‘An Act To Prohibit Campaign Fund-raising at the Voting Place and To Provide Allocation of Clean Election Funds and Amend Certain Other Election Laws’
Amend the bill by striking out the title and substituting the following:
Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation provides for the allocation of funds that are immediately necessary; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,’
Amend the bill by adding after section 1 the following:
‘Sec. 2. 21-A MRSA §1016, sub-§3, as amended by PL 2013, c. 334, §8, is further amended to read:
3. Record keeping. The candidate or treasurer shall keep a detailed and exact account of:
A. All contributions made to or for the candidate or committee, including any contributions by the candidate;
B. The name and address of every person making a contribution in excess of $10, the date and amount of that contribution and, if a person's contributions in any report filing period aggregate more than $50, the account must include the contributor's occupation and principal place of business, if any. If the contributor is the candidate or a member of the candidate's immediate family, the account must also state the relationship. For purposes of this paragraph, "filing period" is as provided in section 1017, subsections 2 and 3-A;
C. All expenditures made by or on behalf of the committee or candidate; and
D. The name and address of every person to whom any expenditure is made and the date and amount of the expenditure . ; and
E. For all bulk mail distributed to voters, official proof of mailing from the United States Postal Service or the mailing service used.
Sec. 3. 21-A MRSA §1125, sub-§8-B, ¶D, as enacted by IB 2015, c. 1, §25, is amended to read:
D. For a contested general election, the amount of revenues distributed is as follows:
(1) The initial distribution of revenues is $600,000 per candidate;
(2) For each increment of 1,200 additional qualifying contributions a candidate collects and submits pursuant to subsection 8-E, not to exceed a total of 9,600 additional qualifying contributions, the supplemental distribution of revenues to that candidate is $175,000; and
(2-A) Notwithstanding subparagraph (2), for a contested general election held in November 2018, for each increment of 1,200 additional qualifying contributions a candidate collects and submits pursuant to subsection 8-E, not to exceed a total of 7,200 additional qualifying contributions, the supplemental distribution of revenues to that candidate is $175,000; and
(3) The total amount of revenues distributed for a contested general election may not exceed $2,000,000 per candidate.
Sec. 4. 21-A MRSA §1125, sub-§8-C, ¶D, as enacted by IB 2015, c. 1, §25, is amended to read:
D. For a contested general election, the amount of revenues distributed is as follows:
(1) The initial distribution of revenues is $20,000 per candidate;
(2) For each increment of 45 additional qualifying contributions a candidate collects and submits pursuant to subsection 8-E, not to exceed a total of 360 additional qualifying contributions, the supplemental distribution of revenues to that candidate is $5,000; and
(2-A) Notwithstanding subparagraph (2), for a contested general election held in November 2018, for each increment of 45 additional qualifying contributions a candidate collects and submits pursuant to subsection 8-E, not to exceed a total of 270 additional qualifying contributions, the supplemental distribution of revenues to that candidate is $5,000; and
(3) The total amount of revenues distributed for a contested general election may not exceed $60,000 per candidate.
Sec. 5. 21-A MRSA §1125, sub-§8-D, ¶D, as enacted by IB 2015, c. 1, §25, is amended to read:
D. For a contested general election, the amount of revenues distributed is as follows:
(1) The initial distribution of revenues is $5,000 per candidate;
(2) For each increment of 15 additional qualifying contributions a candidate collects and submits pursuant to subsection 8-E, not to exceed a total of 120 additional qualifying contributions, the supplemental distribution of revenues to that candidate is $1,250; and
(2-A) Notwithstanding subparagraph (2), for a contested general election held in November 2018, for each increment of 15 additional qualifying contributions a candidate collects and submits pursuant to subsection 8-E, not to exceed a total of 90 additional qualifying contributions, the supplemental distribution of revenues to that candidate is $1,250; and
(3) The total amount of revenues distributed for a contested general election may not exceed $15,000 per candidate.
Sec. 6. Additional qualifying contribution collected on June 12, 2018 at a voting place. Any additional qualifying contribution made by check or money order collected by a candidate who is certified as a Maine Clean Election Act candidate under the Maine Revised Statutes, Title 21-A, section 1125, subsection 5 on June 12, 2018 at a voting place is deemed to be invalid and may not be credited to the candidate for a supplemental distribution under Title 21-A, section 1125, subsection 8-B, 8-C or 8-D. The staff of the Commission on Governmental Ethics and Election Practices shall notify the candidates who submitted additional qualifying contributions dated June 12, 2018 and provide them an opportunity to present information that the additional qualifying contributions were not collected at a voting place. If the information is sufficient, the commission staff may consider the additional qualifying contribution to be valid. Notwithstanding Title 21-A, section 1125, subsection 3-A, a certified candidate may collect another additional qualifying contribution from a person who made an additional qualifying contribution invalidated pursuant to this section.
Sec. 7. Maine Clean Election Fund transfers. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $2,000,000 from the Maine Clean Election Fund to the unappropriated surplus of the General Fund no later than 10 days following the effective date of this section. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $2,000,000 from the General Fund to the Maine Clean Election Fund on or before January 1, 2019.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
ETHICS AND ELECTION PRACTICES, COMMISSION ON GOVERNMENTAL
Governmental Ethics and Election Practices - Commission on 0414
Initiative: Provides a one-time allocation to correct an error in Public Law 2017, chapter 284, Part ZZZZZZ, section 19 to align allocations with available resources.
| OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
|
All Other
|
$0 | $3,976,470 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $3,976,470 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
SUMMARY
This amendment:
1. Reduces for a contested general election held in November 2018 the total number of additional qualifying contributions for supplemental distributions of revenues under the Maine Clean Election Act from 9,600 to 7,200 for the gubernatorial election; from 360 to 270 for the State Senate elections; and from 120 to 90 for the State House of Representatives elections;
2. Requires candidates or campaign treasurers to keep, for all bulk mail distributed to voters, official proof of mailing from the United States Postal Service or the mailing service used;
3. Provides that any additional qualifying contribution made by check or money order collected on June 12, 2018 at a voting place by a candidate who is certified as a Maine Clean Election Act candidate is deemed to be invalid and may not be credited to the candidate for a supplemental distribution and authorizes the collection of contributions to replace such invalidated contributions;
4. Requires the State Controller to transfer $2,000,000 from the Maine Clean Election Fund to the General Fund within 10 days of enactment and transfer $2,000,000 into the Maine Clean Election Fund by January 1, 2019;
5. Provides an allocation for the Commission on Governmental Ethics and Election Practices because of an error in Public Law 2017, chapter 284, Part ZZZZZZ, section 19 that resulted in a negative allocation for fiscal year 2018-19; and
6. Adds an emergency preamble and emergency clause and changes the title of the bill.
FISCAL NOTE REQUIRED
(See attached)