An Act to Prohibit Campaign Spending by Foreign Governments and Promote an Anticorruption Amendment to the United States Constitution Transmitted to the Clerk of the 131st Maine Legislature by the Secretary of State on April 10, 2023 and ordered printed.
Maine Legislature, Session 131, LD 1610
Amends: 21-A MRSA §1064

Legislative Document
No. 1610
I.B. 1
House of Representatives, April 11, 2023
An Act to Prohibit Campaign Spending by Foreign Governments 
and Promote an Anticorruption Amendment to the United States 
Constitution
Transmitted to the Clerk of the 131st Maine Legislature by the Secretary of State on April 
10, 2023 and ordered printed.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1064 is enacted to read:
§1064.  Foreign government campaign spending prohibited
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Contribution" has the meanings given in section 1012, subsection 2 and section 
1052, subsection 3.
B.  "Electioneering communication" means a communication described in section 
1014, subsection 1, 2 or 2-A.
C. "Expenditure" has the meanings given in section 1012, subsection 3 and section 
1052, subsection 4.
D.  "Foreign government" includes any person or group of persons exercising sovereign 
de facto or de jure political jurisdiction over any country other than the United States 
or over any part of such country and includes any subdivision of any such group and 
any group or agency to which such sovereign de facto or de jure authority or functions 
are directly or indirectly delegated. "Foreign government" includes any faction or body 
of insurgents within a country assuming to exercise governmental authority, whether 
or not such faction or body of insurgents has been recognized by the United States.
E.  "Foreign government-influenced entity" means:
(1)  A foreign government; or
(2)  A firm, partnership, corporation, association, organization or other entity with 
respect to which a foreign government or foreign government-owned entity:
(a)  Holds, owns, controls or otherwise has direct or indirect beneficial 
ownership of 5% or more of the total equity, outstanding voting shares, 
membership units or other applicable ownership interests; or
(b)  Directs, dictates, controls or directly or indirectly participates in the 
decision-making process with regard to the activities of the firm, partnership, 
corporation, association, organization or other entity to influence the 
nomination or election of a candidate or the initiation or approval of a 
referendum, such as decisions concerning the making of contributions, 
expenditures, independent expenditures, electioneering communications or 
disbursements.
F.  "Foreign government-owned entity" means any entity in which a foreign 
government owns or controls more than 50% of its equity or voting shares.
G.  "Independent expenditure" has the meaning given in section 1019-B, subsection 1.
H.  "Public communication" means a communication to the public through 
broadcasting stations, cable television systems, satellite, newspapers, magazines, 
campaign signs or other outdoor advertising facilities, Internet or digital methods, 
direct mail or other types of general public political advertising, regardless of medium.     
I.  "Referendum" means any of the following:
(1)  A people's veto referendum under the Constitution of Maine, Article IV, Part 
Third, Section 17;
(2)  A direct initiative of legislation under the Constitution of Maine, Article IV, 
Part Third, Section 18;
(3)  A popular vote on an amendment to the Constitution of Maine under the 
Constitution of Maine, Article X, Section 4;
(4)  A referendum vote on a measure enacted by the Legislature and expressly 
conditioned upon ratification by a referendum vote under the Constitution of 
Maine, Article IV, Part Third, Section 19;
(5)  The ratification of the issue of bonds by the State or any state agency; and
(6)  Any county or municipal referendum.
2.  Campaign spending by foreign governments prohibited.  A foreign government-
influenced entity may not make, directly or indirectly, a contribution, expenditure, 
independent expenditure, electioneering communication or any other donation or 
disbursement of funds to influence the nomination or election of a candidate or the initiation 
or approval of a referendum.
3.  Solicitation or acceptance of contributions from foreign governments 
prohibited.  A person may not knowingly solicit, accept or receive a contribution or 
donation prohibited by subsection 2.
4.  Substantial assistance prohibited.  A person may not knowingly or recklessly 
provide substantial assistance, with or without compensation:
A.  In the making, solicitation, acceptance or receipt of a contribution or donation 
prohibited by subsection 2; or
B.  In the making of an expenditure, independent expenditure, electioneering 
communication or disbursement prohibited by subsection 2.
5.  Structuring prohibited.  A person may not structure or attempt to structure a 
solicitation, 
contribution, 
expenditure, 
independent 
expenditure, 
electioneering 
communication, donation, disbursement or other transaction to evade the prohibitions and 
requirements in this section.
6.  Communications by foreign governments to influence policy; required 
disclosure.  Whenever a foreign government-influenced entity disburses funds to finance 
a public communication not otherwise prohibited by this section to influence the public or 
any state, county or local official or agency regarding the formulation, adoption or 
amendment of any state or local government policy or regarding the political or public 
interest of or government relations with a foreign country or a foreign political party, the 
public communication must clearly and conspicuously contain the words "Sponsored by" 
immediately followed by the name of the foreign government-influenced entity that made 
the disbursement and a statement identifying that foreign government-influenced entity as 
a "foreign government" or a "foreign government-influenced entity."
7.  Due diligence required.  Each television or radio broadcasting station, provider of 
cable or satellite television, print news outlet and Internet platform shall establish due 
diligence policies, procedures and controls that are reasonably designed to ensure that it 
does not broadcast, distribute or otherwise make available to the public a public 
communication for which a foreign government-influenced entity has made an expenditure, 
independent expenditure, electioneering communication or disbursement in violation of 
this section. If an Internet platform discovers that it has distributed a public communication 
for which a foreign government-influenced entity has made an expenditure, independent 
expenditure, electioneering communication or disbursement in violation of this section, the 
Internet platform shall immediately remove the communication and notify the commission.
