An Act To Modify the Financial Disclosure Requirements for a Governor-elect
Maine Legislature, Session 129, LD 1871
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 1 MRSA §1051

Legislative Document
No. 1871
S.P. 643
In Senate, December 23, 2019
An Act To Modify the Financial Disclosure Requirements for a 
Governor-elect
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 203.
Received by the Secretary of the Senate on December 19, 2019.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §1051, as enacted by IB 2015, c. 1, §1, is amended to read:
§1051.  Gubernatorial transition committee
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, 
the following terms have the following meanings. 
A.  "Commission" means the Commission on Governmental Ethics and Election 
Practices.
B.  "Election cycle" means the period beginning on the day after the general election 
for any state, county or municipal office and ending on the day of the next general 
election for that office.
C.  "Governor-elect" means the candidate for the office of Governor elected at the 
most recent general election.
2.  Transition and inaugural activities; funding.  A person may solicit and accept 
donations for the purpose of financing costs related to the transition to office and 
inauguration of a new Governor Governor-elect.  A person who accepts donations for 
these purposes must establish a committee and appoint a treasurer who is responsible for 
keeping records of donations and for filing a financial disclosure statement required by 
this section.  All donations received must be deposited in a separate and segregated 
account and may not be commingled with any contributions received by any candidate or 
political committee or any personal or business funds of any person.  An individual who 
has served as a treasurer of any candidate committee or political action committee in the 
same election cycle may not serve as treasurer of a gubernatorial transition committee All 
donations received by the committee must be used for expenses related to the transition to 
office or inauguration; any surplus funds must be disposed of pursuant to subsection 7.
3.  Registration with the commission and financial disclosure statement 
statements.  A committee established pursuant to this section shall register and file a 
financial disclosure statement statements with the commission as required by this 
subsection.
A.  The committee shall register with the commission within 10 days after 
appointment of a treasurer. The registration must include the name and mailing 
addresses of the members of the committee, its treasurer and all individuals who are 
raising designated by the committee to raise funds for the committee.
B.  The financial Financial disclosure statement statements must contain the names, 
addresses, occupations and employers of all donors who have given money or 
anything of value in a total amount exceeding $50 to the committee, including in-
kind donations of goods or services, along with the amounts and dates of the 
donations.  Donors who have given donations Donations with a total value of $50 or 
less may be disclosed in the aggregate without itemization or other identification.
C.  Any outstanding loan, debt or other obligation of the committee must be disclosed 
as a donation If the committee owes a debt or loan at the end of a time period for a 
financial disclosure statement, the committee shall report the debt or loan.  If a 
creditor or lender forgives a debt or loan, the committee shall disclose the forgiven 
debt or loan as a donation.
D.  The financial Financial disclosure statement statements must identify include the 
amounts, dates, payees and purposes of all payments made by the committee during 
the statement period.
E.  An interim financial Financial disclosure statement statements must be filed by 
5:00 p.m. on January 1st 2nd and February 15th following the gubernatorial election 
and must be complete as of 10 days prior to that date.  The final financial disclosure 
statement must be filed by 5:00 p.m. on February 15th following the gubernatorial 
election and must be complete as of that date those filing deadlines.  If the committee 
has surplus funds or an unpaid debt or loan after the end of the statement period for 
the February 15th statement, the committee shall file bimonthly financial disclosure 
statements beginning on April 15th until it disposes of all surplus funds.
F.  The treasurer shall keep a detailed and exact account of all contributions made to 
the committee and all expenditures made by the committee for one year following the 
final financial disclosure statement filed by the committee.
4.  Limitation on fund-raising activity.  A committee established pursuant to this 
section may accept donations until January March 31st of the year following the 
gubernatorial election.  The commission may authorize the acceptance of donations after 
March 31st of the year following the gubernatorial election if the committee requests 
such authorization in order to pay a debt or loan related to the transition to office or 
inauguration.
5.  Prohibited donations during a legislative session.  A committee established 
pursuant to this section may not directly or indirectly solicit or accept a donation from a 
lobbyist, lobbyist associate or employer during any period of time in which the 
Legislature is convened before final adjournment.  A lobbyist, lobbyist associate or 
employer may not directly or indirectly give, offer or promise a donation to a committee 
established pursuant to this section during any period of time in which the Legislature is 
convened before final adjournment.  For purposes of this subsection, "lobbyist" has the 
same meaning as in Title 3, section 312-A, subsection 10; "lobbyist associate" has the 
same meaning as in Title 3, section 312-A, subsection 10-A; and "employer" has the 
same meaning as in Title 3, section 312-A, subsection 5.
6.  Anonymous donations.  A committee established pursuant to this section may not 
accept an anonymous donation in excess of $50.
7.  Disposing of surplus funds.  Prior to the filing of the final financial disclosure 
statement under subsection 3, paragraph E, any Any surplus funds remaining in the 
committee's account must be refunded to one or more donors, donated to a charitable 
organization that qualifies as a tax-exempt organization under 26 United States Code, 
Section 501(c)(3) or remitted to the State Treasurer.
8.  Rulemaking.  The commission may establish by routine technical rule, adopted in 
accordance with Title 5, chapter 375, subchapter 2-A, forms and procedures for ensuring 
compliance with this section.
9.  Enforcement and penalty.  The commission shall administer and enforce this 
subchapter.  A person who violates this subchapter is subject to a civil penalty not to 
exceed $10,000, payable to the State and recoverable in a civil action.  In assessing a civil 
penalty under this subsection, the commission shall consider, among other things, 
whether the committee made a bona fide effort to comply with the requirements of this 
section, whether the violation occurred as the result of an error by a vendor, consultant or 
other party outside the control of the committee and whether evidence is present that the 
committee intended to conceal or misrepresent its financial activities.
SUMMARY
The bill makes changes to the law that regulates the financial activities of a 
committee established to finance a Governor-elect's transition to office and inauguration.
1.  It requires that the committee spend all donations received for expenses related to 
the transition or inauguration.
2.  It changes the deadline for the first required financial disclosure statement from 
January 1st after the general election to January 2nd.
3.  It requires the committee to disclose in a financial disclosure statement any debt or 
loan that remains unpaid at the end of the time period for the statement and to disclose 
any debt or loan that was forgiven by the creditor or lender as a contribution.
4.  It requires the committee to file bimonthly reports beginning on April 15th if the 
committee has any surplus funds or unpaid debts or loans as of February 15th.
5.  It allows a committee to receive donations until March 31st of the year following 
the gubernatorial election and authorizes the Commission on Governmental Ethics and 
Election Practices to permit fundraising after March 31st of the year following the 
gubernatorial election if the committee requests additional time to pay a debt or loan.
6.  It directs the Commission on Governmental Ethics and Election Practices to 
consider several factors in deciding whether to assess a penalty for violations of the law.