LD 1196
pg. 2
Page 1 of 3 PUBLIC Law Chapter 448 Page 3 of 3
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LR 972
Item 1

 
certified as a Maine Clean Election Act candidate under
section 1125, subsection 5 to be any expenditure made to
design, produce or disseminate a communication that names or
depicts a clearly identified candidate and is disseminated
during the 21 days, including election day, before a primary
election; the 21 days, including election day, before a
general election; or during a special election until and on
election day.

 
2.__Rebutting presumption.__A person presumed under this
section to have made an independent expenditure may rebut the
presumption by filing a signed written statement with the
commission within 48 hours of making the expenditure stating that
the cost was not incurred with the intent to influence the
nomination, election or defeat of a candidate, supported by any
additional evidence the person chooses to submit.__The commission
may gather any additional evidence it deems relevant and material
and must determine by a preponderance of the evidence whether the
cost was incurred with intent to influence the nomination,
election or defeat of a candidate.

 
3.__Report required; content; rules.__A person, party
committee, political committee or political action committee that

 
makes independent expenditures aggregating in excess of $100
during any one candidate's election shall file a report with the
commission.__In the case of a municipal election, a copy of the
same information must be filed with the municipal clerk.

 
A.__A report required by this subsection must be filed with
the commission according to a reporting schedule that the
commission shall establish by rule that takes into
consideration existing campaign finance reporting
requirements and matching fund provisions under chapter 14.__
Rules adopted pursuant to this paragraph are routine
technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
B.__A report required by this subsection must contain an
itemized account of each contribution or expenditure
aggregating in excess of $100 in any one candidate's
election, the date and purpose of each contribution or
expenditure and the name of each payee or creditor.__The
report must state whether the contribution or expenditure is
in support of or in opposition to the candidate and must
include, under penalty of perjury, as provided in Title 17-
A, section 451, a statement under oath or affirmation
whether the contribution or expenditure is made in
cooperation, consultation or concert with, or at the request

 
or suggestion of, the candidate or an authorized committee
or agent of the candidate.


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