8.  Penalties.  The commission may assess a penalty of not more than $5,000 or double 
the amount of the contribution, expenditure, independent expenditure, electioneering 
communication, donation or disbursement involved in the violation, whichever is greater, 
for a violation of this section.  In assessing a penalty under this section, the commission 
shall consider, among other things, whether the violation was intentional and whether the 
person that committed the violation attempted to conceal or misrepresent the identity of the 
relevant foreign government-influenced entity.
9.  Violations.  Notwithstanding section 1004, a person that knowingly violates 
subsections 2 through 5 commits a Class C crime.
10.  Rules.  The commission shall adopt rules to administer the provisions of this 
section. Rules adopted under this subsection are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A.
11.  Applicability.  Notwithstanding section 1051, this section applies to all persons, 
including candidates, their treasurers and authorized committees under section 1013-A, 
subsection 1; party committees under section 1013-A, subsection 3; and committees under 
section 1052, subsection 2.
Sec. 2.  Accountability of Maine's Congressional Delegation to the people 
of Maine with respect to federal anticorruption constitutional amendment.  
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Actively support and promote" means to sponsor or cosponsor in Congress a joint 
resolution proposing pursuant to the United States Constitution, Article V an anticorruption 
constitutional amendment, and to advance such constitutional amendment by engaging, 
working and negotiating with others in Congress, the State of Maine and the United States 
in good faith and without respect to party partisanship to secure passage of such 
constitutional amendment in Congress so that Maine and the several states may consider 
ratification of such constitutional amendment.
B.  "Anticorruption constitutional amendment" means a proposed amendment to the 
United States Constitution that is consistent with the principles of the Maine Resolution 
and the reaffirmation of the Maine Resolution. 
C.  "The Maine Resolution" means the joint resolution, Senate Paper 548, adopted by 
the 126th Legislature of the State of Maine on April 30, 2013 calling for an amendment to 
the United States Constitution to "reaffirm the power of citizens through their government 
to regulate the raising and spending of money in elections."
2.  Reaffirmation of the Maine Resolution.  The Maine Resolution is hereby 
reaffirmed and clarified to call on each member of Maine's Congressional Delegation to 
actively support and promote an effective anticorruption amendment to the United States 
Constitution to secure the following principles and rights:
A.  That governmental power derives from the people, and influence and participation 
in government is a right of all the people and under the Constitution of Maine and the 
United States Constitution, should not be allocated or constrained based on the use of 
wealth to influence the outcome of elections and referenda; and
B.  That Maine and the several states, and Congress with respect to federal elections, 
must have the authority to enact reasonable limits on the role of money in elections and 
referenda to secure the rights of the people of Maine to free speech, representation and 
participation in self-government; the principles of federalism and the sovereignty of the 
against corruption and foreign influence. 
3.  Accountability.  For 7 consecutive years beginning on July 31, 2023, the 
Commission on Governmental Ethics and Election Practices shall issue a report, following 
public comment, identifying anticorruption amendment proposals introduced in Congress, 
and the members of Maine's Congressional Delegation sponsoring such proposals.
SUMMARY
This initiated bill makes the following changes to the election laws.
1.  It prohibits a foreign government-influenced entity from making, directly or 
indirectly, a contribution, expenditure, independent expenditure, electioneering 
communication or any other donation or disbursement of funds to influence the nomination 
or election of a candidate or the initiation or approval of a referendum.  It prohibits a person 
from knowingly or recklessly providing substantial assistance, with or without 
compensation, in the making of an expenditure, independent expenditure, electioneering 
communication or disbursement in violation of this prohibition.  It prohibits a person from 
knowingly soliciting, accepting or receiving a contribution or donation in violation of this 
prohibition and prohibits a person from knowingly or recklessly providing substantial 
assistance, with or without compensation, in the making, solicitation, acceptance or receipt 
of a contribution or donation in violation of this prohibition.
2.  It prohibits a person from structuring or attempting to structure a solicitation, 
contribution, expenditure, independent expenditure, electioneering communication, 
donation, disbursement or other transaction to evade the prohibitions and requirements in 
the initiated bill.
3.  It requires, whenever a foreign government-influenced entity disburses funds to 
finance a public communication to influence the public or government officials on issues 
of state or local policy or foreign relations, that the communication include a clear and 
conspicuous statement naming the foreign government-influenced entity as a sponsor of 
the communication.
4.  It directs each television or radio broadcasting station, provider of cable or satellite 
television, print news outlet and Internet platform to establish due diligence policies to 
prevent the distribution of communications for which foreign government-influenced 
entities have made prohibited expenditures, independent expenditures, electioneering 
communications or disbursements and further directs an Internet platform to, upon 
discovery, immediately remove any such communications from its platform.
5.  It provides that the Commission on Governmental Ethics and Election Practices 
may assess a penalty of not more than $5,000 or double the amount of the contribution, 
expenditure, independent expenditure, electioneering communication, donation or 
disbursement involved in the violation, whichever is greater, for a violation of the initiated 
bill.
6.  The initiated bill also calls on each member of Maine's Congressional Delegation 
to actively support and promote an effective anticorruption amendment to the United States 
Constitution to reaffirm the power of citizens through their government to regulate the 
raising and spending of money in elections.
7.  For 7 consecutive years beginning July 31, 2023, the initiated bill requires the 
Commission on Governmental Ethics and Election Practices to issue a report, following 
public comment, identifying anticorruption amendment proposals introduced in Congress 
and the members of Maine's Congressional Delegation sponsoring such proposals.