An Act To Amend the Laws Governing Campaign Finance Reports and the Maine Clean Election Act
PART A
Sec. A-1. 21-A MRSA §1011, 2nd ¶, as enacted by PL 1995, c. 483, §2, is amended to read:
Candidates for municipal office as defined in Title 30-A, section 2502, subsection 1 and referenda as defined in Title 30-A, section 2502, subsection 2 are governed by this subchapter, with the following provisions:
Sec. A-2. 21-A MRSA §1014, sub-§1, as amended by PL 2007, c. 443, Pt. A, §9, is further amended to read:
Sec. A-3. 21-A MRSA §1014, sub-§3-A, as enacted by PL 1991, c. 839, §9, is amended to read:
The use or distribution of in-kind printed materials contributed to a candidate, political committee or political action committee must be reported as an expenditure on the campaign finance report of that candidate, political committee or political action committee.
Sec. A-4. 21-A MRSA §1014-A, as enacted by PL 1995, c. 43, §1, is repealed.
Sec. A-5. 21-A MRSA §1017, sub-§3-A, ¶D-1, as enacted by PL 2007, c. 642, §10, is amended to read:
Sec. A-6. 21-A MRSA §1017, sub-§3-B, as amended by PL 2007, c. 443, Pt. A, §16, is further amended to read:
(1) A report on the 42nd day before the date on which an election is held that is complete as of the 44th day before that date;
(2) For gubernatorial candidates only, a report on the 25th day before the date on which an election is held that is complete as of the 27th day before that date;
(3) A report on the 18th day before the date on which an election is held that is complete as of the 20th day before that date; and
(4) A report on the 6th day before the date on which an election is held that is complete as of the 8th day before that date.
The reports must contain the candidate's total campaign contributions, including any campaign balance from a previous election, obligations and expenditures as of the end date of the reporting period.
The nonparticipating candidate shall file only those reports that are due after the date on which the candidate filed the report required under paragraph A.
(1) For a candidate for Governor, a single expenditure of $1,000;
(2) For a candidate for the state Senate, a single expenditure of $750; and
(3) For a candidate for the state House of Representatives, a single expenditure of $500.
A report filed pursuant to this paragraph must be filed within 24 hours of the expenditure.
The commission shall provide forms to facilitate compliance with this subsection. The commission shall notify a candidate within 48 hours if an amount reported on any report under paragraph B exceeds 1% in excess of the primary or general election distribution amounts for a Maine Clean Election Act candidate in the same race and no report has been received under paragraph A.
Sec. A-7. 21-A MRSA §1017, sub-§5-A, ¶B, as amended by PL 2007, c. 443, Pt. A, §16, is further amended to read:
Sec. A-8. 21-A MRSA §1017-A, sub-§1, as amended by PL 2007, c. 443, Pt. A, §17, is further amended to read:
Sec. A-9. 21-A MRSA §1017-A, sub-§2, as amended by PL 2007, c. 443, Pt. A, §17, is further amended to read:
Sec. A-10. 21-A MRSA §1017-A, sub-§3, as amended by PL 2007, c. 443, Pt. A, §17, is further amended to read:
Sec. A-11. 21-A MRSA §1017-A, sub-§4-A, ¶A, as amended by PL 2007, c. 443, Pt. A, §17, is further amended to read:
(1) On January 15th and must be complete up to January 5th December 31st;
(2) On April 10th and must be complete up to March 31st;
(3) On July 15th and must be complete up to July 5th June 30th; and
(4) On October 10th and must be complete up to September 30th.
Sec. A-12. 21-A MRSA §1017-A, sub-§4-B, ¶A, as amended by PL 2007, c. 443, Pt. A, §17, is further amended to read:
(1) July 15th and be complete as of June 30th;
(2) The 11th day before the date on which the general election is held and must be complete up to the 14th day before that date; and
(3) January 15th and be complete as of December 31st.
Sec. A-13. 21-A MRSA §1020-A, sub-§2, as amended by PL 2007, c. 443, Pt. A, §21, is further amended to read:
Sec. A-14. 21-A MRSA §1020-A, sub-§5-A, ¶A, as amended by PL 2003, c. 448, §4, is further amended to read:
Sec. A-15. 21-A MRSA §1051, 2nd ¶, as enacted by PL 1987, c. 280, is repealed.
Sec. A-16. 21-A MRSA §1052, sub-§5, ¶A, as amended by PL 2007, c. 477, §2, is further amended to read:
(1) Any separate or segregated fund established by any corporation, membership organization, cooperative or labor or other organization whose purpose is to influence the outcome of an election, including a candidate election or ballot question;
(4) Any organization, including any corporation or association, that has as its major purpose initiating, promoting, defeating or influencing a candidate election, campaign or ballot question and that spends receives contributions or makes expenditures aggregating more than $1,500 in a calendar year for that purpose, including for the collection of signatures for a direct initiative or referendum in this State; and
(5) Any organization that does not have as its major purpose promoting, defeating or influencing candidate elections but that spends receives contributions or makes expenditures aggregating more than $5,000 in a calendar year for the purpose of promoting, defeating or influencing in any way the nomination or election of any candidate to political office; and
Sec. A-17. 21-A MRSA §1053, last ¶, as enacted by PL 2007, c. 443, Pt. A, §29, is repealed.
