An Act To Define the Term "Unenrolled Political Action Committee
Maine Legislature, Session 130, LD 0059
Committee: Veterans and Legal Affairs
Sponsors: PLUECKER, MAXMIN, EVANGELOS, RISEMAN, TALBOT ROSS, WARREN
Amends: 21-A MRSA §1001, 21-A MRSA §1018-B, 21-A MRSA §1053-C, 21-A MRSA §1122, 21-A MRSA §1125

Legislative Document
No. 59
H.P. 25
House of Representatives, January 13, 2021
An Act To Define the Term "Unenrolled Political Action 
Committee"
Received by the Clerk of the House on January 11, 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 PLUECKER of Warren.
Cosponsored by Senator MAXMIN of Lincoln and
Representatives: EVANGELOS of Friendship, RISEMAN of Harrison, TALBOT ROSS of 
Portland, WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1001, sub-§4 is enacted to read:
4.  Unenrolled political action committee.  "Unenrolled political action committee" 
means a political action committee designated under section 1053-C, subsection 3 to 
promote the election of unenrolled candidates to the Senate or the House of 
Representatives.
Sec. 2.  21-A MRSA §1018-B, sub-§2, as amended by PL 2019, c. 635, §3, is 
further amended to read:
2.  Limitations.  After an election, candidates may receive donations for purposes of a 
recount.  The donations must be within the limitations of section 1015, except that no 
limitation applies to donations from party committees, unenrolled political action 
committees and caucus political action committees and from attorneys, consultants and 
their firms that are donating their services without reimbursement.  Candidates may not 
spend revenues received under chapter 14 for recount expenditures.
Sec. 3.  21-A MRSA §1053-C, as enacted by PL 2019, c. 635, §4, is amended by 
amending the section headnote to read:
§1053-C.  Caucus political action committees and unenrolled political action 
committees
Sec. 4.  21-A MRSA §1053-C, sub-§1, ¶A-1 is enacted to read:
A-1.  "House unenrolled leader" means a member of the House of Representatives who 
is not enrolled in a political party and who has been elected the leader of the members 
of the House of Representatives who are not enrolled in a political party.  For purposes 
of this paragraph, if the Speaker of the House of Representatives is not enrolled in a 
political party, the Speaker of the House of Representatives is deemed the House 
unenrolled leader.
Sec. 5.  21-A MRSA §1053-C, sub-§1, ¶D is enacted to read:
D.  "Senate unenrolled leader" means a member of the Senate who is not enrolled in a 
political party and who has been elected the leader of the members of the Senate who 
are not enrolled in a political party.  For purposes of this paragraph, if the President of 
the Senate is not enrolled in a political party, the President of the Senate is deemed the 
Senate unenrolled leader.
Sec. 6.  21-A MRSA §1053-C, sub-§3 is enacted to read:
3.  Designation of unenrolled political action committee.  The Senate unenrolled 
leader and the House unenrolled leader may each designate one unenrolled political action 
committee to promote the election of unenrolled candidates to the body of the Legislature 
of which the unenrolled leader is a member.  The designation must be made in a letter to 
the commission and remains effective until a new designation is made in a letter to the 
commission from the unenrolled leader of the same body of the Legislature.
Sec. 7.  21-A MRSA §1122, sub-§10 is enacted to read:
10.  Unenrolled political action committee.  "Unenrolled political action committee" 
has the same meaning as in section 1001, subsection 4.
Sec. 8.  21-A MRSA §1125, sub-§6-F, as amended by PL 2019, c. 635, §6, is 
further amended by amending the first blocked paragraph to read:
This prohibition also applies to a participating candidate or certified candidate in a special 
election, except that the prohibition begins on the date of the candidate's nomination.  This 
subsection does not prohibit a participating candidate or certified candidate, including a 
certified candidate who wins a general or special election, from engaging in fund-raising 
or decision making for a caucus political action committee, an unenrolled political action 
committee, a ballot question committee or a political action committee formed for the 
purpose of promoting or opposing a ballot question.  This prohibition applies to a 
participating candidate or certified candidate regardless of the date on which the political 
action committee was established.
SUMMARY
This bill allows the unenrolled members of the Senate and the unenrolled members of 
the House of Representatives to elect a leader who may designate an unenrolled political 
action committee to promote the election of unenrolled candidates to that body of the 
Legislature.  Like a caucus political action committee, an unenrolled political action 
committee may make unlimited donations to a candidate to fund a recount.  In addition, 
although Maine Clean Election Act candidates are generally prohibited from serving as the 
treasurer, principal officer, primary fund-raiser or primary decision maker for a political 
action committee, the bill authorizes Maine Clean Election Act candidates to engage in 
fund-raising or decision making for an unenrolled political action committee to the same 
extent that Maine Clean Election Act candidates may engage in such activities for a caucus 
political action committee.