An Act Regarding Campaign Finance Disclosure and the Filing of Statements of Sources of Income
Maine Legislature, Session 130, LD 1377
Committee: Veterans and Legal Affairs
Amends: 1 MRSA §1016-C, 5 MRSA §19, 21-A MRSA §1013-A, 21-A MRSA §1014, 21-A MRSA §1019-B, 21-A MRSA §1125

Legislative Document
No. 1377
H.P. 1011
House of Representatives, April 7, 2021
An Act Regarding Campaign Finance Disclosure and the Filing of 
Statements of Sources of Income
Reported by Representative CAIAZZO of Scarborough for the Commission on 
Governmental Ethics and Election Practices pursuant to the Maine Revised Statutes, Title 1, 
section 1009.
Received by the Clerk of the House on April 5, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §1016-C, as amended by PL 2011, c. 634, §8, is further amended 
to read:
§1016-C.  Reports by legislative candidates
A candidate, as defined in Title 21‑A, section 1, subsection 5, for the Legislature who 
is not required to file a report under section 1016‑G shall file a report containing the same 
information required of Legislators under section 1016‑G no later than 5 p.m. on the first 
Monday in August 15th preceding the general election unless the candidate withdraws from 
the election in accordance with Title 21‑A, section 374‑A by that date.
Sec. 2.  5 MRSA §19, sub-§2-A, as amended by PL 2009, c. 524, §3, is repealed.
Sec. 3.  5 MRSA §19, sub-§3-A, as enacted by PL 2011, c. 634, §22, is amended to 
read:
3-A.  Filing upon termination of employment.  An executive employee whose 
employment has terminated shall file a statement of finances as described in subsection 2 
and a statement of positions as described in subsection 2‑A within 45 days after the 
termination of employment relating to the final calendar year of the employment.
Sec. 4.  21-A MRSA §1013-A, sub-§3, as amended by PL 2019, c. 323, §4, is 
further amended to read:
3.  Party committees.  The district, county and municipal committees of parties shall 
submit to their state party committees the names, mailing addresses and e-mail addresses 
of all their officers and of their treasurers and the name and address of the principal paid 
employee, if any, within 10 days after the appointment, election or hiring of these persons.  
Municipal committees shall file copies of the same information with the municipal clerk.  
No later than June 15th of each year in which a general election is scheduled, the state party 
committee shall submit to the commission a consolidated report of the names, mailing 
addresses and e-mail addresses of the chair and treasurer of the district, county and 
municipal committees of that party or of another officer if a chair or treasurer has not been 
appointed.
Sec. 5.  21-A MRSA §1014, sub-§2-B, as enacted by IB 2015, c. 1, §3, is amended 
by amending the 2nd blocked paragraph to read:
The information required by this subsection may appear simultaneously with any statement 
required by subsection 2 or 2-A.  A communication that contains a visual aspect must 
include the statement in written text.  A communication that does not contain a visual aspect 
must include an audible statement.  This statement is required only for communications 
made through broadcast or cable television, broadcast radio, Internet audio and video 
programming, direct mail or newspaper or other periodical publications.
Sec. 6.  21-A MRSA §1014, sub-§2-B, as enacted by IB 2015, c. 1, §3, is amended 
by amending the 3rd blocked paragraph to read:
A cable television or, broadcast television or Internet video communication must include 
both an audible and a written statement.  For a cable television or, broadcast television or 
Internet video communication 30 seconds or less in duration, the audible statement may be 
modified to include only the single top funder.
Sec. 7.  21-A MRSA §1019-B, sub-§2, as amended by PL 2019, c. 323, §16, is 
further amended to read:
2.  Rebutting presumption.  A person presumed under this section to have made an 
independent expenditure may rebut the presumption by filing a signed written statement 
with the commission within 48 hours 7 days of disseminating the communication stating 
that the cost was not incurred with the intent to influence the nomination, election or defeat 
of a candidate, supported by any additional evidence the person chooses to submit.  The 
commission may gather any additional evidence it deems relevant and material and shall 
determine by a preponderance of the evidence whether the cost was incurred with intent to 
influence the nomination, election or defeat of a candidate.
Sec. 8.  21-A MRSA §1125, sub-§2-C is enacted to read:
2-C.  Change in campaign financing.  If a candidate has accepted contributions as a 
candidate for Governor, State Senator or State Representative that are not seed money 
contributions as defined in section 1122, subsection 9 or do not comply with the seed 
money restrictions in subsections 2 and 2-A, the candidate is ineligible for certification in 
the same election year.
