An Act Regarding Campaign Finance Disclosure
Maine Legislature, Session 132, LD 0009
Sponsors: HICKMAN
Amends: 21-A MRSA §1001, 21-A MRSA §1004, 21-A MRSA §1004-A, 21-A MRSA §1005, 21-A MRSA §1007, 21-A MRSA §1012, 21-A MRSA §1014, 21-A MRSA §1017, 21-A MRSA §1019-B, 21-A MRSA §1020-A, 21-A MRSA §1052, 21-A MRSA §1053-A, 21-A MRSA §1055, 21-A MRSA §1055-A, 21-A MRSA §1057, 21-A MRSA §1062-A, 21-A MRSA §1064, 30-A MRSA §2502

Legislative Document
No. 9
S.P. 22
In Senate, January 8, 2025
An Act Regarding Campaign Finance Disclosure
Submitted by the Commission on Governmental Ethics and Election Practices pursuant to 
Joint Rule 204.
Received by the Secretary of the Senate on January 6, 2025.  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 HICKMAN of Kennebec.
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.  Public communication.  "Public communication" means a communication to the 
public by means of broadcast, cable or satellite communication; newspapers, direct mail, 
handbills or other printed literature; campaign signs or other outdoor advertising facilities; 
and prerecorded automated telephone calls or other types of general public political 
advertising. For the purposes of this subsection, "general public political advertising" does 
not include communication over the Internet, except for communications placed or 
promoted for a fee on another person's website, digital device, application or advertising 
platform.
Sec. 2.  21-A MRSA §1004, sub-§4, as amended by PL 2013, c. 334, §1, is further 
amended to read:
4.  Registration; political action committees.  A political action committee or ballot 
question committee required to be registered under section 1052‑A or 1056-B may not 
operate in this State unless it is so registered.
Sec. 3.  21-A MRSA §1004-A, sub-§3, as enacted by PL 2003, c. 628, Pt. A, §1, is 
amended to read:
3.  Contribution in name of another person.  A person that makes a contribution in 
the name of another person, that knowingly permits that person's name to be used to effect 
such a contribution or that knowingly accepts a contribution made by one person in the 
name of another person, may be assessed a penalty not to exceed $5,000 500% of the 
amount of the contribution.
Sec. 4.  21-A MRSA §1005, as enacted by PL 2007, c. 571, §7, is amended to read:
§1005.  Restrictions on commercial use of contributor information
Information concerning contributors contained in campaign finance reports filed by 
candidates, political action committees and party committees and reports filed under 
section 1056‑B may not be used for any commercial purpose, including, but not limited to, 
the sales and marketing of products and services, or for solicitations of any kind not directly 
related to activities of a political party, so-called "get out the vote" efforts or activities 
directly related to a campaign as defined in section 1052.  Any person obtaining contributor 
information from the reports is prohibited from selling or distributing it to others to use for 
commercial purposes and also is prohibited from making publicly available the mailing 
addresses of contributors. This section does not prohibit a political party, party committee, 
candidate committee, political action committee or any other organization that has obtained 
contributor information from the commission from providing access to such information to 
its members for purposes directly related to party activities, so-called "get out the vote" 
efforts or a campaign as defined in section 1052.  A person who violates this section is 
subject to a fine of up to $5,000.  A person who knowingly violates this section commits a 
Class E crime.
Sec. 5.  21-A MRSA §1007 is enacted to read:
§1007.  Public communication placed or promoted for a fee
A public communication is considered placed or promoted for a fee when a payment 
is made to a website, digital device, application or advertising platform in order to increase 
the circulation, prominence or availability of the public communication on that website, 
digital device, application or advertising platform.
Sec. 6.  21-A MRSA §1012, sub-§2, ¶A, as amended by PL 1995, c. 483, §3, is 
further amended by repealing subparagraph (2).
Sec. 7.  21-A MRSA §1014, as amended by PL 2023, c. 324, §8, is further amended 
to read:
§1014.  Publication or distribution of political public communications
1.  Authorized by candidate.  Whenever a person makes an expenditure to finance a 
public communication expressly advocating the election or defeat of a clearly identified 
candidate through broadcasting stations, cable television systems, newspapers, magazines, 
campaign signs or other outdoor advertising facilities, publicly accessible sites on the 
Internet, direct mails or other similar types of general public political advertising or through 
flyers, handbills, bumper stickers and other nonperiodical publications, the public 
communication, if authorized by a candidate, a candidate's authorized political committee 
or their a candidate's or a candidate's authorized political committee's agents, must clearly 
and conspicuously state that the public communication has been so authorized and must 
clearly state the name and address of the person who made or financed the expenditure for 
the public communication.  A public communication financed by a candidate or the 
candidate's committee is not required to state the address of the candidate or committee that 
financed the public communication.  If a public communication that is financed by someone 
other than the candidate or the candidate's authorized committee is broadcast by radio, only 
the city and state of the address of the person who financed the public communication must 
be stated.
