An Act To Eliminate Maine Clean Election Act Funding for Candidates in Gubernatorial Races
Maine Legislature, Session 130, LD 0921
Committee: Veterans and Legal Affairs
Sponsors: HUTCHINS
Amends: 21-A MRSA §1122, 21-A MRSA §1123, 21-A MRSA §1124, 21-A MRSA §1125

Legislative Document
No. 921
H.P. 677
House of Representatives, March 8, 2021
An Act To Eliminate Maine Clean Election Act Funding for 
Candidates in Gubernatorial Races
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HUTCHINS of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1122, sub-§1, as enacted by IB 1995, c. 1, §17, is amended 
to read:
1.  Certified candidate.  "Certified candidate" means a candidate running for 
Governor, State Senator or State Representative who chooses to participate in the Maine 
Clean Election Act and who is certified as a Maine Clean Election Act candidate under 
section 1125, subsection 5.
Sec. 2.  21-A MRSA §1122, sub-§5, as enacted by IB 1995, c. 1, §17, is amended 
to read:
5.  Nonparticipating candidate.  "Nonparticipating candidate" means a candidate 
running for Governor, State Senator or State Representative who does not choose to 
participate in the Maine Clean Election Act and who is not seeking to be certified as a 
Maine Clean Election Act candidate under section 1125, subsection 5.
Sec. 3.  21-A MRSA §1122, sub-§6, as enacted by IB 1995, c. 1, §17, is amended 
to read:
6.  Participating candidate.  "Participating candidate" means a candidate who is 
running for Governor, State Senator or State Representative who is seeking to be certified 
as a Maine Clean Election Act candidate under section 1125, subsection 5.
Sec. 4.  21-A MRSA §1122, sub-§8, ¶A, as amended by PL 2009, c. 363, §1, is 
repealed.
Sec. 5.  21-A MRSA §1123, as enacted by IB 1995, c. 1, §17, is amended to read:
§1123.  Alternative campaign financing option
This chapter establishes an alternative campaign financing option available to 
candidates running for Governor, State Senator and State Representative.  This alternative 
campaign financing option is available to candidates for elections to be held beginning in 
the year 2000.  The commission shall administer this Act and the fund.  Candidates 
participating in the Maine Clean Election Act must also comply with all other applicable 
election and campaign laws and regulations.
Sec. 6.  21-A MRSA §1124, sub-§1, as enacted by IB 1995, c. 1, §17, is amended 
to read:
1.  Established.  The Maine Clean Election Fund is established to finance the election 
campaigns of certified Maine Clean Election Act candidates running for Governor, State 
Senator and State Representative and to pay administrative and enforcement costs of the 
commission related to this Act.  The fund is a special, dedicated, nonlapsing fund and any 
interest generated by the fund is credited to the fund.  The commission shall administer the 
fund.
Sec. 7.  21-A MRSA §1125, sub-§2, ¶A, as amended by PL 2009, c. 363, §2, is 
repealed.
Sec. 8.  21-A MRSA §1125, sub-§3, ¶D, as enacted by PL 2019, c. 323, §29, is 
amended by repealing subparagraph (1).
Sec. 9.  21-A MRSA §1125, sub-§5, as amended by IB 2015, c. 1, §20, is further 
amended by amending the first blocked paragraph to read:
The executive director shall certify a candidate complying with the requirements of this 
section as a Maine Clean Election Act candidate as soon as possible but not later than 3 
business days after final submittal of qualifying contributions and other supporting 
documents required under subsection 4 but no later than 3 business days for legislative 
candidates and 5 business days for gubernatorial candidates.  The executive director may 
take additional time if further investigation is necessary to verify compliance with this Act 
as long as the commission notifies the candidate regarding the anticipated schedule for 
conclusion of the investigation.  A candidate or other interested person may appeal the 
decision of the executive director to the members of the commission in accordance with 
subsection 14.
Sec. 10.  21-A MRSA §1125, sub-§5-A, ¶G, as amended by PL 2009, c. 363, §6, 
is further amended to read:
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; or
Sec. 11.  21-A MRSA §1125, sub-§5-A, ¶H, as amended by PL 2009, c. 363, §6, 
is further amended to read:
H.  Otherwise substantially violated the provisions of this chapter or chapter 13; or.
Sec. 12.  21-A MRSA §1125, sub-§5-A, ¶I, as enacted by PL 2009, c. 363, §6, is 
repealed.
Sec. 13.  21-A MRSA §1125, sub-§7, as amended by IB 2015, c. 1, §22, is further 
amended to read:
7.  Timing of initial fund distribution.  The commission shall distribute to certified 
candidates revenues from the fund in amounts determined under subsections 8-B to 8-C 
and 8-D in the following manner.
