of an election. 
3.  Exceptions.  This subsection governs exceptions to this section. 
A.  An agency may expend money to produce and distribute an impartial factual 
summary regarding the subject of a direct initiative of legislation, a people's veto 
referendum or other statewide referendum if the summary contains a record of 
arguments made both for and against the issue that is the subject of the direct 
initiative of legislation, people's veto referendum or other statewide referendum and 
does not contain a conclusion or the opinion of the agency in favor of or against the 
issue. 
B.  An individual member or employee of an agency may expend personal funds, 
make personal contributions or use personal time for influencing the outcome of an 
election, subject to section 7056-A. 
C.  This section does not apply to: 
(1)  An official residence furnished or paid for by the State or a political 
subdivision of the State; 
(2)  A security officer who is required to accompany a candidate or the 
candidate's family; 
(3)  A publicly owned motor vehicle provided for the use of the Governor or of 
the executive head of the governing body of a political subdivision of the State; 
or 
(4)  A publicly owned aircraft provided for security purposes for the use of the 
Governor or the Governor's family or of the executive head of the governing 
body of a political subdivision of the State or of that person's family except that, 
if such a use is in whole or in part for campaign purposes, the expenses relating 
to the campaign must be reported and reimbursed. 
4.  Enforcement.  The Attorney General or a private party whose pecuniary or 
nonpecuniary interest in the outcome of an election is injured by an expenditure in 
violation of this section, including but not limited to a registered ballot question 
committee under Title 21-A, section 1056-B and a political action committee as defined 
in Title 21-A, section 1052, subsection 5, may bring an action to enforce this section and 
seek relief to enjoin an agency from violating this section and to require the agency to 
reimburse the account from which an expenditure in violation of this section was made. 
Sec. 2.  5 MRSA §7056-A, sub-§1, ¶A, as enacted by PL 1997, c. 498, §6, is 
amended to read: 
A.  Interfering with or affecting the result of a partisan election or nomination for 
elective office or the result of a direct initiative of legislation, a people's veto 
referendum or other statewide referendum; or 
Sec. 3.  5 MRSA §7056-A, sub-§2, ¶¶A and B, as enacted by PL 1997, c. 498, 
§6, are amended to read: 
A.  Give or offer to give a political contribution to an individual to vote or refrain 
from voting or to vote for or against any candidate or measure in any partisan election 
or direct initiative of legislation, people's veto referendum or other statewide 
referendum; 
B.  Solicit, accept or receive a political contribution to vote or refrain from voting or 
to vote for or against any candidate or measure in any partisan election or direct 
initiative of legislation, people's veto referendum or other statewide referendum; 
Sec. 4.  5 MRSA §7056-A, sub-§§3 and 7, as enacted by PL 1997, c. 498, §6, 
are amended to read: 
3.  Political activity.  An officer or employee in the classified service or an employee 
from the executive branch in the unclassified service of this State may not engage in 
political activity: 
A.  When the employee is on duty; 
B.  In state-owned or leased work space occupied in the discharge of official duties or 
by using the facilities or services of the State; or 
C.  When wearing a uniform or official insignia identifying the office or position of 
the employee or while using a vehicle owned or leased by the State or its agencies. 
As used in this subsection, "political activity" means to advocate expressly for the 
election or defeat of any candidate for a federal office, a constitutional office or any 
candidate for partisan elective municipal, county or state office, including leadership 
positions in the Senate and the House of Representatives or, to solicit contributions 
reportable under Title 21-A, chapter 13 or to advocate for or against the passage or defeat 
of a direct initiative of legislation, a people's veto referendum or other statewide 
referendum. 
7.  Exemption of official duties.  This section may not be construed to apply to any 
actions taken in order to carry out the duties and responsibilities of an officer's or 
employee's position, including but not limited to advocacy on policy issues or legislation, 
subject to the prohibition under section 59 against an agency's making any expenditure or 
using its resources for influencing the outcome of an election or making a donation or 
contribution, whether in cash or in kind, to another person for the purpose of influencing 
the outcome of an election. 
SUMMARY 
This bill prohibits state agencies from expending public resources to influence the 
outcome of a direct initiative of legislation, a people's veto referendum or other statewide 
referendum except to provide an impartial factual summary regarding what is at issue.  It 
also extends the law governing the involvement of executive branch employees in 
elections to include direct initiatives of legislation, people's veto referenda and other 
statewide referenda.