An Act To Increase Campaign Finance Transparency and Accountability in Municipal Elections
Maine Legislature, Session 130, LD 1658
Committee: Veterans and Legal Affairs
Sponsors: LOOKNER, CHIPMAN, SYLVESTER, TALBOT ROSS, WARREN, WOOD, DAUGHTRY
Amends: 21-A MRSA §1011, 21-A MRSA §1017, 21-A MRSA §1017-A, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 21-A MRSA §1053-A, 30-A MRSA §2502

Legislative Document
No. 1658
H.P. 1229
House of Representatives, May 5, 2021
An Act To Increase Campaign Finance Transparency and 
Accountability in Municipal Elections
Received by the Clerk of the House on May 3, 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 LOOKNER of Portland.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: SYLVESTER of Portland, TALBOT ROSS of Portland, WARREN of 
Hallowell, WOOD of Portland, Senator: DAUGHTRY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1011, sub-§3, as amended by PL 2013, c. 334, §2, is further 
amended to read:
3.  Role of the municipal clerk; commission.  For candidates for municipal office in 
towns or cities with a population of 50,000 or more, the commission is responsible for the 
registration of candidates, receipt of reports and distribution of information or forms.  For 
candidates for municipal office in towns or cities with a population of less than 50,000, the 
municipal clerk is responsible for any duty assigned to the commission in this subchapter 
related to the registration of candidates, receipt of reports and distribution of information 
or forms, unless otherwise provided.  Notwithstanding any other deadline set forth in this 
chapter, candidates shall file their reports by the close of business on the day of the filing 
deadline established for the office of the municipal clerk.  The commission retains the sole 
authority to prescribe the content of all reporting forms.  The commission does not have 
responsibility to oversee the filing of registrations or campaign finance reports relating to 
municipal campaigns in towns or cities with a population of less than 50,000, except that 
the commission has the discretion to conduct investigations and assess penalties under 
subsection 3‑A.
Sec. 2.  21-A MRSA §1011, sub-§3-A, as enacted by PL 2013, c. 334, §2, is 
amended to read:
3-A.  Enforcement by the commission.  If a clerk of a town or city that is governed 
by this chapter pursuant to Title 30‑A, section 2502 becomes aware of a potential violation 
of this chapter that the clerk considers to be substantial, the clerk may shall refer the matter 
to the commission for enforcement.  Substantial violations include, but are not limited to, 
accepting contributions in excess of the limitations of section 1015 and failing to file a 
report that substantially complies with the disclosure requirements of section 1017.  The 
commission has the discretion to conduct an investigation if the information referred by the 
municipal clerk shows sufficient grounds for believing that a violation may have occurred.  
After conducting the investigation, if the commission determines that a violation of this 
chapter has occurred, the commission may assess penalties provided in this chapter.
Sec. 3.  21-A MRSA §1011, sub-§4, as enacted by PL 2011, c. 389, §5 and affected 
by §62, is amended to read:
4.  Exemptions.  Exemptions for municipal candidates from the reporting requirements 
of this subchapter are governed by this subsection.
A.  At the time a municipal candidate in a town or city with a population of 50,000 or 
more registers under section 1013-A, the candidate may notify the commission in 
writing that the candidate will not accept contributions, make expenditures or incur 
financial obligations associated with that person's candidacy.  At the time a municipal 
candidate in a town or city with a population of less than 50,000 registers under section 
1013‑A, the candidate may notify the municipal clerk in writing that the candidate will 
not accept contributions, make expenditures or incur financial obligations associated 
with that person's candidacy.  A candidate who provides this written notice is not 
required to appoint a treasurer or to meet the filing requirements of this section as long 
as the candidate complies with the commitment.
B.  The notice provided to the commission or the municipal clerk in paragraph A may 
be revoked.  A written revocation must be presented to the commission or the municipal 
clerk before the candidate may accept contributions, make expenditures or incur 
obligations associated with that person's candidacy.  A candidate who has filed a notice 
with the commission or the municipal clerk under paragraph A and accepts 
contributions, makes expenditures or incurs obligations associated with that person's 
candidacy prior to filing a revocation may be assessed a penalty of $10 for each 
business day that the revocation is late, up to a maximum of $500.  This penalty may 
be imposed in addition to the penalties assessed under other sections of this Title.
