An Act To Amend the Laws Governing Political Action Committees
Maine Legislature, Session 129, LD 0361
Committee: Veterans and Legal Affairs
Sponsors: CHENETTE, SYLVESTER, CHIPMAN, ACKLEY, MAXMIN
Amends: 21-A MRSA §1006, 21-A MRSA §1125

Legislative Document
No. 361
S.P. 101
In Senate, January 24, 2019
An Act To Amend the Laws Governing Political Action Committees
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHENETTE of York.
Cosponsored by Representative SYLVESTER of Portland and
Senator: CHIPMAN of Cumberland, Representatives: ACKLEY of Monmouth, MAXMIN of 
Nobleboro.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1006 is enacted to read:
§1006.  Participation in political action committees by legislative candidates
1.  Establishing a political action committee prohibited.  A legislative candidate 
may not establish a political action committee for which the candidate is a treasurer or 
principal officer or for which the candidate is primarily responsible for fund-raising or 
decision making.  This prohibition applies between April 1st immediately preceding a 
general election through:
A.  The date on which the candidate withdraws from a race;
B.  The date of the primary election or general election for a candidate who loses 
either election; or
C.  January 1st immediately preceding the next general election for a candidate who 
wins the general election.
This prohibition also applies to a legislative candidate in a special election, except that 
the prohibition begins on the date of the candidate's nomination.  This subsection does not 
prohibit a legislative candidate, including a legislative candidate who wins a general or 
special election, from engaging in fund-raising or decision making for a party caucus 
political action committee, a ballot question committee or a political action committee 
formed for the purpose of promoting or opposing a ballot question.  This prohibition 
applies to a legislative candidate regardless of the date on which the political action 
committee was established.
Sec. 2.  21-A MRSA §1125, sub-§6-F, as enacted by PL 2015, c. 116, §1 and 
affected by §2, is amended to read:
6-F.  Gubernatorial candidate participation in political action committees.  A 
participating gubernatorial candidate or a certified gubernatorial candidate may not 
establish a political action committee for which the gubernatorial candidate is a treasurer 
or principal officer or for which the gubernatorial candidate is primarily responsible for 
fund-raising or decision making.  This prohibition applies between April 1st immediately 
preceding a general election through:
A.  The date on which the gubernatorial candidate withdraws from a race;
B.  The date of the primary election or general election for a gubernatorial candidate 
who loses either election; or
C.  January 1st immediately preceding the next general election for a gubernatorial 
candidate who wins the general election.
This prohibition also applies to a participating gubernatorial candidate or certified 
gubernatorial candidate in a special election, except that the prohibition begins on the 
date of the gubernatorial candidate's nomination.  This subsection does not prohibit a 
participating gubernatorial candidate or certified gubernatorial candidate, including a 
certified gubernatorial candidate who wins a general or special election, from engaging in 
fund-raising or decision making for a party caucus political action committee, a ballot 
question committee or a political action committee formed for the purpose of promoting 
or opposing a ballot question.  This prohibition applies to a participating gubernatorial 
candidate or certified gubernatorial candidate regardless of the date on which the political 
action committee was established.
SUMMARY
This bill prohibits a legislative candidate from establishing a political action 
committee for which the candidate is a treasurer or principal officer or for which the 
candidate is primarily responsible for fund-raising or decision making.  The bill also 
makes a change to a provision under the Maine Clean Election Act, which includes the 
same prohibition, to specify that the prohibition in that Act applies only to participating 
gubernatorial candidates and certified gubernatorial candidates.