Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-8 - RECORD KEEPING AND REPORTING

Current through 2024-29, July 17, 2024
1.
Record
				Keeping by Participating and Certified Candidates
. Participating and
				certified candidates and their treasurers must comply with applicable record
				keeping requirements set forth in Title 21-A, chapter 13, subchapter II
				[§1016], and chapter 14 [§1125(12-A)]. Failure to keep or produce the
				records required under Title 21-A and these rules is a violation of the Act for
				which the Commission may impose a penalty. The Commission may also require the
				return of funds for expenditures lacking supporting documentation if a
				candidate or treasurer is found in violation of the record keeping
				requirements. The candidate or the treasurer shall have an opportunity to be
				heard prior to any Commission decision imposing a penalty or requiring the
				return of funds under this section. In addition to these specific actions, the
				Commission may also take any other action authorized under Title 21-A.
A.
Fiduciary Responsibility for
				Funds
. All funds provided to a certified candidate or to a candidate's
				authorized political committee must be segregated from, and may not be
				commingled with, any other funds, other than unspent seed money.
B.
Meal Expenses
. A candidate or
				treasurer must obtain and keep a record for each meal expenditure of more than
				$50. The record must include itemized bills for the meals, the names of all
				participants in the meals, the relationship of each participant to the
				campaign, and the specific, campaign-related purpose of each meal.
C.
Vehicle Travel Expenses
. If a
				campaign uses public campaign funds to reimburse the candidate or another
				individual for their vehicle travel, the candidate or treasurer must obtain and
				keep a record of vehicle travel expenses for which reimbursements are made.
(1)
Amount of reimbursement.
Reimbursement may not exceed the standard mileage rate prescribed for employees
				of the State of Maine for the year in which the election occurs. A candidate
				may be reimbursed for vehicle travel expenses at a rate less than the standard
				mileage rate. A candidate may also reimburse a volunteer for vehicle travel
				expenses at a rate less than the standard mileage rate as long as the
				difference does not exceed $100 per volunteer per election.
(2)
Contents of record.
For each
				trip for which reimbursement is made, a record must be maintained showing the
				dates of travel, the number of miles traveled, the origination (if different
				than the residence of the person reimbursed), destination and purpose of the
				travel, and the total amount claimed for reimbursement. The record should
				contain an affirmation by the person being reimbursed that it is an accurate
				record of the dates, purpose, and distance of the campaign travel. The person
				seeking the reimbursement must have recorded the details of the campaign travel
				contemporaneously with the travel or within two calendar days
				afterward.
(3)
Penalties for
				non-compliance.
The Commission may disallow any vehicle travel
				reimbursements for which the candidate or the treasurer cannot produce a record
				maintained in accordance with this Rule and may require the campaign to repay
				the amount of the reimbursement to the Maine Clean Election Fund. The
				Commission may also assess a penalty pursuant
				21-A
				M.R.S.A. §1127(1) if a
				campaign reimburses travel expenses without having kept a record that is fully
				compliant with the requirements of this Rule.