2.  Not authorized by candidate.  If the a public communication described in 
subsection 1 is not authorized by a candidate, a candidate's authorized political committee 
or their a candidate's or a candidate's authorized political committee's agents, the public 
communication must clearly and conspicuously state that the public communication is not 
authorized by any candidate and state the name and address of the person who made or 
financed the expenditure for the public communication, except that a public 
communication broadcast by radio is only required to state the city and state of the address 
of the person that financed the public communication.  If the public communication is in 
written form, the public communication must contain at the bottom of the public 
communication in print that is no smaller in size than 12-point bold print, Times New 
Roman font, the words "NOT PAID FOR OR AUTHORIZED BY ANY CANDIDATE."
2-A.  Other public communications.  Whenever a person makes an expenditure to 
finance a public communication that names or depicts a clearly identified candidate and 
that is disseminated during the 28 days, including election day, before a primary election, 
during the 35 days, including election day, before a special election or during the period of 
time from Labor Day to the election day for a general election through the media described 
in subsection 1, the public communication must state the name and address of the person 
who made or financed the public communication and a statement that the public 
communication was or was not authorized by the candidate, except that a public 
communication broadcast by radio is only required to state the city and state of the address 
of the person that financed the public communication.  The disclosure is not required if the 
public communication was not made for the purpose of influencing the candidate's 
nomination for election or election.
2-B.  Top 3 funders; independent expenditures.  A public communication that is 
funded by an entity making an independent expenditure as defined in section 1019‑B, 
subsection 1 must conspicuously include the following statement:
"The top 3 funders of (name of entity that made the independent expenditure) are (names 
of top 3 funders)."
The information required by this subsection may appear simultaneously with any statement 
required by subsection 2 or 2‑A.  A public communication that contains a visual aspect 
must include the statement in written text.  A public communication that does not contain 
a visual aspect must include an audible statement.  This statement is required only for public 
communications made through broadcast or cable television, broadcast radio, Internet 
audio and video programming, direct mail or newspaper or other periodical publications.
A cable television, broadcast television or Internet video communication must include both 
an audible and a written statement.  For a cable television, broadcast television or Internet 
video communication 30 seconds or less in duration, the audible statement may be modified 
to include only the single top funder.
The top funders named in the required statement consist of the funders providing the 
highest dollar amount of funding to the entity making the independent expenditure since 
the day following the most recent general election day.
A.  For purposes of this subsection, "funder" includes:
(1)  Any entity that has made a contribution as defined in section 1052, subsection 
to the entity making the independent expenditure since the day following the 
most recent general election day; and
(2)  Any entity that has given a gift, subscription, loan, advance or deposit of money 
or anything of value, including a promise or agreement to provide money or 
anything of value whether or not legally enforceable, except for transactions in 
which a fair value is given in return, since the day following the most recent general 
election day.
B.  If funders have given equal amounts, creating a tie in the ranking of the top 3 
funders, the tie must be broken by naming the tying funders in chronological order of 
the receipt of funding until 3 funders are included in the statement.  If the chronological 
order cannot be discerned, the entity making the independent expenditure may choose 
which of the tying funders to include in the statement.  In no case may a A public 
communication may not be required to include the names of more than 3 funders.
C.  The statement required under this subsection is not required to include the name of 
any funder who has provided less than $1,000 to the entity making the independent 
expenditure since the day following the most recent general election day.
D.  If only one or 2 funders must be included pursuant to this subsection, the public 
communication must identify the number of funders as "top funder" or "top 2 funders" 
as appropriate.  If there are no funders required to be included under this subsection, 
no statement is required.
E.  When compiling the list of top funders, an entity making an independent 
expenditure may disregard any funds that the entity can show were used for purposes 
unrelated to the candidate mentioned in the public communication on the basis that 
funds were either spent in the order received or were strictly segregated in other 
accounts.