Sec. A-18. 21-A MRSA §1053-A is enacted to read:
§ 1053-A. Municipal elections
Organizations that qualify as political action committees under section 1052, subsection 5 and that are organized to influence elections on the municipal ballot in towns or cities with a population of 15,000 or more shall register and file reports with the municipal clerk as required by Title 30-A, section 2502. The reports must be filed in accordance with the reporting schedule in section 1059 and must contain the information listed in section 1060. A political action 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.
Sec. A-19. 21-A MRSA §1053-B is enacted to read:
§ 1053-B. Out-of-state political action committees
A political action committee organized outside of this State shall register and file reports with the commission in accordance with sections 1053 and 1058. The committee is not required to register and file reports if the committee’s only financial activity within the State is to make contributions to candidates, party committees, political action committees or ballot question committees registered with the commission or a municipality and the committee has not raised and accepted any contributions during the calendar year to influence an election or campaign in this State.
Sec. A-20. 21-A MRSA §1056-B, as amended by PL 2007, c. 477, §4, is further amended to read:
§ 1056-B. Ballot question committees
Any person not defined as a political action committee who solicits and receives contributions or makes expenditures, other than by contribution to a political action committee, aggregating in excess of $5,000 for the purpose of initiating, promoting, defeating or influencing in any way a ballot question must file a report reports with the commission in accordance with this section. In the case of a municipal election, a copy of the same information must be filed with the clerk of that municipality. Within 7 days of receiving contributions or making expenditures that exceed $5,000, the person shall register with the commission as a ballot question committee. For the purposes of this section, expenditures include paid staff time spent for the purpose of influencing in any way a ballot question. The commission must prescribe forms for the registration, and the forms must include specification of a treasurer for the committee, any other principal officers and all individuals who are the primary fund-raisers and decision makers for the committee. In the case of a municipal election, the registration and reports must be filed with the clerk of that municipality.
Sec. A-21. 21-A MRSA §1057, first ¶, as enacted by PL 1985, c. 161, §6, is amended to read:
Any political action committee that makes expenditures which aggregate in excess of $50 to any one or more candidates, committees or campaigns in this State is required to register under section 1053 or 1053-B shall keep records as provided in this section . Records required to be kept under subsections 1, 2 and 3 shall be retained by the political action committee until 10 days after the next election for 4 years following the election to which the records pertain.
Sec. A-22. 21-A MRSA §1058, as amended by PL 2007, c. 477, §5, is further amended to read:
§ 1058. Reports; qualifications for filing
A political action committee that is required to register with the commission under section 1053 or 1053-B shall file a report on its activities in that campaign reports with the commission on forms as prescribed by the commission according to the schedule in section 1059. A political action committee organized in this State required under this section to file a report shall file the report for each filing period under section 1059. A political action committee organized outside this State shall file with the Commission on Governmental Ethics and Election Practices of this State a copy of the report that the political action committee is required to file in the state in which the political action committee is organized. The political action committee shall file the copy only if it has expended funds or received contributions or made expenditures in this State. The copy of the report must be filed in accordance with the schedule of filing in the state where it is organized. If contributions or expenditures are made relating to a municipal office or referendum, the report must be filed with the clerk in the subject municipality.
Sec. A-23. 21-A MRSA §1059, first ¶, as amended by PL 2007, c. 571, §9, is further amended to read:
Committees required to register under section 1053 , 1053-B or 1056-B shall file an initial campaign finance report at the time of registration and thereafter shall file reports in compliance with this section. All reports must be filed by 11:59 p.m. on the filing deadline, except that reports submitted to a municipal clerk must be filed by the close of business on the filing deadline.
Sec. A-24. 21-A MRSA §1059, sub-§2, ¶A, as amended by PL 2007, c. 443, Pt. A, §35, is further amended to read:
(1) On January 15th and must be complete as of January 5th December 31st;
(2) On April 10th and must be complete as of March 31st;
(3) On July 15th and must be complete as of July 5th June 30th; and
(4) On October 10th and must be complete as of September 30th.
Sec. A-25. 21-A MRSA §1060, sub-§4, as amended by PL 2007, c. 443, Pt. A, §36, is further amended to read:
Sec. A-26. 21-A MRSA §1060, sub-§7, as amended by PL 2007, c. 477, §7, is further amended to read:
Sec. A-27. 21-A MRSA §1061, as amended by PL 2007, c. 443, Pt. A, §37, is further amended to read:
§ 1061. Dissolution of committees
Whenever any political action committee determines that it will no longer solicit or accept any contributions , incur any obligations, or make any expenditures to or on behalf of any candidate, political committee, party committee or political action committee to initiate, support, defeat or influence in any way the outcome of a referendum, initiated petition or election and the committee has no outstanding loans, debts or other obligations, the committee shall file a termination report that includes all financial activity from the end date of the previous reporting period through the date of termination with the commission. If a termination report is not filed, the committee shall continue to file periodic reports as required in this chapter. The committee must dispose of any surplus prior to termination. In the termination report, the committee shall report any outstanding loan, debt or obligation in the manner prescribed by the commission.
