An Act To Enact the Maine Citizens' Initiatives Clean Election Act
Maine Legislature, Session 129, LD 1583
Committee: Veterans and Legal Affairs
Sponsors: COREY, CHENETTE, ACKLEY, BABINE, COLLINGS, DOLLOFF, HANINGTON, HICKMAN, WARREN, CYRWAY
Amends: 36 MRSA §5286-A

Legislative Document
No. 1583
H.P. 1145
House of Representatives, April 16, 2019
An Act To Enact the Maine Citizens' Initiatives Clean Election Act
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COREY of Windham.
Cosponsored by Senator CHENETTE of York and
Representatives: ACKLEY of Monmouth, BABINE of Scarborough, COLLINGS of Portland, 
DOLLOFF of Rumford, HANINGTON of Lincoln, HICKMAN of Winthrop, WARREN of 
Hallowell, Senator: CYRWAY of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA c. 14-A is enacted to read:
CHAPTER 14-A
THE MAINE CITIZENS' INITIATIVES CLEAN ELECTION ACT
§1131.  Short title
This chapter may be known and cited as "the Maine Citizens' Initiatives Clean 
Election Act."
§1132.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Ballot question committee.  "Ballot question committee" means a support group, 
opposition group or competing measure group:
A.  Whose principal officers are Maine citizens, as determined by the commission by 
rule; or
B.  That is a nonprofit corporation organized in this State under Title 13-B.
2.  Certified committee.  "Certified committee" means a ballot question committee 
that is certified by the commission under this chapter.
3.  Citizens' initiative ballot question.  "Citizens' initiative ballot question" or 
"ballot question" means:
A.  A direct initiative of legislation presented to the voters pursuant to the 
Constitution of Maine, Article IV, Part Third, Section 18, subsection 2; or
B.  A people's veto presented to the voters pursuant to the Constitution of Maine, 
Article IV, Part Third, Section 17.
4.  Commission.  "Commission" means the Commission on Governmental Ethics and 
Election Practices established by Title 5, section 12004-G, subsection 33.
5.  Competing measure.  "Competing measure" means a recommendation by the 
Legislature submitted to the voters as a measure competing with a direct initiative of 
legislation pursuant to the Constitution of Maine, Article IV, Part Third, Section 18, 
subsection 2.
6.  Competing measure group.  "Competing measure group" means an organization 
supporting a competing measure.
7.  Contribution.  "Contribution" has the same meaning as in section 1012, 
subsection 2.
8.  Fund.  "Fund" means the Maine Citizens' Initiatives Clean Election Fund 
established in section 1134.
9.  In-state business.  "In-state business" means a corporation, partnership or other 
business entity that does business in this State through an office, retail space or other 
place of business located in this State, as determined in accordance with rules adopted by 
the commission.
10.  Opposition group.  "Opposition group" means an organization opposing a 
citizens' initiative ballot question.
11.  Participating committee.  "Participating committee" means a ballot question 
committee that is seeking to become a certified committee.
12.  Qualifying contribution.  "Qualifying contribution" means a donation:
A.  Of $5 in the form of a check or a money order payable to the fund and signed by 
the contributor in support of a ballot question committee or made over the Internet in 
support of a ballot question committee according to the procedure established by the 
commission;
B.  Made by a registered voter within the State whose voter registration has been 
verified according to procedures established by the commission;
C.  Made during the relevant qualifying period;
D.  That the contributor acknowledges was made with the contributor's personal 
funds and in support of the ballot question committee and was not given in exchange 
for anything of value;
E.  That the ballot question committee acknowledges was obtained with the ballot 
question committee's knowledge and approval and was not given in exchange for 
anything of value; and
F.  In the case of a ballot question committee that is a support group, that the 
contributor and ballot question committee both acknowledge was not solicited or 
made at the same time as the ballot question committee was collecting the signature 
of the contributor on the support group's petition.
13.  Qualifying period.  "Qualifying period" means the following.
A.  For a participating committee that is a support group, the qualifying period begins 
after the support group registers as a petition organization under chapter 11 but no 
sooner than 6 months prior to filing a petition under chapter 11 and ends 120 days 
after a petition has been filed under chapter 11.