F.  In any public communication consisting of an audio broadcast of 30 seconds or less 
or a print communication of 20 square inches or less, the requirements of this 
subsection are satisfied by including the name of the single highest funder only.
G.  If the list of funders changes during the period in which a recurring public 
communication is aired or published, the statement appearing in the public 
communication must be updated at the time that any additional payments are made for 
that public communication.
H.  The commission may establish by routine technical rule, adopted in accordance 
with Title 5, chapter 375, subchapter 2‑A, forms and procedures for ensuring 
compliance with this subsection.  Rules adopted pursuant to this paragraph must ensure 
that the information required by this subsection is effectively conveyed for a sufficient 
duration and in a sufficient font size or screen size where when applicable without 
undue burden on the ability of the entity to make the public communication.  The rules 
must also provide an exemption for types of public communications for which the 
required statement would be impossible or impose an unusual hardship due to the 
unique format or medium of the public communication.
3.  Broadcasting prohibited without disclosure.  No A person operating a 
broadcasting station or cable television system within this State may not broadcast any 
public communication, as described in subsections 1 to 2‑A, without an oral or written 
visual announcement of the disclosure required by this section.
3-A.  In-kind contributions of printed materials.  A candidate, political committee 
or political action committee shall report on the campaign finance report as a contribution 
to the candidate, political committee or political action committee any contributions of in-
kind printed materials to be used in the support of a candidate or in the support or defeat of 
a ballot question.  Any in-kind contributions of printed materials used or distributed by a 
candidate, political committee or political action committee must include the name or title 
of that candidate, political committee or political action committee as the authorizing agent 
for the printing and distribution of the in-kind contribution.
3-B.  Newspapers.  A newspaper may not publish a public communication described 
in subsections 1 to 2‑A without including the disclosure required by this section.  For 
purposes of this subsection, "newspaper" includes any printed material intended for general 
circulation or to be read by the general public, including a version of the newspaper 
displayed on a website owned or operated by the newspaper.  When necessary, a newspaper 
may seek the advice of the commission regarding whether or not the a communication 
requires the disclosure.
4.  Enforcement.  A violation of this section may result in a civil penalty of no more 
than 100% of the amount of the expenditure in violation, except that an expenditure for 
yard signs lacking the required information may result in a maximum civil penalty of $200.  
In assessing a civil penalty, the commission shall consider, among other things, how widely 
the public communication was disseminated, whether the violation was intentional, 
whether the violation occurred as the result of an error by a printer or other paid vendor 
and whether the public communication conceals or misrepresents the identity of the person 
who financed it.  If the person who financed the public communication or who committed 
the violation corrects the violation within 10 days after receiving notification of the 
violation from the commission by adding the missing information to the public 
communication, the commission may decide to assess no civil penalty.
5.  Telephone calls.  Prerecorded automated telephone calls and scripted live telephone 
communications that name a clearly identified candidate during the 28 days, including 
election day, before a primary election, during the 35 days, including election day, before 
a special election or during the period of time from Labor Day to the general election day 
for a general election must clearly state the name of the person who made or financed the 
expenditure for the communication and whether the communication was authorized by a 
candidate, except for prerecorded automated telephone calls paid for by the candidate that 
use the candidate's voice in the telephone call and that are made in support of that candidate.  
Telephone surveys that meet generally accepted standards for polling research and that are 
not conducted for the purpose of influencing the voting position of call recipients are not 
required to include the disclosure.
5-A.  Text messages.  Text messages sent with the assistance of mass distribution 
technology that is paid for by a person must clearly and conspicuously state the name of 
the person who made or financed the expenditure if:
A.  The text message expressly advocates the election or defeat of a candidate; or
B.  The text message contains a link to a website that expressly advocates the election 
or defeat of a candidate.
5-B.  Websites of candidate or political committee.  A website or other Internet 
application available to the general public that is established by a party committee or a 
person that is required to register with the commission as a candidate or political action 
committee and that expressly advocates for the election or defeat of a candidate or that 
names a clearly identified candidate during the 28 days, including election day, before a 
primary election, during the 35 days, including election day, before a special election or 
during the period of time from Labor Day to the election day for a general election must 
state the name and address of the person who made or financed the expenditure for the 
website or other Internet application and state that the website or other Internet application 
was or was not authorized by the candidate.
