An Act To Amend the Maine Clean Election Act and Related Laws
Maine Legislature, Session 130, LD 1284
Committee: Veterans and Legal Affairs
Sponsors: STETKIS
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 §5286

Legislative Document
No. 1284
H.P. 944
House of Representatives, March 29, 2021
An Act To Amend the Maine Clean Election Act and Related Laws
Received by the Clerk of the House on March 25, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative STETKIS of Canaan.
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 Publicly Financed Election Act and the Maine Clean Election Fund;
Sec. 2.  1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is amended to 
read:
5.  Maine Clean Publicly Financed Election Act and Maine Clean Publicly 
Financed Election Fund.  To administer and ensure the effective implementation of the 
Maine Clean Publicly Financed Election Act and the Maine Clean Publicly Financed 
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 PL 2019, c. 323, §17, is 
further amended to read:
4.  Report required; content; rules.  A person, party committee or political action 
committee that makes any aggregate independent expenditure expenditures 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 or the 
municipal clerk 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 party committee or political action committee 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 party committees or political 
action committees 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 c. 14, headnote is amended to read:
CHAPTER 14
THE MAINE CLEAN PUBLICLY FINANCED ELECTION ACT
Sec. 9.  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 Publicly Financed Election 
Act."
Sec. 10.  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 who chooses to participate in the Maine 
Clean Publicly Financed Election Act and who is certified as a Maine Clean Publicly 
Financed Election Act candidate under section 1125, subsection 5.
Sec. 11.  21-A MRSA §1122, sub-§4, as enacted by IB 1995, c. 1, §17, is amended 
to read:
4.  Fund.  "Fund" means the Maine Clean Publicly Financed Election Fund established 
in section 1124.
Sec. 12.  21-A MRSA §1122, sub-§5, as enacted by IB 1995, c. 1, §17, is amended 
to read:
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 Publicly Financed Election Act candidate under section 1125, 
subsection 5.
Sec. 13.  21-A MRSA §1122, sub-§6, as enacted by IB 1995, c. 1, §17, is amended 
to read:
6.  Participating candidate.  "Participating candidate" means a candidate who is 
running for Governor, State Senator or State Representative who is seeking to be certified 
as a Maine Clean Publicly Financed Election Act candidate under section 1125, subsection 
5.
Sec. 14.  21-A MRSA §1122, sub-§8, ¶A, as amended by PL 2009, c. 363, §1, is 
repealed.
Sec. 15.  21-A MRSA §1122, sub-§9, as amended by PL 2007, c. 571, §10, is 
repealed and the following enacted in its place:
9.  Seed money contribution.  "Seed money contribution" means a contribution to a 
participating candidate of no more than $100 per individual, including the participating 
candidate or the candidate's spouse or domestic partner, made by a registered voter in the 
electoral division for the office the candidate is seeking and whose voter registration has 
been verified according to procedures established by the commission.
Sec. 16.  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 Election Act Participating candidates and certified 
candidates must comply with the applicable provisions of this chapter and must also 
comply with all other applicable election and campaign laws and regulations.
Sec. 17.  21-A MRSA §1124, as amended by IB 2015, c. 1, §14, is further amended 
to read:
§1124.  The Maine Clean Publicly Financed Election Fund established; sources of 
funding
1.  Established.  The Maine Clean Publicly Financed Election Fund is established to 
finance the 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 Publicly Financed 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 certified 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. 18.  21-A MRSA §1125, sub-§1, as amended by PL 2019, c. 323, §27, is 
further amended to read:
1.  Declaration of intent.  A participating candidate shall 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 requirements in subsection 3 or 3‑A.
Sec. 19.  21-A MRSA §1125, sub-§2, as amended by IB 2015, c. 1, §15, is further 
amended to read:
2.  Contribution limits for participating candidates.  Subsequent to becoming a 
candidate as defined by section 1, subsection 5 and prior to certification under subsection 
5, a participating candidate may not accept contributions, except for seed money 
contributions.  A participating candidate must limit the candidate's total seed money 
contributions to the following amounts:
A.  Two hundred thousand dollars for a gubernatorial candidate;
B.  Three thousand dollars for a candidate for the State Senate; or
C.  One thousand dollars for a candidate for the State House of Representatives.
The commission may, by rule, revise these amounts to ensure the effective implementation 
of this chapter.
