An Act To Amend the Maine Clean Election Act and Related Laws
Maine Legislature, Session 128, LD 1397
Committee: Veterans and Legal Affairs
Sponsors: STETKIS, VOLK, FOLEY, HANINGTON, HARRINGTON, PICKETT, PIERCE, POULIOT, STROM, WHITE
Amends: 1 MRSA §1008, 21-A MRSA §153-A, 21-A MRSA §1004-B, 21-A MRSA §1013-A, 21-A MRSA §1014, 21-A MRSA §1019-B, 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 §199-E, 36 MRSA §5286

Legislative Document
No. 1397
H.P. 971
House of Representatives, April 11, 2017
An Act To Amend the Maine Clean Election Act and Related Laws
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STETKIS of Canaan.
Cosponsored by Senator VOLK of Cumberland and
Representatives: FOLEY of Wells, HANINGTON of Lincoln, HARRINGTON of Sanford, 
PICKETT of Dixfield, PIERCE of Dresden, POULIOT of Augusta, STROM of Pittsfield, 
WHITE of Washburn.
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 Publicly Financed Election Act and election fund.  To administer and 
ensure the effective implementation of the Maine Clean Publicly Financed Election Act 
and the Maine Clean Election Fund election 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 Publicly Financed Election Act forms 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 Publicly Financed Election Act funds 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 Publicly Financed Election 
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 
Publicly Financed Election 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 
Publicly Financed Election 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 Publicly Financed Election Act 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 §1014, sub-§2-B, as enacted by IB 2015, c. 1, §3, is 
repealed. 
Sec. 7.  21-A MRSA §1019-B, sub-§4, as amended by IB 2015, c. 1, §6 and PL 
2015, c. 350, §6, is further amended to read: 
4.  Report required; content; rules.  A person, party committee, political committee 
or political action committee that makes any independent expenditure in excess of $250 
during any one candidate's election shall file a report with the commission.  In the case of 
a municipal election, the report must be filed with the municipal clerk. 
A.  A report required by this subsection must be filed with the commission according 
to a reporting schedule that the commission shall establish by rule that takes into 
consideration existing campaign finance reporting requirements.  Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
B.  A report required by this subsection must contain an itemized account of each 
expenditure in excess of $250 in any one candidate's election, the date and purpose of 
each expenditure and the name of each payee or creditor.  The report must state 
whether the expenditure is in support of or in opposition to the candidate and must 
include, under penalty of perjury, as provided in Title 17-A, section 451, a statement 
under oath or affirmation whether the expenditure is made in cooperation, 
consultation or concert with, or at the request or suggestion of, the candidate or an 
authorized committee or agent of the candidate. 
C.  A report required by this subsection must be on a form prescribed and prepared by 
the commission.  A person filing this report may use additional pages if necessary, 
but the pages must be the same size as the pages of the form.  The commission may 
adopt procedures requiring the electronic filing of an independent expenditure report, 
as long as the commission receives the statement made under oath or affirmation set 
out in paragraph B by the filing deadline and the commission adopts an exception for 
persons who lack access to the required technology or the technological ability to file 
reports electronically.  The commission may adopt procedures allowing for the 
signed statement to be provisionally filed by facsimile or electronic mail, as long as 
the report is not considered complete without the filing of the original signed 
statement. 
Sec. 8.  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 "the Maine Publicly 
Financed Election Act." 
Sec. 9.  21-A MRSA §1122, sub-§1, as enacted by IB 1995, c. 1, §17, is amended 
to read: 
1.  Certified candidate.  "Certified candidate" means a candidate running for 
Governor, State Senator or State Representative for the first time who chooses to 
participate in the Maine Clean Publicly Financed Election Act and who is certified as a 
Maine Clean Election Act candidate under section 1125, subsection 5. 
Sec. 10.  21-A MRSA §1122, sub-§§4, 5 and 6, as enacted by IB 1995, c. 1, 
§17, are amended to read: 
4.  Fund.  "Fund" means the Maine Clean Election Fund election 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 Publicly Financed Election Act and who is not seeking to 
be certified as a Maine Clean Election 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 for the first time who is 
seeking to be certified as a Maine Clean Election Act candidate under section 1125, 
subsection 5. 
Sec. 11.  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 Publicly Financed Election Act must also comply with 
all other applicable election and campaign laws and regulations. 