B.  For a participating committee that is an opposition group or competing measure 
group, the qualifying period begins upon filing a declaration of intent with the 
commission under this chapter to become a participating committee and ends 120 
days after the petition has been filed under chapter 11.
14.  Seed money contribution.  "Seed money contribution" means a contribution by 
a resident individual or an in-state business of no more than $750 per resident individual 
or in-state business made to a participating committee.  "Seed money contribution" 
includes staff time contribution.
15.  Staff time contribution.  "Staff time contribution" means the value, as 
determined in accordance with rules adopted by the commission, of staff time or 
resources contributed to a ballot question committee promoting or opposing a citizens' 
initiative ballot question or a competing measure including:
A.  Staff time spent at public or press events;
B.  Staff time spent in direct contact with voters or potential voters;
C.  Staff travel expenses;
D.  Staff time or resources spent in preparation of promotional or other related written 
materials; and
E.  Staff time or resources spent in research or analysis.
16.  Support group.  "Support group" means an organization supporting a citizens' 
initiative ballot question that is the registered petition organization under section 903-C.
§1133.  Alternative campaign financing option
This chapter establishes an alternative campaign financing option available to ballot 
question committees.  This alternative campaign financing option is available to ballot 
question committees for ballot questions sent to referendum in 2020 or thereafter.  The 
commission shall administer this chapter and the fund.  Nothing in this chapter exempts a 
ballot question committee from complying with any other applicable laws, including 
chapter 11.
§1134.  The Maine Citizens' Initiatives Clean Election Fund established; sources of 
funding
The Maine Citizens' Initiatives Clean Election Fund is established to finance certified 
committees and to pay administrative and enforcement costs of the commission under this 
chapter.  The fund is a nonlapsing fund and any interest generated by the fund is credited 
to the fund.  The commission shall administer the fund.
1.  Sources of funding.  The following must be deposited in the fund:
A.  All qualifying contributions submitted to the commission;
B.  Three million dollars of the revenues from the taxes imposed under Title 36, Parts 
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, 2020.  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 under Title 36, section 5286-A 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 ballot question committee 
has become a certified committee;
E.  Fund revenues that remain unspent after the referendum on the ballot question;
F.  Voluntary donations made directly to the fund; and
G.  Fines collected under this chapter.
Unspent qualifying contributions received on behalf of a ballot question committee 
default to the fund if the petition for a ballot question fails to qualify for submission to the 
voters under chapter 11 or if the ballot question committee is a support group and files the 
petition for the ballot question with the Secretary of State more than 6 months after 
becoming a participating committee.
2.  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 collected for and expenditures from the 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 of ballot question 
committees under this chapter.  If the 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.
§1135.  Terms of participation
For any citizens' initiative ballot question, the commission may certify 3 ballot 
question committees, including the support group and no more than one opposition group 
and one competing measure group, under this section.  The commission by rule shall 
establish a process for selecting among  ballot question committees in the event that more 
than 3 seek certification under this section.
1.  Declaration of intent.  A ballot question committee seeking to become a 
participating committee shall file a declaration of intent to seek certification as a certified 
committee and to comply with the requirements of this chapter.  Except as otherwise 
provided by rule by the commission, the declaration of intent must be filed with the 
commission prior to the qualifying period on forms and in accordance with procedures 
developed by the commission.  The declaration of intent must include the clearly stated 
mission of the ballot question committee with respect to whether it is supporting or 
opposing a ballot question or supporting a competing measure. 
2.  Special limits for petition support groups.  A ballot question committee that is a 
support group that wishes to participate under this chapter:
A.  May not accept contributions or make expenditures exceeding in total more than 
$100,000 or accept contributions from any entity other than a resident individual or 
an in-state business with respect to an effort to collect signatures for the ballot 
question the support group will support and may not receive or accept a contribution 
of more than $750 from any one resident individual or in-state business with respect 
to funding that effort.  Staff time contributions are considered contributions under this 
subsection.  Staff time contributions may not exceed 20% of the total contributions.  