Sec. 4.  21-A MRSA §1017, sub-§3-A, as amended by PL 2019, c. 323, §8, is 
further amended to read:
3-A.  Other candidates.  A treasurer of a municipal candidate in a town or city with a 
population of 50,000 or more, and a treasurer of a candidate for state or county office other 
than the office of Governor shall file reports with the commission and a municipal 
candidates candidate in a town or city with a population of less than 50,000 shall file reports 
with the municipal clerk as follows.  Once the first required report has been filed, each 
subsequent report must cover the period from the end date of the prior report filed.
A.  In any calendar year in which an election for the candidate's particular office is not 
scheduled, when any candidate or candidate's political committee has received 
contributions in excess of $500 or made or authorized expenditures in excess of $500, 
reports must be filed no later than 11:59 p.m. on July 15th of that year and January 15th 
of the following calendar year.  These reports must include all contributions made to 
and all expenditures made or authorized by or on behalf of the candidate or the treasurer 
of the candidate as of the end of the preceding month, except those covered by a 
previous report.
B.  Reports must be filed no later than 11:59 p.m. on the 11th day before the date on 
which an election is held and must be complete as of the 14th day before that date.  If 
a report was not filed under paragraph A, the report required under this paragraph must 
cover all contributions and expenditures through the 14th day before the election.
C.  If the candidate has an opponent who is on the ballot or who is a declared write-in 
candidate, any single contribution of $1,000 or more received or any single expenditure 
of $1,000 or more made after the 14th day before any election and more than 24 hours 
before 11:59 p.m. on the day of any election must be reported within 24 hours of that 
contribution or expenditure.  The candidate or treasurer is not required to include in 
this report expenditures for overhead expenses or compensation paid to an employee 
or other member of the campaign staff who has received payments at regular intervals 
that have been disclosed in previously filed campaign finance reports. As used in this 
paragraph, "overhead expenses" includes, but is not limited to, rent, utility payments, 
taxes, insurance premiums or similar administrative expenses.
D.  Reports must be filed no later than 11:59 p.m. on the 42nd day after the date on 
which an election is held and must be complete for the filing period as of the 35th day 
after that date.
D-1.  Reports must be filed no later than 11:59 p.m. on the 42nd day before the date on 
which a general election is held and must be complete as of the 49th day before that 
date, except that this report is not required for candidates for municipal office.
E.  Unless further reports will be filed in relation to a later election in the same calendar 
year, the disposition of any surplus or deficit in excess of $100 shown in the reports 
described in paragraph D must be reported as provided by this paragraph.  The treasurer 
of a candidate with a surplus or deficit in excess of $100 shall file reports semiannually 
with the commission within 15 days following the end of the 2nd and 4th quarters of 
the State's fiscal year, complete as of the last day of the quarter, until the surplus is 
disposed of or the deficit is liquidated.  The first report under this paragraph is not 
required until the 15th day of the period beginning at least 90 days from the date of the 
election.  The reports will be considered timely if filed electronically or in person with 
the commission on that date or postmarked on that date.  The reports must set forth any 
contributions for the purpose of liquidating the deficit, in the same manner as 
contributions are set forth in other reports required in this section.
F.  Reports with respect to a candidate who seeks nomination by petition must be filed 
on the same dates that reports must be filed by a candidate for the same office who 
seeks that nomination by primary election.
Sec. 5.  21-A MRSA §1017-A, sub-§8, as amended by PL 2011, c. 389, §19 and 
affected by §62, is further amended to read:
8.  Municipal elections.  When a party committee makes contributions or expenditures 
on behalf of a candidate for municipal office subject to this subchapter, it shall file a copy 
of the reports required by this section with the clerk in that candidate's municipality.  The 
municipality shall post each report received on the municipality's publicly accessible 
website within 24 hours after the applicable deadline.
Sec. 6.  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 independent expenditure in excess of $250 during any one 
candidate's election shall file a report with the commission.  In the case of a municipal 
election in a town or city with a population of less than 50,000, the report must be filed 
with the municipal clerk and the clerk shall post each report received on the municipality's 
publicly accessible website within 24 hours after the applicable deadline.
A.  A report required by this subsection must be filed with the commission 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 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 
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. 7.  21-A MRSA §1020-A, sub-§3, as amended by PL 2011, c. 389, §22 and 
affected by §62, is further amended to read:
3.  Municipal campaign finance reports.  Municipal campaign finance reports must 
be filed, subject to all the provisions of this subchapter, with the municipal clerk on forms 
prescribed by or the Commission on Governmental Ethics and Election Practices on forms 
prescribed by the commission.  The municipal clerk shall send any notice of lateness 
required by subsection 6 and shall notify the commission of any late reports subject to a 
penalty.