Sec. 20.  21-A MRSA §1125, sub-§2-A, as amended by PL 2019, c. 323, §28, is 
further amended to read:
2-A.  Seed money restrictions.  To be eligible for certification under subsection 5, a 
participating candidate may collect and spend only seed money contributions made by a 
registered voter in the electoral division for the office the candidate is seeking subsequent 
to becoming a candidate and prior to certification.  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 under subsection 5 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 certified candidate to use fund revenues received after 
certification to pay for goods and services received prior to certification under 
subsection 5.
B.  Prior to certification under subsection 5, 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 
contributions.  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 under subsection 5, a participating candidate shall file 
a report of all seed money contributions and expenditures.  The report must include the 
information required by the commission by rule, verifying that each seed money 
contribution was made by a registered voter in the electoral division for the office the 
candidate is seeking and whose voter registration has been verified according to 
procedures established by the commission.  If the candidate is certified, any unspent 
seed money contributions will be deducted from the amount distributed to the candidate 
as provided in subsection subsections 8-C, 8-D and 8‑F.
Sec. 21.  21-A MRSA §1125, sub-§3, ¶D, as enacted by PL 2019, c. 323, §29, is 
amended by repealing subparagraph (1).
Sec. 22.  21-A MRSA §1125, sub-§3-A, as amended by PL 2019, c. 323, §30, is 
repealed.
Sec. 23.  21-A MRSA §1125, sub-§5, as amended by IB 2015, c. 1, §20, is further 
amended to read:
5.  Certification of Maine Clean Publicly Financed Election Act 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 who satisfies the 
requirements of this section as a Maine Clean Publicly Financed Election Act candidate as 
soon as possible but no later than 3 days 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. 24.  21-A MRSA §1125, sub-§5-A, ¶I, as enacted by PL 2009, c. 363, §6, is 
amended to read:
I.  As a gubernatorial candidate, failed Failed to properly report seed money 
contributions as required by this section.
Sec. 25.  21-A MRSA §1125, sub-§6, as amended by PL 2017, c. 31, §1, is further 
amended to read:
6.  Restrictions on contributions and expenditures for certified candidates.  After 
certification, a  A certified candidate must limit the candidate's campaign expenditures and 
obligations, including outstanding obligations, to the revenues distributed to the candidate 
from the fund and may not accept any contributions unless specifically authorized by the 
commission.  Candidates Certified candidates may also accept and spend interest earned 
on fund revenues in campaign bank accounts.  All revenues distributed to a certified 
candidate from the fund must be used for campaign-related purposes. The certified 
candidate, the treasurer, the candidate's committee authorized pursuant to section 1013‑A, 
subsection 1 or any agent of the candidate and committee may not use these revenues for 
any but campaign-related purposes.  The certified candidate, the treasurer, the candidate's 
committee authorized pursuant to section 1013‑A, subsection 1 or any agent of the 
candidate and committee may not use these revenues for post-election parties.  This section 
does not prohibit a certified candidate from using personal funds for post-election parties 
as governed by rules of the commission.  The commission shall publish guidelines outlining 
permissible campaign-related expenditures.
Sec. 26.  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-C, 
8-D and 8-F in the following manner.
A.  Within 3 days after certification under subsection 5, 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 under subsection 5, 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. 27.  21-A MRSA §1125, sub-§7-B, as enacted by IB 2015, c. 1, §23, is 
repealed.
Sec. 28.  21-A MRSA §1125, sub-§8-B, as enacted by IB 2015, c. 1, §25, is 
repealed.
Sec. 29.  21-A MRSA §1125, sub-§8-C, as enacted by IB 2015, c. 1, §25, is 
amended to read:
8-C.  Distributions to participating certified candidates for State Senate.  
Distributions from the fund to participating certified candidates for the State Senate must 
be made as follows.
A.  For an uncontested primary election, the total distribution of revenues is $2,000 per 
candidate.
B.  For a contested primary election, the total distribution of revenues is $10,000 $7,500 
per candidate.
C.  For an uncontested general election, the total distribution of revenues is $6,000 
$7,000 per candidate.
D.  For a contested general election, the amount total distribution of revenues 
distributed is as follows: is $21,500 per candidate.
(1)  The initial distribution of revenues is $20,000 per candidate;
(2)  For each increment of 45 additional qualifying contributions a candidate 
collects and submits pursuant to subsection 8‑E, not to exceed a total of 360 
additional qualifying contributions, the supplemental distribution of revenues to 
that candidate is $5,000; and
(3)  The total amount of revenues distributed for a contested general election may 
not exceed $60,000 per candidate.
Sec. 30.  21-A MRSA §1125, sub-§8-D, as enacted by IB 2015, c. 1, §25, is 
amended to read:
8-D.  Distributions to participating certified candidates for State House of 
Representatives.  Distributions from the fund to participating certified candidates for the 
State House of Representatives must be made as follows.