Sec. 9.  21-A MRSA §1125, sub-§5-A, as amended by PL 2009, c. 363, §6, is 
further amended to read:
5-A.  Revocation of certification.  The certification of a participating certified 
candidate may be revoked at any time if the commission determines that the candidate or 
an agent of the candidate:
A.  Did not submit the required number of valid qualifying contributions;
B.  Failed to qualify as a candidate by petition or other means;
C.  Submitted any fraudulent qualifying contributions or qualifying contributions that 
were not made by the named contributor;
D.  Misrepresented to a contributor the purpose of the qualifying contribution or 
obtaining the contributor's signature on the receipt and acknowledgement form;
E.  Failed to fully comply with the seed money restrictions;
F.  Knowingly accepted any contributions, including any in-kind contributions, or used 
funds other than fund revenues distributed under this chapter to make campaign-related 
expenditures without the permission of the commission;
G.  Knowingly made a false statement or material misrepresentation in any report or 
other document required to be filed under this chapter or chapter 13;
H.  Otherwise substantially violated the provisions of this chapter or chapter 13; or
I.  As a gubernatorial candidate, failed to properly report seed money contributions as 
required by this section.
The determination to revoke the certification of a candidate must be made by a vote of the 
members of the commission after an opportunity for a hearing.  A candidate 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 
candidate.  In addition to the requirement to return funds, the candidate may be subject to 
a civil penalty under section 1127.  The candidate may appeal the commission's decision 
to revoke certification in the same manner provided in subsection 14, paragraph C.
Sec. 10.  21-A MRSA §1125, sub-§6-E, as enacted by PL 2011, c. 389, §55, is 
amended to read:
6-E.  Expenditures for television advertising.  A certified candidate must include 
closed-captioning within any television advertisement that the candidate provides to a 
broadcasting or cable television station for broadcast to the public, except for an 
advertisement aired in the final 4 days before an election if inclusion of closed-captioning 
during that period is impractical or would materially affect the timing of the candidate's 
advertisement.
Sec. 11.  21-A MRSA §1125, sub-§8-B, as enacted by IB 2015, c. 1, §25, is 
amended to read:
8-B.  Distributions to participating certified gubernatorial candidates.  
Distributions from the fund to participating certified gubernatorial candidates must be made 
as follows.
A.  For an uncontested primary election, the total distribution of revenues is $200,000 
per candidate.
B.  For a contested primary election, the amount of revenues distributed is as follows:
(1)  The initial distribution of revenues is $400,000 per candidate;
(2)  For each increment of 800 additional qualifying contributions a candidate 
collects and submits pursuant to subsection 8‑E, not to exceed a total of 3,200 
additional qualifying contributions, the supplemental distribution of revenues to 
that candidate is $150,000; and
(3)  The total amount of revenues distributed for a contested primary election may 
not exceed $1,000,000 per candidate.
C.  For an uncontested general election, the total distribution of revenues is $600,000 
per candidate.
D.  For a contested general election, the amount of revenues distributed is as follows:
(1)  The initial distribution of revenues is $600,000 per candidate;
(2)  For each increment of 1,200 additional qualifying contributions a candidate 
collects and submits pursuant to subsection 8‑E, not to exceed a total of 9,600 
additional qualifying contributions, the supplemental distribution of revenues to 
that candidate is $175,000; and
(3)  The total amount of revenues distributed for a contested general election may 
not exceed $2,000,000 per candidate.
Sec. 12.  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 per 
candidate.
C.  For an uncontested general election, the total distribution of revenues is $6,000 per 
candidate.
D.  For a contested general election, the amount of revenues distributed is as follows:
(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. 13.  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 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 of revenues distributed is as follows:
(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.
SUMMARY
This bill amends the laws governing the disclosure of sources of personal income, the 
reporting of campaign finance information and participation in the Maine Clean Election 
Act program by:
1.  Adjusting the deadline for legislative candidates to file a statement of the sources 
of their personal income from the first Monday in August to August 15th;
2.  Eliminating a duplicative requirement for appointed and elected executive officials 
to disclose their positions in corporations or boards of directors in their annual statements 
of sources of income;
3.  Requiring state party committees to provide the commission with a list of officers 
of district, municipal and county party committees every year by June 15th;
4.  Extending the period within which a person paying for a communication that names 
or depicts a clearly identified candidate may rebut the presumption of an independent 
expenditure from 48 hours to 7 days after disseminating the communication;
5.  Expanding the types of independent expenditure communications that must include 
the top 3 funders of the communication's sponsor to include video communications posted 
to the Internet;
6.  Prohibiting a legislative or gubernatorial candidate who has accepted contributions 
that do not comply with seed money restrictions from participating in the Maine Clean 
Election Act program during the same year; and
7.  Amending terms in the Maine Clean Election Act to clarify that certain provisions 
apply after candidates have qualified for public campaign funding, rather than during the 
period in which they are qualifying for public funds.