Sec. 8.  21-A MRSA §1053-A, as amended by PL 2019, c. 563, §5, is further 
amended to read:
§1053-A.  Municipal elections
If an organization qualifies as a political action committee under section 1052, 
subsection 5 or is a ballot question committee required to register under section 1056‑B 
and that organization receives contributions or makes expenditures to influence a municipal 
campaign in towns or cities with a population of 15,000 or more, that organization must 
register and file reports with the municipal clerk as required by Title 30‑A, section 2502.  
The reports must be filed in accordance with the reporting schedule in section 1059 and 
must contain the information listed in section 1060.  A committee registered with the 
commission and that receives contributions or makes expenditures relating to a municipal 
election shall file a copy of the report containing such contributions or expenditures with 
the clerk in the subject municipality.  The commission retains the sole authority to prescribe 
the content of all reporting forms.  The commission does not have responsibility to oversee 
is responsible for the oversight of the filing of registrations or campaign finance reports 
relating to municipal campaigns in a town or city with a population of 50,000 or more.  If 
a municipal clerk becomes aware of a potential violation of this subchapter that the clerk 
considers to be substantial, the clerk may shall refer the matter to the commission for 
enforcement.  The commission may conduct an investigation if the information referred by 
the municipal clerk shows sufficient grounds for believing that a violation may have 
occurred.  After conducting the investigation, if the commission determines that a violation 
of this subchapter has occurred, the commission may assess penalties provided in this 
subchapter.
Sec. 9.  30-A MRSA §2502, sub-§1, as amended by PL 2011, c. 389, §60 and 
affected by §62, is further amended to read:
1.  Reports by candidates.  A candidate or a political action committee seeking to 
influence the election of a candidate for municipal office of a town or city with a population 
of 50,000 or more is governed by Title 21-A, sections 1001 to 1020-A.  A candidate or a 
political action committee seeking to influence the election of a candidate for municipal 
office of a town or city with a population of at least 15,000 or more and less than 50,000 is 
governed by Title 21‑A, sections 1001 to 1020-A, except that registrations and campaign 
finance reports must be filed with the municipal clerk instead of the Commission on 
Governmental Ethics and Election Practices.  A town or city with a population of less than 
15,000 may choose to be governed by Title 21‑A, sections 1001 to 1020-A by vote of its 
legislative body at least 90 days before an election for office.  A town or city that votes to 
adopt those provisions may revoke that decision, but it must do so at least 90 days before 
an election subject to those sections.
Sec. 10.  30-A MRSA §2502, sub-§2, as amended by PL 2011, c. 389, §60 and 
affected by §62, is further amended to read:
2.  Municipal referenda campaigns.  Municipal referenda campaigns in towns or 
cities with a population of 50,000 or more are governed by Title 21-A, chapter 13, 
subchapter 4, and registrations and reports of political action committees and ballot 
question committees must be filed with the Commission on Governmental Ethics and 
Election Practices.  Municipal referenda campaigns in towns or cities with a population of 
at least 15,000 or more and less than 50,000 are governed by Title 21‑A, chapter 13, 
subchapter 4.  The, and registrations and reports of political action committees and ballot 
question committees must be filed with the municipal clerk.  A town or city with a 
population of less than 15,000 may choose to be governed by Title 21‑A, chapter 13, 
subchapter 4 by vote of its legislative body at least 90 days before a referendum election.   
A town or city that votes to adopt those provisions may revoke that decision, but it must do 
so at least 90 days before an election subject to that subchapter.
Sec. 11.  30-A MRSA §2502, sub-§4 is enacted to read:
4.  Campaign finance report posting.  A town or city with a population of less than 
50,000 shall post each campaign finance report received on the municipality's publicly 
accessible website within 24 hours after the applicable deadline for filing campaign finance 
reports.
SUMMARY
This bill requires a candidate or a political action committee seeking to influence the 
election of a candidate for municipal office of a town or city with a population of 50,000 
or more to submit registrations and campaign finance reports with the Commission on 
Governmental Ethics and Election Practices instead of with the municipal clerk, and it 
requires a town or city with a population of less than 50,000 to post campaign finance 
reports on the municipality's publicly accessible website within 24 hours after the deadline 
for filing campaign finance reports.  This bill also makes the commission responsible for 
oversight of the filing of registrations and campaign finance reports relating to municipal 
referenda campaigns in a town or city with a population of 50,000 or more.  The bill also 
makes it a requirement for the municipal clerk to refer a potential violation to the 
commission.  Current law makes it permissive.