The limits imposed under this paragraph are in addition to all other limits imposed 
under this section; and
B.  May not support or be involved in collecting signatures for more than one ballot 
question.
3.  Contribution limits for participating committees.  Prior to certification, a 
participating committee may not accept contributions, except for seed money 
contributions.  A participating committee may accept no more than $100,000 in seed 
money contributions, including the value of staff time contributions.
4.  Seed money restrictions.  To be eligible for certification, a participating 
committee may collect and spend only seed money contributions subsequent to becoming 
a participating committee and prior to certification.  A participating committee may not 
solicit, accept or collect seed money contributions after certification.
A.  All goods and services received by a participating committee 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.  A participating committee may not use fund revenues received after 
certification to pay for goods and services received prior to certification.
B.  Prior to certification, a participating committee may obligate an amount greater 
than the seed money collected, but may receive only that portion of goods and 
services that has been paid for or will be paid for with seed money.  A participating 
committee that 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 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 committee shall file a report of all 
seed money contributions and expenditures.  If the committee is certified, any 
unspent seed money must be deducted from the amount distributed under subsection 
to the committee.
5.  Qualifying contributions.  Participating committees shall obtain qualifying 
contributions during the qualifying period in accordance with the following requirements.
A.  At least 2,500 verified registered voters of this State must support the 
participating committee by providing a qualifying contribution to that committee.  Of 
these, at least 1,250 must be verified registered voters in the State's First 
Congressional District and at least 1,250 must be verified registered voters in the 
State's Second Congressional District.
B.  A payment, gift or anything of value may not be given in exchange for a 
qualifying contribution.  A participating committee may pay the fee for a money 
order that is a qualifying contribution in the amount of $5 as long as the donor 
making the qualifying contribution pays the $5 amount reflected on the money order.  
Any money order fees paid by a participating committee must be paid for with seed 
money and reported in accordance with commission rules.  A money order must be 
signed by the contributor to be a valid qualifying contribution.
C.  The commission may establish by rule a procedure for a qualifying contribution to 
be made by a credit or debit transaction and by electronic funds transfer over the 
Internet. Records containing information provided by individuals who have made 
qualifying contributions over the Internet are confidential and may not be disclosed 
by the commission, except for the name of the individual making the contribution, the 
date of the contribution, the individual's residential address and the name of the 
committee in whose support the contribution was made.
D.  A participating committee or an agent of the participating committee may not 
misrepresent the purpose of soliciting qualifying contributions and obtaining the 
contributor's signed acknowledgement.
6.  Filing with commission.  A participating committee shall submit qualifying 
contributions, receipt and acknowledgement forms, proof of verification of voter 
registration and a seed money report to the commission during the qualifying period 
according to procedures developed by the commission.
7.  Certification of committees.  Upon receipt of a final submittal of qualifying 
contributions by a participating committee, the executive director of the commission shall 
determine whether the committee has:
A.  Met all the requirements for participation under this chapter, including signing 
and filing a declaration of intent to participate under this chapter and submitting the 
appropriate numbers of valid qualifying contributions;
B.  Not violated the provisions of this chapter or chapter 11; and
C.  Not failed to pay any civil penalty assessed by the commission under this Title, 
except that a committee has 3 business days from the date of the request for 
certification to pay an outstanding penalty and remain eligible for certification.
The executive director shall certify a participating committee complying with the 
requirements of this section as a certified committee as soon as possible and no later than 
business days after the committee's final submittal of qualifying contributions and other 
supporting documents required under this section.  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 participating committee regarding the anticipated 
schedule for conclusion of the investigation.  A participating committee or other 
interested person may appeal the decision of the executive director to the members of the 
commission in accordance with section 1143.