A.  Within 3 days after certification, for candidates certified prior to March 15th of the 
election year, revenues from the fund must be distributed as if the candidates are in an 
uncontested primary election.
B.  Within 3 days after certification, for all candidates certified between March 15th 
and the end of the qualifying period of the election year, revenues from the fund must 
be distributed according to whether the candidate is in a contested or uncontested 
primary election.
B-1.  For candidates in contested primary elections receiving a distribution under 
paragraph A, additional revenues from the fund must be distributed within 3 days of 
March 15th of the election year.
C.  No later than 3 days after the primary election results are certified, for general 
election certified candidates, revenues from the fund must be distributed according to 
whether the candidate is in a contested or uncontested general election.
Funds may be distributed to certified candidates under this section by any mechanism that 
is expeditious, ensures accountability and safeguards the integrity of the fund.
Sec. 14.  21-A MRSA §1125, sub-§7-B, ¶A, as enacted by IB 2015, c. 1, §23, is 
repealed.
Sec. 15.  21-A MRSA §1125, sub-§8-B, as enacted by IB 2015, c. 1, §25, is 
repealed.
Sec. 16.  21-A MRSA §1125, sub-§8-E, as amended by PL 2019, c. 323, §33, is 
further amended to read:
8-E.  Collection and submission of additional qualifying contributions.  
Participating or certified candidates may collect and submit additional qualifying 
contributions in accordance with subsection 3‑A to the commission as follows:
A.  For gubernatorial candidates, no earlier than October 15th of the year before the 
year of the election and no later than 3 weeks before election day; and
B.  For legislative candidates, no earlier than January 1st of the election year and no 
later than 3 weeks before election day.
Additional qualifying contributions may be submitted to the commission at any time in any 
amounts in accordance with the schedules in this subsection. The commission shall make 
supplemental distributions to candidates in the amounts and in accordance with the 
increments specified in subsections 8-B to  8-C and 8-D.  If a candidate submits additional 
qualifying contributions prior to a primary election in excess of the number of qualifying 
contributions for which a candidate may receive a distribution, the excess qualifying 
contributions must be counted as general election additional qualifying contributions if the 
candidate has a contested general election, but supplemental distributions based on these 
excess qualifying contributions may not be distributed until after the primary election.
Sec. 17.  21-A MRSA §1125, sub-§8-F, as enacted by IB 2015, c. 1, §25, is 
amended to read:
8-F.  Amount of distributions.  On December 1st of each even-numbered year the 
commission shall review and adjust the distribution amounts in subsections 8-B to 8-C and 
8-D based on the Consumer Price Index as reported by the United States Department of 
Labor, Bureau of Labor Statistics.  If an adjustment is warranted by the Consumer Price 
Index, the distribution amounts must be adjusted, rounded to the nearest amount divisible 
by $25.  When making adjustments under this subsection, the commission may not change 
the number of qualifying contributions or additional qualifying contributions required to 
trigger an initial distribution or an increment of supplemental distribution.  The commission 
shall post information about the distribution amounts including the date of any adjustment 
on its publicly accessible website and include this information with any publication to be 
used as a guide for candidates.
Sec. 18.  21-A MRSA §1125, sub-§10, as amended by IB 2015, c. 1, §26, is further 
amended to read:
10.  Candidate not enrolled in a party.  An unenrolled candidate for the Legislature 
who submits the required number of qualifying contributions and other required documents 
under subsection 4 by 5:00 p.m. on April 20th preceding the primary election and who is 
certified is eligible for revenues from the fund in the same amounts and at the same time 
as an uncontested primary election candidate and a general election candidate as specified 
in subsections 7, 8-C and 8-D.  Revenues for the general election must be distributed to the 
candidate as specified in subsection 7.  An unenrolled candidate for Governor who submits 
the required number of qualifying contributions and other required documents under 
subsection 4 by 5:00 p.m. on April 1st preceding the primary election and who is certified 
is eligible for revenues from the fund in the same amounts and at the same time as an 
uncontested primary election gubernatorial candidate and a general election gubernatorial 
candidate as specified in subsections 7 and 8-B.  Revenues for the general election must be 
distributed to the candidate for Governor as specified in subsection 7.
Sec. 19.  21-A MRSA §1125, sub-§12-B, as enacted by PL 2007, c. 443, Pt. B, §6, 
is repealed.
SUMMARY
This bill eliminates the ability of gubernatorial candidates to obtain Maine Clean 
Election Act funding.