6.  Exclusions.  The requirements of this section do not apply to:
A.  Handbills or other literature produced and distributed at a cost not exceeding $100 
and prepared by one or more individuals who are not required to register or file 
campaign finance reports with the commission and who are acting independently of 
and without authorization by a candidate, candidate's authorized campaign committee, 
party committee, political action committee or ballot question committee or an agent 
of a candidate, candidate's authorized campaign committee, party committee, political 
action committee or ballot question committee;
B.  Campaign signs produced and distributed at a cost not exceeding $100, paid for by 
one or more individuals who are not required to register or file campaign finance 
reports with the commission and who are acting independently of and without 
authorization by a candidate, candidate's authorized campaign committee, party 
committee, political action committee or ballot question committee or an agent of a 
candidate, candidate's authorized campaign committee, party committee, political 
action committee or ballot question committee;
C.  Internet and e-mail activities costing less than $100, as excluded by rule of the 
commission, paid for by one or more individuals who are not required to register or 
file campaign finance reports with the commission and who are acting independently 
of and without authorization by a candidate, candidate's authorized campaign 
committee, party committee, political action committee or ballot question committee 
or an agent of a candidate, candidate's authorized campaign committee, party 
committee, political action committee or ballot question committee;
D.  Communications Public communications in which the name or address of the 
person who made or authorized the expenditure for the public communication would 
be so small as to be illegible or infeasible, including public communications on items 
such as ashtrays, badges and badge holders, balloons, campaign buttons, clothing, 
coasters, combs, emery boards, envelopes, erasers, glasses, key rings, letter openers, 
matchbooks, nail files, noisemakers, paper and plastic cups, pencils, pens, plastic 
tableware, 12-inch or shorter rulers, swizzle sticks, tickets to fund-raisers fundraisers 
and similar items determined by the commission to be too small and unnecessary for 
the disclosures required by this section and in electronic media advertisements where 
compliance with this section would be impractical due to size or character limitations; 
and
E.  Campaign signs that are financed by the candidate or candidate's authorized 
committee and that clearly identify the name of the candidate and are lettered or printed 
individually by hand.;
F.  Prerecorded automated telephone calls paid for by the candidate that use the 
candidate's voice in the telephone call and that are made in support of that candidate; 
and
G.  Telephone surveys that meet generally accepted standards for polling research and 
that are not conducted for the purpose of influencing the voting position of call 
recipients.
Sec. 8.  21-A MRSA §1017, sub-§7-A, ¶A, as amended by PL 2009, c. 138, §1, is 
further amended to read:
A.  A candidate seeking election to a county or municipal office may, at the time the 
candidate registers under section 1013‑A, notify the commission that the candidate and 
the candidate's agents, if any, will not personally accept contributions, make 
expenditures or incur obligations associated with that candidate's candidacy.  The 
notification must be sworn and notarized made through an online or written form 
prescribed by the commission.  A candidate who provides this notice to the commission 
is not required to appoint a treasurer and is not subject to the filing requirements of this 
subchapter if the statement is true.
Sec. 9.  21-A MRSA §1017, sub-§7-A, ¶A-1, as enacted by PL 2015, c. 350, §5, 
is amended to read:
A-1.  A legislative candidate seeking the nomination of a party in an uncontested 
primary election may, at the time the candidate registers under section 1013‑A, notify 
the commission that the candidate and the candidate's agents, if any, will not personally 
accept contributions, make expenditures or incur obligations associated with that 
candidate's candidacy through the 35th day after the primary election.  The notification 
must be sworn and notarized made through an online or written form prescribed by the 
commission.  A candidate who provides this notice to the commission is not required 
to appoint a treasurer or to file the campaign finance reports under subsection 3‑A, 
paragraphs B and D with respect to the primary election.
Sec. 10.  21-A MRSA §1017, sub-§8, ¶F, as amended by PL 1995, c. 193, §1, is 
further amended to read:
F.  Repaying any loans or retiring any other debts incurred to defray campaign expenses 
of the candidate in the course of the candidate's campaign activity;
Sec. 11.  21-A MRSA §1019-B, sub-§1, ¶A, as amended by PL 2021, c. 132, §7, 
is further amended to read:
A.  Is made to design, produce or disseminate any public communication that expressly 
advocates the election or defeat of a clearly identified candidate; or
Sec. 12.  21-A MRSA §1019-B, sub-§1, ¶B, as amended by PL 2023, c. 324, §10, 
is further amended to read:
B.  Unless the person, party committee or political action committee making the 
expenditure demonstrates under subsection 2 that the expenditure did not have a 
purpose or effect of influencing the nomination, election or defeat of the candidate, is 
made to design, produce or disseminate a public communication that names or depicts 
a clearly identified candidate and is disseminated during the 28 days, including election 
day, before a primary election; during the 35 days, including election day, before a 
special election; or from Labor Day to a general election day.