Sec. A-28. 21-A MRSA §1062-A, sub-§1, as enacted by PL 1995, c. 483, §21, is amended to read:
Sec. A-29. 21-A MRSA §1062-A, sub-§2, as amended by PL 2007, c. 443, Pt. A, §38, is further amended to read:
Sec. A-30. 21-A MRSA §1062-A, sub-§4, as enacted by PL 1995, c. 483, §21, is amended to read:
Sec. A-31. 21-A MRSA §1062-A, sub-§8-A, as enacted by PL 2003, c. 628, Pt. A, §9, is amended to read:
PART B
Sec. B-1. 21-A MRSA §1125, sub-§5, ¶D-3, as enacted by PL 2007, c. 443, Pt. B, §6, is amended to read:
Sec. B-2. 21-A MRSA §1128, as enacted by IB 1995, c. 1, §17, is amended to read:
§ 1128. Study report
By January 30, 2002 March 15, 2011 and every four 4 years after that date, the commission shall prepare for the joint standing committee of the Legislature having jurisdiction over legal affairs a report documenting, evaluating and making recommendations relating to the administration, implementation and enforcement of the Maine Clean Election Act and Maine Clean Election Fund.
summary
Part A makes changes affecting campaign finance reports in the Maine Revised Statutes, Title 21-A, chapter 13. Specifically, Part A:
1. Clarifies that campaign finance reporting regarding ballot questions in towns and cities with a population of 15,000 or more is not governed by chapter 13, subchapter 2;
2. Removes the requirement that candidates must include their address in communications to voters such as signs and literature;
3. Eliminates a provision regulating candidates’ use of endorsements, because the provision was invalidated by the Maine Supreme Judicial Court as unconstitutional;
4. Adjusts the filing deadline for campaign finance reports due on the 42nd day before a general election for legislative and county candidates so that the reports are due at 11:59 p.m. and clarifies that the reporting deadline does not apply to municipal candidates;
5. Removes the requirement that a traditionally financed candidate who has received or spent more than the initial payment received by a Maine Clean Election Act opponent must file an accelerated campaign finance report on the 42nd day before an election, because all legislative candidates must file a full, itemized report by that deadline;
6. Clarifies that the committees of political parties must report expenditures made to support or to oppose candidates;
7. Adjusts the end dates of 2 quarterly campaign finance reports filed by party committees to December 31st and June 30th so that the dates coincide with the end of quarters of the calendar year;
8. Clarifies that municipal and county party committees are not required to file campaign finance reports on the 11th day before a primary election;
9. Specifies that the Commission on Governmental Ethics and Election Practices may partially reduce late filing penalties from statutorily prescribed preliminary amounts if the commission finds that the preliminary amounts are disproportionately high;
10. Permits the Commission on Governmental Ethics and Election Practices to waive penalties against candidates for late financial reporting caused by interruptions in Internet service;
11. Imposes a maximum penalty of $5,000 for the late filing of the candidate campaign finance report due on the 42nd day before the general election;
12. Amends the definition of "political action committee" to include organizations receiving contributions above certain thresholds for the purpose of influencing elections;
13. Clarifies the reporting procedures for political action committees that are raising and spending money to influence municipal elections;
14. Requires political action committees organized outside the State that are raising or spending money to influence Maine elections to file financial reports on forms prescribed by the Commission on Governmental Ethics and Election Practices similar to in-state committees;
15. Specifies that ballot question committees must file financial reports and keep financial records in the same manner as political action committees;
16. Clarifies that political action committees must keep records of their campaign finances for 4 years after the election to which the records pertain;
17. Adjusts the end dates of 2 quarterly campaign finance reports filed by political action committees to December 31st and June 30th so that the dates coincide with the end of quarters of the calendar year;
18. Clarifies that political action committees must report expenditures made to support or to oppose candidates;
19. Requires political action committees to dispose of any surplus money before terminating, and clarifies the procedures for terminating a committee; and
20. Imposes a single maximum of $10,000 for all late filing penalties assessed against political action committees or ballot question committees.
Part B makes changes affecting the Maine Clean Election Act in the Maine Revised Statutes, Title 21-A, chapter 14. Specifically, Part B:
1. Clarifies that candidates who have committed substantial violations of the Maine Clean Election Act or the campaign finance law are ineligible to receive public campaign funding under the Maine Clean Election Act; and
2. Adjusts the quadrennial deadline for the Commission on Governmental Ethics and Election Practices to publish a study report concerning the Maine Clean Election Act so that the report is due on the March 15th after a gubernatorial election.