An Act To Strengthen the Integrity of the Maine Clean Election Act by Limiting the Amount of Money Paid to Political Operatives
Maine Legislature, Session 130, LD 0981
Committee: Veterans and Legal Affairs
Sponsors: MORRIS, TIMBERLAKE, DUCHARME, GIFFORD, HARRINGTON, KINNEY, MASON, O'CONNOR
Amends: 21-A MRSA §1122, 21-A MRSA §1125

Legislative Document
No. 981
H.P. 727
House of Representatives, March 9, 2021
An Act To Strengthen the Integrity of the Maine Clean Election Act 
by Limiting the Amount of Money Paid to Political Operatives
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MORRIS of Turner.
Cosponsored by Senator TIMBERLAKE of Androscoggin and
Representatives: DUCHARME of Madison, GIFFORD of Lincoln, HARRINGTON of 
Sanford, KINNEY of Knox, MASON of Lisbon, O'CONNOR of Berwick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1122, sub-§1-B is enacted to read:
1-B.  Candidate's authorized political committee.  "Candidate's authorized political 
committee" means the political committee authorized by the candidate under section 
1013-A, subsection 1, paragraph B to promote the candidate's election.
Sec. 2.  21-A MRSA §1125, sub-§6-G is enacted to read:
6-G.  Expenditures for salaries and professional services.  After certification, a 
candidate and a candidate's authorized political committee may not use fund revenues to 
pay or compensate employees, consultants or other individuals for services provided to the 
campaign except as authorized by this subsection.
A.  Except as provided in paragraph C, if a certified candidate or the candidate's 
authorized political committee uses fund revenues to compensate an individual for 
services provided to the campaign, the individual must be paid on an hourly basis.  The 
treasurer shall keep an hourly log of the time worked and services provided by each 
individual who is compensated under this paragraph.
B.  Except as provided in paragraph C, a certified candidate for the State Senate and 
the candidate's authorized political committee may not use fund revenues to pay an 
individual more than $7,500 for services provided to the campaign during a single 
election cycle and a certified candidate for the State House of Representatives and the 
candidate's authorized political committee may not use fund revenues to pay an 
individual more than $2,500 for services provided to the campaign during a single 
election cycle.
C.  A certified candidate and the candidate's authorized political committee may use 
fund revenues to pay an individual on a salary or consulting fee basis for professional 
marketing services.  Salaries and consulting fees paid pursuant to this paragraph are 
not subject to the restrictions in paragraph B.  For purposes of this paragraph, 
"professional marketing services" include, but are not limited to, audio, video and 
graphic advertising production services.
Sec. 3.  21-A MRSA §1125, sub-§12, as amended by PL 2013, c. 334, §33, is 
further amended to read:
12.  Reporting; unspent revenue.  Notwithstanding any other provision of law, the 
treasurer or deputy treasurer of participating and certified candidates shall report any 
money collected, all campaign expenditures, obligations, refunds received by a candidate 
or agent of that candidate, hourly logs of time worked by each individual paid for services 
provided to the campaign as described in subsection 6-G, paragraph A and related activities 
to the commission according to procedures developed by the commission.  If a certified 
candidate pays fund revenues to a member of the candidate's immediate family or 
household or a business or nonprofit entity affiliated with a member of the candidate's 
immediate family or household, the treasurer or deputy treasurer must disclose the 
candidate's relationship to the payee in a manner prescribed by the commission.  In 
developing these procedures, the commission shall utilize existing campaign reporting 
procedures whenever practicable.  The commission shall ensure timely public access to 
campaign finance data and may utilize electronic means of reporting and storing 
information.  Upon the filing of a final report for any primary election in which the 
candidate was defeated and for all general elections, that candidate shall return all unspent 
fund revenues to the commission.  If the candidate or agent of the candidate receives a 
refund of an expenditure made for the campaign after filing the final report, the candidate 
shall return those funds to the fund within 14 days of receiving the refund.
Sec. 4.  21-A MRSA §1125, sub-§12-A, ¶E, as amended by PL 2013, c. 334, §34, 
is further amended to read:
E.  A contemporaneous document such as an invoice, contract or timesheet hourly time 
log that specifies in detail the services provided by a vendor each individual who was 
paid in excess of $500 for the election cycle pursuant to subsection 6-G, paragraph A 
for providing campaign staff or consulting services to a candidate the campaign, a 
contemporaneous document such as an invoice or contract that specifies in detail the 
compensation paid to and provided by an individual pursuant to subsection 6-G, 
paragraph C for providing professional marketing services to the campaign and a 
contemporaneous document such as an invoice or contract that specifies in detail the 
services provided by each person who is not an individual and who was paid in excess 
of $500 for the election cycle for providing services to the campaign.
SUMMARY
This bill provides that an individual who provides services to the campaign of a 
certified candidate under the Maine Clean Election Act must be paid on an hourly basis.  
The treasurer of the campaign must maintain a record of the time worked and campaign 
services provided by each individual, to be submitted to the Commission on Governmental 
Ethics and Election Practices as part of the certified candidate's campaign finance reports.  
A certified candidate for the State Senate may not pay an individual more than $7,500 for 
services provided to the campaign and a certified candidate for the State House of 
Representatives may not pay an individual more than $2,500 for services provided to the 
campaign.  Individuals who provide professional marketing services, including audio, 
video and graphic advertising production services, need not be paid on an hourly basis and 
are not subject to the salary cap established in the bill.