Sec. 13.  21-A MRSA §1020-A, sub-§6, as amended by PL 2013, c. 334, §17, is 
further amended to read:
6.  Request for a commission determination.  If the commission staff finds that a 
candidate or political committee has failed to file a report required under this subchapter, 
the commission staff shall mail a notice to the candidate or political committee within 3 
business days following the filing deadline informing the candidate or political committee 
that a report was not received.  If a candidate or a political committee files a report required 
under this subchapter late, a notice of preliminary penalty must be sent to the candidate or 
political committee whose registration or campaign finance report was not received by 
11:59 p.m. on the deadline date, informing the candidate or political committee of the staff 
finding of violation and preliminary penalty calculated under subsection 4‑A and providing 
the candidate or political committee with an opportunity to request a determination by the 
commission.  Any request for a determination must be made within 14 calendar days of 
receipt of the commission's notice.  A candidate or political committee requesting a 
determination may either appear in person or designate a representative to appear on the 
candidate's or political committee's behalf or submit a sworn statement explaining the 
mitigating circumstances for consideration by the commission.  A final determination by 
the commission 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.
Sec. 14.  21-A MRSA §1020-A, sub-§8, as amended by PL 2007, c. 443, Pt. A, 
§25, is repealed and the following enacted in its place:
8.  Penalties for failure to file report.  If the commission staff finds that a candidate, 
party committee or other person has failed to file a report required under this subchapter, 
the commission staff shall send by regular mail and e-mail a notice to the candidate, party 
committee or person within 3 business days following the filing deadline informing the 
candidate, party committee or person that the report has not been received.  If the report 
remains unfiled after 10 days, the commission staff shall send another notice by regular 
mail and e-mail.  If the candidate, party committee or person has not filed the report after 
these 2 notices, the commission staff may refer the violation to the commission, which 
may, after providing notice and an opportunity to be heard, determine whether a violation 
has occurred and, if so, the amount of any penalty.  The penalty may not exceed the 
maximum penalties as provided in subsection 5-A.  A candidate party committee or other 
person who fails to file a report as required by this subchapter after the commission has 
sent the first 2 notices required by this subsection is guilty of a Class E crime.  As an 
alternative to assessing a penalty, the commission may refer the violation to the Office of 
the Attorney General for potential criminal prosecution.
Sec. 15.  21-A MRSA §1020-A, sub-§8-A, as enacted by PL 2003, c. 628, Pt. A, 
§6, is repealed.
Sec. 16.  21-A MRSA §1020-A, sub-§9, as enacted by PL 1995, c. 483, §15, is 
repealed.
Sec. 17.  21-A MRSA §1052, sub-§3, ¶B, as amended by PL 2021, c. 217, §3, is 
repealed.
Sec. 18.  21-A MRSA §1052, sub-§4-B, as enacted by PL 2011, c. 389, §31, is 
amended to read:
4-B.  Initiate.  "Initiate" includes the collection of signatures on petitions and related 
activities to qualify a state or local initiative or referendum for the ballot.
Sec. 19.  21-A MRSA §1053-A, as amended by PL 2023, c. 314, §1, is further 
amended to read:
§1053-A.  Municipal elections
If an organization qualifies as a committee under section 1052, subsection 2 and that 
organization receives contributions or makes expenditures to influence a municipal 
campaign election in towns or cities with a population of 15,000 or more, that organization 
must shall register and file reports with the municipal clerk as required by Title 30‑A, 
section 2502. If an organization qualifies as a ballot question committee under section 
1052, subsection 2‑A and that organization receives contributions or makes expenditures 
exceeding $5,000 to influence a municipal referendum campaign in a town or city with a 
population of less than 15,000, that organization must shall register and file reports with 
the commission using the electronic filing system pursuant to section 1059, subsection 5. 
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 
the filing of registrations or campaign finance reports relating to municipal campaigns 
elections in towns or cities with a population of 15,000 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 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. 20.  21-A MRSA §1055, as amended by PL 2007, c. 443, Pt. A, §31, is further 
amended to read:
§1055.  Publication or distribution of political public communications
A political action committee that makes an expenditure to finance a public 
communication expressly advocating the election or defeat of a candidate  or that names or 
depicts a clearly identified candidate is subject to the requirements of section 1014.