8.  Restrictions on contributions and expenditures for certified committees.  A 
certified committee shall limit the committee's campaign expenditures and obligations, 
including outstanding obligations, to the revenues distributed to the committee from the 
fund and may not accept any contributions unless specifically authorized by the 
commission.  A certified committee may also accept and spend interest earned on fund 
revenues in campaign accounts.  All revenues distributed to a certified committee from 
the fund must be used for the purposes of the committee's stated mission as provided in 
its declaration of intent.  A certified committee may not provide resources, including but 
not limited to staff resources, funds, lists of voters, campaign materials or other resources, 
to any other entity supporting or opposing the citizens' initiative ballot question.  The 
commission shall publish guidelines outlining permissible expenditures.
9.  Expenditures for television advertising.  A certified committee shall include 
closed-captioning within any television advertisement that the committee provides to a 
broadcasting or cable television station for broadcast to the public, except for an 
advertisement aired in the final 4 days before the vote on the ballot question if inclusion 
of closed-captioning during that period is impractical or would materially affect the 
timing of the committee's advertisement.
10.  Deposit into account; release of bank records.  A certified committee shall 
deposit all revenues from the fund and all seed money contributions in an account, 
referred to in this section as a "campaign account," with a bank or other financial 
institution.  The funds must be segregated from, and may not be commingled with, any 
other funds.
A.  A participating committee shall provide to the commission a signed written 
authorization allowing the bank or other financial institution administering a 
campaign account to release to the commission all records held by that bank or 
institution pertaining to the campaign account, including, but not limited to, 
campaign account statements, records of payments or transfers from the campaign 
account and deposits of funds to the campaign account.
B.  The executive director of the commission or its auditor, during an audit or during 
an investigation authorized by the commission or the chair of the commission of 
potential noncompliance with the requirements of this chapter, chapter 11 or a rule of 
the commission, may request that a ballot question committee provide the records of 
a campaign account.  If the committee fails to comply with the request within 30 days 
of receiving it, the executive director or auditor may use the authorization obtained 
pursuant to paragraph A to obtain the records directly from the bank or other 
financial institution.
11.  Distributions to certified committees.  Distributions from the fund to a certified 
committee must be made as follows.
A.  The initial distribution for the 2,500 qualifying contributions necessary to become 
certified is $600,000 per certified committee.
B.  For each increment of 240 additional qualifying contributions a certified 
committee collects and submits, $50,000 may be distributed to the committee.  
Certified committees may collect and submit additional qualifying contributions in 
accordance with rules adopted by the commission.  Any supplemental distributions 
made pursuant to this paragraph must be made within 3 business days of certification 
by the commission of the required number of additional qualifying contributions.
C.  No more than $1,000,000 may be distributed to any certified committee.
Funds may be distributed to a certified committee under this subsection by any 
mechanism that is expeditious, ensures accountability and safeguards the integrity of the 
fund.
12.  Coordination with political committees.  A certified committee may not 
cooperate or coordinate with a political action committee or a noncertified ballot question 
committee in making expenditures, except that, in accordance with rules adopted by the 
commission, a certified committee may accept in-kind contributions from a political 
action committee or a noncertified ballot question committee.
§1136.  Relinquishment of certification
The commission shall establish by rule procedures for return to the fund of unspent 
money distributed from the fund if a certified committee chooses to relinquish its 
certification.  As determined appropriate by the commission, the rule may include a 
requirement that all funds distributed to the certified committee be returned to the fund.
§1137.  Revocation of certification
1.  Revocation; standards.  The certification of a committee may be revoked at any 
time if the commission determines that the certified committee or an agent of the 
committee:
A.  Did not submit the required number of valid qualifying contributions or failed to 
qualify as a certified committee for any other reason;
B.  Submitted fraudulent qualifying contributions, including but not limited to 
qualifying contributions that were not made by the named contributors;
C.  Misrepresented to a contributor the purpose of the qualifying contribution or the 
purpose of the contributor's signature on the receipt and acknowledgement form;
D.  Knowingly made a false statement or material misrepresentation in any report or 
other document required to be filed under this chapter or chapter 11; or
E.  Otherwise substantially violated any provision of this chapter or chapter 11.
2.  Process.  The determination to revoke the certification of a committee must be 
made by a vote of the members of the commission after an opportunity for a hearing.  A 
committee whose certification is revoked shall return all unspent funds to the commission 
within 3 days of the commission's decision and may be required to return all funds 
distributed to the committee.
