SP0383, LD 1262, item 2, ‘An Act Regarding Disclosures on Political Communications’

Amend the bill by striking out the title and substituting the following:

‘An Act Regarding Disclosures on Political Communications’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 21-A MRSA §1014, sub-§1, as amended by PL 2011, c. 389, §10, is further amended to read:

1. Authorized by candidate. Whenever a person makes an expenditure to finance a 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 communication, if authorized by a candidate, a candidate's authorized political committee or their agents, must clearly and conspicuously state that the communication has been so authorized and must clearly state the name and address of the person who made or financed the expenditure for the communication. The following forms of political communication do not require the name and address of the person who made or authorized the expenditure for the communication because the name or address would be so small as to be illegible or infeasible: 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, 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. A communication described in this subsection made via digital or electronic media, radio or television must include an oral statement by the person who paid for the communication stating the person's name and that the person paid for the communication. Statements made using video included as part of a television or digital or electronic media communication must visually display the person in the act of making the statement. When the expenditure for the communication is not made by an individual, the statement must be made by a principal officer of the organization making the expenditure or a person with significant decision-making authority for making the expenditure. A 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 communication. A communication in the form of a sign that is financed by a candidate or the candidate's committee and that clearly identifies the name of the candidate and is lettered or printed individually by hand is not required to include the name and address of the person who made or financed the communication or to include a statement that the communication has been authorized by the candidate, the candidate's authorized committee or their agents.

Sec. 2. 21-A MRSA §1014, sub-§2, as amended by PL 2011, c. 360, §1, is further amended to read:

2. Not authorized by candidate. If the communication described in subsection 1 is not authorized by a candidate, a candidate's authorized political committee or their agents, the communication must clearly and conspicuously state that the communication is not authorized by any candidate and state the name and address of the person who made or financed the expenditure for the communication. If the communication is in written form, the communication must contain at the bottom of the 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." A communication described in this subsection that is made via digital or electronic media, radio or television must include an oral statement by the person who paid for the communication stating that person's name and that the person paid for the communication. Statements made using video included as part of a television or digital or electronic media communication must visually display the person in the act of making the statement. When the expenditure for the communication is not made by an individual, the statement must be made by a principal officer of the organization making the expenditure or a person with significant decision-making authority for making the expenditure.’

summary

This amendment replaces the bill and is the minority report of the committee. It amends the laws governing political communications made using radio, television and digital and electronic media that advocate for the election or defeat of a clearly identified candidate in an election. The amendment requires a statement by the person who paid for the communication stating the person's name and that the person paid for the communication. When the expenditure for the communication is not made by an individual, the statement must be made by a principal officer of the organization or a person with significant decision-making authority for paying for the communication. This statement is required for communications that are authorized by a candidate and those that are not authorized by a candidate.

SP0383 LD 1262	Second Regular Session - 125th Maine Legislature C "A", Filing Number S-432, Sponsored by		LR 593 Item 2
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