An Act To Modify the Reporting Requirements for Major Contributors to Ballot Question Campaigns
Maine Legislature, Session 130, LD 1754
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 21-A MRSA §1060-A

Legislative Document
No. 1754
S.P. 614
In Senate, December 2, 2021
An Act To Modify the Reporting Requirements for Major 
Contributors to Ballot Question Campaigns
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 203.
Received by the Secretary of the Senate on November 30, 2021.  Referred to the 
Committee on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1060-A, sub-§1, ¶B, as enacted by PL 2017, c. 418, §4, is 
amended to read:
B.  "Major contributor" means a person, other than an individual or a committee, that 
makes one or more contributions aggregating in excess of $100,000 to a ballot question 
committee or political action committee for the purpose of initiating or influencing any 
one people's veto referendum campaign or any one direct initiative campaign.
Sec. 2.  21-A MRSA §1060-A, sub-§4, ¶E, as enacted by PL 2017, c. 418, §4, is 
amended to read:
E.  The names of the 5 largest sources of funds received by the major contributor during 
the period beginning 6 months prior to the first contribution made to the recipient 
committee and ending on the date of the filing of the report.  This paragraph does not 
apply to funds received by the major contributor that are restricted to purposes that are 
unrelated to a people's veto referendum or direct initiative campaign in the State. A 
major contributor may request a modification to the requirements of this paragraph.  In 
considering a request for a modification, the commission shall consider the financial 
and staffing resources of the major contributor, the financial cost and amount of time 
it would reasonably take to gather the information, the public interest in having access 
to the information and other relevant factors.  The commission may accept a financial 
disclosure report required under any other law to satisfy the requirements of a 
modification to this provision; and
Sec. 3.  21-A MRSA §1060-A, sub-§5, as enacted by PL 2017, c. 418, §4, is 
repealed and the following enacted in its place:
5.  Noncompliance.  The commission may assess a civil penalty against a person that 
does not comply with the requirements of this section.  The preliminary penalty is 10% of 
the total contributions required to be reported or $50,000, whichever is less, for: 
A. A recipient committee that fails to provide timely notice to a major contributor under 
subsection 2;
B. A recipient committee that fails to provide a copy of the notice to the commission 
under subsection 2.  If the commission assesses a penalty under paragraph A, the 
commission may not also assess a penalty under this paragraph; and  
C. A major contributor that fails to file a timely report required under this section or 
that files a report that does not substantially conform to the disclosure requirements of 
this section or rules adopted under this section.
Sec. 4.  21-A MRSA §1060-A, sub-§6 is enacted to read:
6.  Waiver request; final penalty.  Not later than the 14th calendar day after the date 
the person receives notice of the preliminary penalty from the commission under subsection 
5, the person may request a waiver of the penalty in full or in part. In considering a request 
for a waiver under this subsection, the commission shall consider:
A. For violations under subsection 5, paragraphs A and B:
(1) Whether, as a result of the late notice, the due date for a report required by this 
subchapter is later than if a timely notice had been received;
(2) Whether the recipient committee made a bona fide effort to provide notice to 
the major contributors; 
(3) The amount of the contributions required to be reported; and
(4) Other relevant factors; and
B. For violations under subsection 5, paragraph C:
(1) The failure of the recipient committee to provide notice of the reporting 
requirement to the major contributor; 
(2) The number of days the report is late;
(3) The amount of the contributions required to be reported; and
(4) Other relevant factors. 
A person requesting a determination on a waiver may either appear in person or designate 
a representative to appear on the person's behalf or may submit a sworn statement 
explaining the mitigating circumstances for consideration by the commission. After a 
commission meeting, the commission shall mail notice of the final determination of the 
commission and the penalty, if any, imposed pursuant to this subsection to the person 
against whom the commission is assessing the penalty. If the person against whom the 
commission is assessing the penalty does not request a waiver, the preliminary penalty 
calculated by the commission is final. The commission shall mail final notice of the penalty 
to the person against whom the commission is assessing the penalty. A final determination 
by the commission on a waiver may be appealed to the Superior Court in accordance with 
Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.
SUMMARY
This bill amends the law requiring contributors giving more than $100,000 to a political 
action committee or ballot question committee for the purpose of influencing a ballot 
question to file a statement with the Commission on Governmental Ethics and Election 
Practices by:
1. Exempting political action committees and ballot question committees already 
registered with the commission from filing the major contributor report;
2. Permitting a major contributor to request a modification of the requirement to 
disclose its 5 largest sources of income in the previous 6 months; and
3. Clarifying the enforcement provisions regarding potential violations and the factors 
the commission must consider for each potential violation.