Sec. 12.  21-A MRSA §1124, as amended by IB 2015, c. 1, §14, is further 
amended to read: 
§1124.  The election fund established; sources of funding 
1.  Established.  The Maine Clean Election Fund election fund is established to 
finance the first-time election campaigns of certified Maine Clean Election 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 Two 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 Act candidate under section 1125, subsection 5; 
E.  Fund revenues that were distributed to a Maine Clean Election Act certified 
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 Act certified 
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 Fund 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 Publicly Financed Election 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. 13.  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 Act candidate under subsection 5 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. 14.  21-A MRSA §1125, sub-§2, ¶¶B and C, as amended by IB 2015, c. 1, 
§15, are further amended to read: 
B.  Three One thousand five hundred dollars for a candidate for the State Senate; or 
C.  One thousand Five hundred dollars for a candidate for the State House of 
Representatives. 
Sec. 15.  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.  Except for seed money contributions for a 
participating candidate who is running for Governor, seed money contributions may be 
collected only from within the participating candidate's district.  A participating candidate 
may not solicit, accept or collect seed money contributions after certification as a Maine 
Clean Election Act candidate under subsection 5. 
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 Act candidate under 
subsection 5 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 8-G. 
Sec. 16.  21-A MRSA §1125, sub-§3-A, as enacted by IB 2015, c. 1, §19, is 
repealed. 
Sec. 17.  21-A MRSA §1125, sub-§5, as amended by IB 2015, c. 1, §20, is 
further amended to read: 
5.  Certification of 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. 
The executive director shall certify a candidate complying with the requirements of this 
section as a Maine Clean Election 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. 18.  21-A MRSA §1125, sub-§6-A, as amended by IB 2015, c. 1, §21, is 
further amended to read: 
6-A.  Assisting a person to become an opponent.  A candidate or a person who later 
becomes a candidate and who is seeking certification under subsection 5, or an agent of 
that candidate, may not assist another person in qualifying as a candidate for the same 
office if such a candidacy would result in the distribution of revenues under subsections 7 
and 8-F 8-G for certified candidates in a contested election. 
Sec. 19.  21-A MRSA §1125, sub-§7, as amended by IB 2015, c. 1, §22, is 
further amended to read: 
7.  Timing of initial fund distribution.  The commission shall distribute to certified 
candidates revenues from the fund in amounts determined under subsections 8-B to 8-D 
subsection 8-G in the following manner. 
A.  Within 3 days after certification, for candidates certified prior to March 15th of 
the election year, revenues from the fund must be distributed as if the candidates are 
in an uncontested primary election. 
B.  Within 3 days after certification, for all candidates certified between March 15th 
and the end of the qualifying period of the election year, revenues from the fund must 
be distributed according to whether the candidate is in a contested or uncontested 
primary election. 
B-1.  For candidates in contested primary elections receiving a distribution under 
paragraph A, additional revenues from the fund must be distributed within 3 days of 
March 15th of the election year. 
C.  No later than 3 days after the primary election results are certified, for general 
election certified candidates, revenues from the fund must be distributed according to 
whether the candidate is in a contested or uncontested general election. 
Funds may be distributed to certified candidates under this section by any mechanism that 
is expeditious, ensures accountability and safeguards the integrity of the fund. 
Sec. 20.  21-A MRSA §1125, sub-§7-B, as enacted by IB 2015, c. 1, §23, is 
repealed. 
Sec. 21.  21-A MRSA §1125, sub-§§8-B to 8-F, as enacted by IB 2015, c. 1, 
§25, are repealed. 
Sec. 22.  21-A MRSA §1125, sub-§8-G is enacted to read: 
8-G.  Amount of fund distribution.  By September 1, 2018, and at least every 2 
years after that date, the commission shall determine the amount of funds to be 
distributed to participating candidates in legislative elections based on the type of election 
and office. In making this determination, the commission may take into consideration any 
relevant information, including but not limited to: 
A.  The range of campaign spending by candidates for that office in the 2 preceding 
elections; and 
B.  The Consumer Price Index published monthly by the United States Department of 
Labor, Bureau of Labor Statistics and any other significant changes in the costs of 
campaigning such as postage or fuel. 
Before making any determination, the commission shall provide notice of the 
determination and an opportunity to comment to the President of the Senate, the Speaker 
of the House of Representatives, all floor leaders, the members of the joint standing 
committee of the Legislature having jurisdiction over legal affairs and persons who have 
expressed interest in receiving notices of opportunities to comment on the commission's 
rules and policies. The commission shall present at a public meeting the basis for the 
commission's final determination. 
For contested gubernatorial primary elections, the amount of revenues distributed is 
$400,000 per candidate in a primary election. For uncontested gubernatorial primary 
elections, the amount of revenues distributed is $200,000. For contested and uncontested 
gubernatorial general elections, the amount of revenues distributed is $600,000 per 
candidate in the general election. 