Sec. 21.  21-A MRSA §1055-A, as amended by PL 2023, c. 324, §15, is further 
amended by amending the section headnote to read:
§1055-A.  Political public communications to influence a ballot question
Sec. 22.  21-A MRSA §1055-A, sub-§1, as amended by PL 2023, c. 324, §15, is 
further amended to read:
1.  Communications Public communications to influence ballot question elections.  
Whenever a person makes an expenditure exceeding $500 for a public communication 
expressly advocating through broadcasting stations, cable television systems, prerecorded 
automated telephone calls or scripted live telephone calls, newspapers, magazines, 
campaign signs or other outdoor advertising facilities, publicly accessible sites on the 
Internet, direct mails or other similar types of general public political advertising or through 
flyers, handbills, bumper stickers and other nonperiodical publications, for or against an 
initiative or referendum that is on the ballot, the public communication must clearly and 
conspicuously state the name and address of the person who made or financed the 
expenditure for the public communication, except that telephone calls must clearly state 
only the name of the person who made or financed the expenditure for the public 
communication.  A digital public communication, including the transmission of text 
messages, costing more than $500 that expressly advocates for or against an initiative or 
referendum or that includes a link to a publicly accessible website expressly advocating for 
or against an initiative or referendum that is on the ballot containing express advocacy must 
clearly and conspicuously state the name of the person who made or financed the 
expenditure, unless the digital communication is excluded under subsection 2.  A website 
established by a person required to register as a ballot question committee expressly 
advocating for or against an initiative or referendum must clearly and conspicuously state 
the name and address of the person who made or financed the expenditure for the website.  
Telephone surveys that meet generally accepted standards for polling research and that are 
not conducted for the purpose of influencing the voting position of call recipients are not 
required to include the disclosure.
Sec. 23.  21-A MRSA §1055-A, sub-§2, as enacted by PL 2013, c. 334, §24, is 
amended to read:
2.  Exceptions.  The following forms of political public communication do not require 
the name and address of the person who made or financed the expenditure for the public 
communication because the name or address would be so small as to be illegible or 
infeasible: clothing, envelopes and stationery, small promotional items, tickets to 
fundraisers and electronic media advertisements where compliance with this section would 
be impracticable due to size or character limitations and similar items determined by the 
commission to be too small and unnecessary for the disclosures required by this section.  
"Small promotional items" includes but is not limited to ashtrays, badges and badge 
holders, balloons, campaign buttons, coasters, combs, emery boards, erasers, glasses, key 
rings, letter openers, matchbooks, nail files, noisemakers, paper and plastic cups, pencils, 
pens, plastic tableware, 12-inch or shorter rulers and swizzle sticks.
Sec. 24.  21-A MRSA §1057, sub-§4, as amended by PL 2021, c. 217, §9, is further 
amended to read:
4.  Account statements.  The treasurer of a committee shall keep account statements 
relating to the deposit of funds of the committee for the campaign account required by 
section 1054.
Sec. 25.  21-A MRSA §1062-A, sub-§5, as amended by PL 2019, c. 563, §20, is 
further amended to read:
5.  Request for a commission determination.  If the commission staff finds that a 
committee has failed to file a report required under this subchapter, the commission staff 
shall mail a notice to the treasurer of the committee within 3 business days following the 
filing deadline informing the treasurer that a report was not received.  If a committee files 
a report required under this subchapter late, a notice of preliminary penalty must be 
forwarded to the treasurer of the committee whose report is not received by 11:59 p.m. on 
the deadline date, informing the treasurer of the commission staff finding of violation and 
preliminary penalty calculated under subsection 3 and providing the treasurer with an 
opportunity to request a determination by the commission.  A request for determination 
must be made within 14 calendar days of receipt of the commission's notice.  A principal 
officer or treasurer requesting a determination may either appear in person or designate a 
representative to appear on the principal officer's or treasurer's behalf or submit a sworn 
statement explaining the mitigating circumstances for consideration by the commission.  A 
final determination by the commission 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.
Sec. 26.  21-A MRSA §1062-A, sub-§7, as amended by PL 2019, c. 563, §22, is 
repealed.
