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 270-3-4 - FUND ADMINISTRATION

Current through 2024-29, July 17, 2024
1.
Coordination with State Agencies
. The Commission will coordinate
				with the Office of the Controller and other relevant State agencies to ensure
				the use of timely and accurate information regarding the status of the
				Fund.
2.
Publication of Fund
				Revenue Estimates
. The Commission will provide the Legislature and
				Governor with financial projections required under the Act [§1124(4)] and
				may submit legislation to request additional revenues to the Fund if the
				Commission determines that projected revenue will not be sufficient to meet
				demands.
3.
Computation of
				Disbursement Amounts
. Every two years, the Commission shall adjust the
				amounts of distributions made to candidates in accordance with the Act
				[§§ 1125(8-B) - (8-F)].
4.
Authorizing Contributions due to
				Shortfall in the Fund
.
A.
Authorization by Commission to accept contributions.
If the
				Commission determines that the revenues in the Fund may be insufficient to make
				payments under section 1125 of the Act, the Commission may reduce payments of
				public campaign funds to certified candidates and permit them to accept and
				spend contributions in accordance with the Act [§1125(13-A)].
B.
Limitations on permitted
				contributions.
If permitted to accept contributions, a certified
				candidate may not accept a contribution in cash or in-kind from any
				contributor, including the candidate and the candidate's spouse or domestic
				partner, that exceeds the applicable statutory contribution limit as adjusted
				for inflation. [§§ 1015(1) & (2)]. A candidate may not solicit or
				receive any funds in the form of a loan with a promise or expectation that the
				funds will be repaid to the contributor. If a contributor made a seed money
				contribution to a candidate, the amount of the seed money contribution shall
				count toward the contribution limit for the primary election. For an unenrolled
				candidate, a replacement candidate, or candidate in a special election, a seed
				money contribution shall count toward the contribution limit for the election
				in which the candidate is running.
C.
Apportioning reductions in public
				funds payments.
Upon determining the amount of the projected shortfall,
				the Commission shall then determine the amount and apportionment of the
				reductions in payments to certified candidates.
D.
Campaign contributions to replace
				matching funds.
[Repealed]
E.
Written notice to candidates.
The Commission shall notify participating and certified candidates in writing
				of any projected shortfall in the Fund and specify timelines and procedures for
				compliance with this subsection in the event of a shortfall.
F.
Procedures for candidates.
The candidate shall deposit any authorized contributions into the campaign
				account into which
Maine Clean Election Act
funds have been
				deposited. The candidate shall disclose all contributions received in regular
				campaign finance reports. The Commission's expenditure guidelines for
Maine Clean Election Act
funds apply to the spending of the
				contributions authorized under this subsection.
G.
Disposing of surplus campaign
				funds.
After the election, the candidate must return any surplus
				campaign funds which the candidate was authorized to spend to the Commission
				upon the filing of the 42-day post-election report except for any money
				retained for purposes of an audit by the Commission pursuant to section
				7, subsection
				2(B). If the candidate
				has collected campaign contributions which the candidate was not authorized to
				spend, the candidate may dispose of those funds within 60 days after the
				election by returning them to the contributors, donating them to the Maine
				Clean Election Fund, or by making an unrestricted gift to the State. All
				expenditures of surplus campaign funds must be disclosed in campaign finance
				reports in accordance with
				21-A
				M.R.S.A. §1017.
H.
Effect of fundraising on matching
				funds calculation.
[Repealed]