An Act Regarding the Fair Representation of Candidate Identities
Maine Legislature, Session 130, LD 0157
Committee: Veterans and Legal Affairs
Sponsors: GROHOSKI
Amends: 21-A MRSA §1001, 21-A MRSA §1004-A, 21-A MRSA §1014-C, 21-A MRSA §1052

Legislative Document
No. 157
H.P. 113
House of Representatives, January 21, 2021
An Act Regarding the Fair Representation of Candidate Identities
Received by the Clerk of the House on January 19, 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 GROHOSKI of Ellsworth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1001, 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 §1004-A, sub-§5, as amended by PL 2005, c. 301, §6, is 
further amended to read:
5.  Material false statements statement in documents filed with commission.  A 
person that makes a material false statement in or that makes a statement that includes a 
material misrepresentation in a document that is required to be submitted to the 
commission, or that is submitted in response to a request by the commission, may be 
assessed a penalty not to exceed $5,000.
Sec. 3.  21-A MRSA §1004-A, sub-§6 is enacted to read:
6.  False statement of incumbency.  A candidate or a candidate's authorized political 
committee that violates section 1014-C, subsection 2 or 3 directly or through an agent may 
be assessed a penalty not to exceed $5,000.
Sec. 4.  21-A MRSA §1004-A, 2nd ¶, as amended by PL 2009, c. 302, §1, is further 
amended to read:
When the commission has reason to believe that a violation has occurred, the 
commission shall provide written notice to the candidate, candidate's authorized political 
committee, party committee, political action committee, committee treasurer or other 
respondent and shall afford them an opportunity to appear before the commission before 
assessing any penalty. In determining any penalty under subsections 3, 4 and, 5 and 6, the 
commission shall consider, among other things, the level of intent to mislead, the penalty 
necessary to deter similar misconduct in the future and the harm suffered by the public 
from the incorrect disclosure or false statement. A final determination by the commission 
may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 
and the Maine Rules of Civil Procedure, Rule 80C.
Sec. 5.  21-A MRSA §1014-C is enacted to read:
§1014-C.  False statement of incumbency
1.  Communication defined. For purposes of this section, "communication" includes 
the communications described in section 1014, subsections 1, 2 and 2-A and includes the 
communications described in section 1014, subsection 6, paragraphs A to E.
2. Use of term "reelect".  A candidate and a candidate's authorized political committee 
may not, directly or through an agent, finance or authorize a communication that uses the 
term "re-elect" or "reelect" in relation to the nomination or election of that candidate to 
office unless the candidate holds that office at the time the communication is made.  
3. Use of office title.  A candidate and a candidate's authorized political committee 
may not, directly or through an agent, finance or authorize a communication that names or 
identifies the candidate using the title of the office to which the candidate seeks nomination 
or election unless the candidate holds that office at the time the communication is made.
4. Penalty.  A candidate or a candidate's authorized political committee that violates 
this section directly or through an agent may be assessed a penalty in accordance with 
section 1004-A.
Sec. 6.  21-A MRSA §1052, sub-§5, ¶B, as amended by PL 2011, c. 389, §32, is 
further amended by amending subparagraph (2) to read:
(2)  A candidate's authorized political committee under section 1013‑A, subsection 
1, paragraph B;
SUMMARY
This bill prohibits a candidate and a candidate's authorized political committee from 
directly or indirectly financing or authorizing a communication that uses the terms "re-
elect" or "reelect" in relation to the nomination or election of that candidate to office or that 
names or identifies the candidate using the title of the office to which the candidate seeks 
nomination or election, unless the candidate holds that office at the time the communication 
is made.  A candidate or a candidate's authorized political committee that violates these 
prohibitions is subject to a penalty of up to $5,000, to be assessed by the Commission on 
Governmental Ethics and Election Practices.