A.  For an uncontested primary election, the total distribution of revenues is $500 per 
candidate.
B.  For a contested primary election, the total distribution of revenues is $2,500 $1,500 
per candidate.
C.  For an uncontested general election, the total distribution of revenues is $1,500 per 
candidate.
D.  For a contested general election, the amount total distribution of revenues 
distributed is as follows: is $4,500 per candidate.
(1)  The initial distribution of revenues is $5,000 per candidate;
(2)  For each increment of 15 additional qualifying contributions a candidate 
collects and submits pursuant to subsection 8‑E, not to exceed a total of 120 
additional qualifying contributions, the supplemental distribution of revenues to 
that candidate is $1,250; and
(3)  The total amount of revenues distributed for a contested general election may 
not exceed $15,000 per candidate.
Sec. 31.  21-A MRSA §1125, sub-§8-E, as amended by PL 2019, c. 323, §33, is 
repealed.
Sec. 32.  21-A MRSA §1125, sub-§8-F, as enacted by IB 2015, c. 1, §25, is 
amended to read:
8-F.  Amount Adjustment of distributions distribution amounts.  On December 1st 
of each even-numbered year the commission shall review and adjust maintain, increase or 
decrease the distribution amounts in subsections 8-B to 8-C and 8-D based on the Consumer 
Price Index as reported by the United States Department of Labor, Bureau of Labor 
Statistics.  If an adjustment is warranted by the Consumer Price Index, the distribution 
amounts must be adjusted, rounded to the nearest amount divisible by $25.  When making 
adjustments under this subsection, the commission may not change the number of 
qualifying contributions or additional qualifying contributions required to trigger an initial 
distribution or an increment of supplemental distribution required by subsection 3, 
paragraph D.  The commission shall post information about the distribution amounts 
including the date of any adjustment on its publicly accessible website and include this 
information with any publication to be used as a guide for candidates.
Sec. 33.  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 under subsection 5 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.  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.  Revenues for the 
general election must be distributed to the candidate for Governor as specified in subsection 
7.
Sec. 34.  21-A MRSA §1125, sub-§12-B, as enacted by PL 2007, c. 443, Pt. B, §6, 
is repealed.
Sec. 35.  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. 36.  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 may not be limited to procedures for obtaining qualifying 
contributions, certification as a Maine Clean Publicly Financed Election Act candidate, 
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 election funds fund revenues 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. 37.  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 Publicly 
Financed Election Act candidate under section 1125, subsection 5, must return to the fund 
all amounts distributed to the candidate.
Sec. 38.  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. 39.  36 MRSA §5286, as enacted by IB 1995, c. 1, §18, is amended to read:
§5286.  Contribution to Maine Clean Publicly Financed Election Fund; voluntary 
checkoff
1.  Designation.  Resident taxpayers may designate that $3 of their taxes be deposited 
in the Maine Clean Publicly Financed Election Fund in accordance with 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 
Publicly Financed 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.
SUMMARY
This bill makes the following changes to the Maine Clean Election Act and other 
campaign finance laws.
1.  It changes the title of the Maine Clean Election Act to the Maine Publicly Financed 
Election Act and the name of the Maine Clean Election Fund to the Maine Publicly 
Financed Election Fund.
2.  It changes from $3,000,000 to $2,000,000 the amount of tax revenue required to be 
deposited in the fund by the State Controller each year.
3. It eliminates the ability of gubernatorial candidates to receive funding under the 
Maine Publicly Financed Election Act.
4. It restricts candidates seeking to participate in the Maine Publicly Financed Election 
Act to collecting seed money contributions from registered voters in the electoral division 
for the office a candidate is seeking.
5. It changes the distribution amounts for certified Maine Publicly Financed Election 
Act candidates to match the distribution amounts, rounded to the nearest $500, established 
by the Commission on Governmental Ethics and Election Practices for certified Maine 
Clean Election Act candidates in 2014.  It clarifies the commission’s authority to maintain, 
increase or reduce the amount of fund distributions every 2 years based on changes to the 
Consumer Price Index.
6.  It eliminates the ability of certified Maine Publicly Financed Election Act candidates 
to obtain supplemental fund distributions by collecting additional qualifying contributions.
7. It removes a provision of the campaign finance laws requiring that communications 
that are financed by independent expenditures include a conspicuous statement listing the 
top 3 funders of the entity making the independent expenditure.
8. It specifies that only party committees and political action committees, and not 
individuals, are required to file reports with the commission of independent expenditures 
aggregating in excess of $250 during any one candidate’s election.