§1138.  Reporting; unspent revenue
Notwithstanding any other provision of law, the treasurer or deputy treasurer of a 
participating committee or certified committee shall report any money collected, all 
expenditures and obligations of and refunds received by that committee or agent of that 
committee and related activities to the commission according to procedures developed by 
the commission.  In developing these procedures, the commission shall use existing 
campaign reporting procedures whenever practicable.  The commission shall ensure 
timely public access to finance data and may use electronic means of reporting and 
storing information.  Upon the filing of a final report, the committee shall return to the 
fund all unspent money received from the fund.  If the committee or agent of the 
committee receives a refund of an expenditure made for the committee after filing the 
final report, the committee shall return those funds to the fund within 14 days of receiving 
the refund.
§1139.  Required records
1.  Record keeping.  A certified committee shall obtain and keep:
A.  Bank or other account statements covering the duration of the campaign;
B.  A vendor invoice stating the particular goods or services purchased for every 
expenditure in excess of $50;
C.  A record proving that a vendor received payment for every expenditure in excess 
of $50 in the form of a cancelled check, cash receipt from the vendor or bank or 
credit card statement identifying the vendor as the payee; and
D.  A contemporaneous document, such as an invoice, contract or timesheet, that 
specifies in detail the services provided by a vendor who was paid in excess of $500 
for providing staff or consulting services to a committee.
2.  Period of retention and submission.  A certified committee shall preserve 
records for 3 years following the committee's final finance report.  The committee shall 
submit photocopies of the records to the commission upon its request.
§1140.  Audit requirements
The commission shall audit the activities of certified committees to verify compliance 
with applicable laws and rules and the mission of the committee.  Within one month of a 
participating committee's filing a declaration of intent to become a certified committee, 
the committee's treasurer and any other relevant staff shall meet with the staff of the 
commission to discuss audit standards, expenditure guidelines and record-keeping 
requirements.
§1141.  Financial report filings; liability
1.  Filing.  A certified committee may enter financial transactions in an electronic 
reporting system or on paper forms of the commission.  The treasurer of a certified 
committee shall file all finance reports required by this chapter and commission rules, 
unless the treasurer delegates the filing of reports to the deputy treasurer designated on 
the committee's certification.
2.  Responsibility and liability.  The certified committee's treasurer is jointly 
responsible with the certified committee for ensuring that the campaign keeps all records 
required by this chapter and commission rules.  If the deputy treasurer files reports for the 
campaign, the deputy treasurer is jointly responsible with the treasurer and the committee 
for ensuring that the campaign keeps all records required by this chapter and commission 
rules.  The treasurer and, if designated, the deputy treasurer are jointly and severally 
liable with the committee for any penalties related to violations of this chapter or rules 
adopted under this chapter relating to financial record keeping and reporting.
§1142.  Distributions not to exceed amount in fund
The commission may not distribute revenues to certified committees in excess of the 
total amount of money deposited in the fund.  Notwithstanding any other provisions of 
this chapter, if the commission determines that the revenues in the fund are insufficient to 
meet distributions under this chapter, the commission may permit certified committees to 
accept and spend contributions, reduced by any seed money contributions, up to the 
applicable amounts established in rules adopted by the commission.
§1143.  Appeals 
1.  Appeal.  A ballot question committee that has been denied certification by the 
commission's executive director or an interested person who wishes to challenge a 
certification by the executive director may appeal the executive director's decision in 
accordance with the following procedures.
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, the commission shall hold a 
hearing.  The commission may extend this 5-day period in response to the request of 
the ballot question committee or a challenger upon a showing of good cause.  The 
commission shall provide adequate notice of the hearing to the committee, the 
challenger and all other participating and certified committees opposing or supporting 
the same ballot question or supporting a competing measure to the same ballot 
question.
C.  The challenger has the burden of proving that the certification decision was in 
error as a matter of law or was based on factual error.