Sec. 27.  21-A MRSA §1062-A, sub-§8, as amended by PL 2003, c. 628, Pt. A, §8, 
is repealed and the following enacted in its place:
8.  Penalties for failure to file report.  If the commission staff finds that a committee 
or other person has failed to file a report required under this subchapter, the commission 
staff shall send by regular mail and e-mail a notice to the committee treasurer or other 
responsible officer within 3 business days following the filing deadline informing the 
committee treasurer or other responsible officer that the report has not been received. If the 
report remains unfiled after 10 days, the commission staff shall send another notice by 
regular mail and e-mail. If the committee or other person has not filed the report after these 
notices, commission staff may refer the violation to the commission, which may, after 
providing notice and an opportunity to be heard, determine whether a violation has occurred 
and, if so, the amount of any penalty. The maximum penalty for failure to file a report 
required under section 1059 is $10,000 or the amount of financial activity not reported, 
whichever is greater. A person who fails to file a report as required by this subchapter after 
the commission has sent the first 2 notices required in this subsection is guilty of a Class E 
crime, except that, if a penalty is assessed pursuant to this subsection and collected by the 
commission, the State may not prosecute a violation under this subsection.
Sec. 28.  21-A MRSA §1062-A, sub-§8-A, as amended by PL 2023, c. 405, Pt. A, 
§49, is repealed.
Sec. 29.  21-A MRSA §1064, sub-§1, ¶H, as enacted by IB 2023, c. 2, §1, is 
repealed.
Sec. 30.  30-A MRSA §2502, as amended by PL 2023, c. 314, §2, is further amended 
to read:
§2502.  Campaign reports and registrations in municipal elections
1.  Reports and registrations by candidates.  A candidate for municipal office of 
Financial activities by candidates and others to influence elections for municipal office in 
a town or city with a population of 15,000 or more is are 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.
2.  Municipal referenda campaigns.  Municipal referenda campaign finance reporting 
is campaigns are governed by Title 21‑A, chapter 13, subchapter 4.
3.  Public access to records.  A town or city that receives registrations or reports 
pursuant to this section must keep them for 8 years.
SUMMARY
This bill updates campaign finance disclosure laws as follows.
1.  It defines "public communication" to clarify which types of communications to 
voters must disclose the person who financed the communication and require the filing of 
an independent expenditure report.
2.  It authorizes the Commission on Governmental Ethics and Elections Practices to 
assess a penalty of up to 5 times the amount of the contribution when a person has made a 
contribution in the name of another or knowingly permitted the person's name to be used 
to effect such a contribution.
3.  It eliminates from the definition of "contribution" in the Maine Revised Statutes, 
Title 21-A, section 1012 a contract, promise or agreement to give money or something of 
value to influence an election, which also affects cross-references to that term in Title 1 
regarding legislative ethics and Title 3 regarding lobbyist disclosure procedures.
4.  It requires that the website of a candidate, party committee, political action 
committee or ballot question committee that advocates for or against a candidate or ballot 
question must identify the person who financed the website.
5.  It authorizes county and municipal candidates, and legislative candidates in a 
primary election, to make an online affirmation that they will not receive contributions or 
make expenditures to promote their elections in order to obtain an exemption from 
campaign finance reporting.
6.  It requires the commission to send 2 written notices by regular mail and e-mail 
before initiating any penalty proceeding when a committee or other person fails to file a 
campaign finance report.
7.  It eliminates the requirement for the commission to post a public list of candidates 
and political committees that have filed campaign finance reports late.
8.  It clarifies that an organization that receives contributions or makes expenditures 
exceeding $5,000 to influence a municipal referendum in a town or city with a population 
of less than 15,000 must register and file campaign finance reports with the commission.
9.  It requires text messages that expressly advocate for or against a ballot question to 
disclose the name of the person that financed the messages when that person has spent more 
than $500 on the messaging campaign. 
10.  It requires account statements maintained by political action committees and ballot 
question committees to cover the financial activity in the committee's campaign account 
generally, not just the committee's deposits.
11.  It clarifies that state campaign finance law applies to the financial activities of 
candidates, party committees, political action committees and others to influence elections 
for municipal office in towns and cities with a population of 15,000 or more.
12.  It clarifies that disclaimer, record-keeping and other requirements in state 
campaign finance law pertaining to ballot question elections apply to municipal referenda 
and initiatives.
13.  It exempts certain telephone calls from the requirements applicable to political 
communications.
14.  It removes certain notices that the commission is required to provide when certain 
reports have not been filed.