Sec. 23.  21-A MRSA §1125, sub-§10, as amended by IB 2015, c. 1, §26, is 
further amended to read: 
10.  Candidate not enrolled in a party.  An unenrolled candidate for the Legislature 
who submits the required number of qualifying contributions and other required 
documents under subsection 4 by 5:00 p.m. on April 20th preceding the primary election 
and who is certified is eligible for revenues from the fund in the same amounts and at the 
same time as an uncontested primary election candidate and a general election candidate 
as specified in subsections 7, 8-C and 8-D 8-G.   Revenues for the general election must 
be distributed to the candidate as specified in subsection 7.  An unenrolled candidate for 
Governor who submits the required number of qualifying contributions and other 
required documents under subsection 4 by 5:00 p.m. on April 1st preceding the primary 
election and who is certified is eligible for revenues from the fund in the same amounts 
and at the same time as an uncontested primary election gubernatorial candidate and a 
general election gubernatorial candidate as specified in subsections 7 and 8-B 8-G.  
Revenues for the general election must be distributed to the candidate for Governor as 
specified in subsection 7. 
Sec. 24.  21-A MRSA §1125, sub-§13-A, as amended by IB 2015, c. 1, §27, is 
further amended to read: 
13-A.  Distributions not to exceed amount in fund.  The commission may not 
distribute revenues to certified candidates in excess of the total amount of money 
deposited in the fund as set forth in section 1124.  Notwithstanding any other provisions 
of this chapter, if the commission determines that the revenues in the fund are insufficient 
to meet distributions under subsection 8-F 8-G, the commission may permit certified 
candidates to accept and spend contributions, reduced by any seed money contributions, 
aggregating no more than the applicable contribution limits established by the 
commission pursuant to section 1015, up to the applicable amounts set forth in subsection 
8-F 8-G according to rules adopted by the commission. 
Sec. 25.  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 Act candidate under subsection 5 by the commission's executive director, the 
opponent of a candidate who has been granted certification as a Maine Clean Election Act 
candidate under subsection 5 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 Act candidate under 
subsection 5 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. 26.  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 Act candidate under section 1125, 
subsection 5, 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 publicly financed election funds and compliance with the Maine 
Clean Publicly Financed Election Act.  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. 27.  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 Act candidate under section 1125, subsection 5, must return to the fund all 
amounts distributed to the candidate. 
Sec. 28.  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 Publicly Financed 
Election Act and Maine Clean Election Fund the fund. 
Sec. 29.  36 MRSA §199-E, as enacted by IB 2015, c. 1, §28, is repealed. 
Sec. 30.  36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is amended to read: 
§5286.  Contribution to election fund; voluntary checkoff 
1.  Designation.  Resident taxpayers may designate that $3 of their taxes be deposited 
in the Maine Clean Election Fund in accordance with election fund under 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 Fund election 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. 31.  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 publicly financed election 
act" and the Revisor of Statutes shall implement this revision when updating, publishing 
or republishing the statutes. 
SUMMARY 
This bill makes the following changes to the Maine Clean Election Act and other 
related laws. 
1.  It changes references to the Maine Clean Election Act to the Maine Publicly 
Financed Election Act and removes specific references to the Maine Clean Election Fund. 
2.  It changes the tax revenue amounts required to be deposited in the fund by the 
State Controller from $3,000,000 to $2,000,000.  
3.  It limits participation in the Maine Publicly Financed Election Act to first-time 
candidates for Governor, State Senator or State Representative and provides that seed 
money for participating candidates running for State Senator or State Representative may 
come only from the participating candidate's district.  It also revises seed money 
contribution limits for legislative candidates and eliminates the provision allowing 
participating candidates to collect additional qualifying contributions. 
4.  It changes funding distributions under the Maine Publicly Financed Election Act 
to require the Commission on Governmental Ethics and Election Practices to determine 
the funding amounts for legislative candidates at least every 2 years and sets a specific 
distribution for gubernatorial elections.  It also eliminates supplemental fund 
distributions. 
5.  It removes a provision requiring that communications that are independent 
expenditures include a conspicuous statement listing the top 3 funders of the entity 
making the independent expenditure. It also specifies that reports of independent 
expenditures aggregating in excess of $250 during any one candidate's election are 
required to be filed only by party committees, political committees and political action 
committees.  
6.  It removes a provision requiring the joint standing committee of the Legislature 
having jurisdiction over taxation matters to report out legislation to eliminate corporate 
tax expenditures totaling $6,000,000 per biennium.