D.  The commission shall rule on the appeal within 5 business days after the 
completion of the hearing under paragraph B.
E.  An appeal from a decision of the commission under paragraph D may be made to 
Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure 
except that that appeal must be made within 5 days of the date of the commission's 
decision and the court shall issue its written decision within 20 days of the date of the 
commission's decision.  An appeal of the decision of the Superior Court may be made 
by filing a notice of appeal to the Law Court 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.
2.  Return of funds; costs.  A ballot question committee whose certification is 
revoked on appeal shall 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.
§1144.  Commission to adopt rules
The commission shall adopt rules to implement this chapter.  Rules adopted pursuant 
to this chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A.
§1145.  Violations
1.  Civil fine.  In addition to any other penalties that may be applicable, a person or 
ballot question committee that violates any provision of this chapter or rules of the 
commission adopted pursuant to this chapter is subject to an administrative fine not to 
exceed $10,000 per violation payable to the fund.  In addition to any fine, for good cause 
shown, a ballot question committee, treasurer, consultant or other agent of the ballot 
question committee found in violation of this chapter or rules of the commission may be 
required to return to the fund all amounts distributed to the committee from the fund or 
any funds not expended.  If the commission, after notice and hearing, makes a 
determination that a violation of this chapter or rules of the commission has occurred, the 
commission shall assess a fine or transmit the finding to the Attorney General for 
prosecution under subsection 2.  A final determination by the commission may be 
appealed to Superior Court in accordance with Title 5, chapter 375, subchapter 7 and the 
Maine Rules of Civil Procedure, Rule 80C.  Fines assessed or orders for return of funds 
issued by the commission pursuant to this subsection that are not paid in full within 30 
days after issuance of a notice of the final determination may be enforced in accordance 
with section 1004-B.  Fines paid under this section must be deposited in the fund.  In 
determining whether or not a ballot question committee is in violation of the expenditure 
limits of this chapter, the commission may consider as a mitigating factor any 
circumstances out of the ballot question committee's control.
2.  Class E crime.  A person who intentionally or knowingly violates this chapter or 
rules of the commission adopted pursuant to this chapter or who intentionally or 
knowingly makes a false statement in any report required by this chapter commits a Class 
E crime, and the ballot question committee for whom the person was acting may be 
required to return to the fund all amounts distributed to the ballot question committee.
§1146.  Study report
By March 15, 2021 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 fund and the 
administration, implementation and enforcement of this chapter.
Sec. 2.  36 MRSA §5286-A is enacted to read:
§5286-A.  Contribution to Maine Citizens' Initiatives Clean Election Fund; 
voluntary checkoff
1.  Designation.  Resident taxpayers may designate that $3 of their taxes be deposited 
in the Maine Citizens' Initiatives Clean Election Fund in accordance with Title 21-A, 
section 1134.
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 Citizens' 
Initiatives Clean Election Fund.
3.  Transfer of funds.  The State Tax Assessor shall transfer funds from the General 
Fund in accordance with Title 21-A, section 1134.
SUMMARY
This bill establishes the Maine Citizens' Initiatives Clean Election Act.  It provides a 
public financing mechanism for committees that are Maine-chartered nonprofits or 
groups whose principal officers are Maine citizens and are formed to support or oppose a 
direct initiative of legislation or a people's veto or to support a competing measure to a 
direct initiative of legislation.  The funding process is similar to that provided for clean 
election candidates under the Maine Revised Statutes, Title 21-A, chapter 14.  It provides 
for limits on the amount of funds that committees seeking public funding may raise and 
spend prior to qualifying for public funding and the amount of qualifying contributions 
that a committee must raise to be certified to receive public funding, and it establishes the 
amounts that certified committees may receive.  It also establishes procedures governing 
financial reporting and accounting, appeals of decisions, penalties for violations and other 
procedural matters to ensure the integrity of the process.  In addition to other available 
funds, including qualifying contributions raised by committees and voluntary 
contributions through a tax checkoff program, funding for certified committees is 
provided by an annual appropriation of $3,000,000.