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PUBLIC LAWS
First Special Session of the 122nd

S.P. 518 - L.D. 1500

An Act To Improve Campaign Financing and Reporting and the Administration of the Maine Clean Election Act

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 1 MRSA §1008, sub-§6, as amended by PL 2003, c. 20, Pt. J, §1, is further amended to read:

     6. Enhanced monitoring. To provide for enhanced monitoring and enforcement of election practices and the electronic submission of reports and computerized tracking of campaign, election and lobbying information under the commission's jurisdiction.

     Sec. 2. 1 MRSA §1009 is enacted to read:

§1009. Recommendations to Legislature

     Following a general election, the commission may solicit suggestions for improving campaign financing and reporting and the administration of the other areas within the commission's jurisdiction. The commission shall review the suggestions and may submit legislation within 90 days of the general election.

     Sec. 3. 1 MRSA §1015, sub-§3, ¶B, as enacted by PL 1997, c. 529, §1, is amended to read:

     Sec. 4. 3 MRSA §317, sub-§2-A is enacted to read:

     2-A. Electronic filing. Beginning January 1, 2006, a lobbyist shall file monthly session reports under subsection 1 and annual reports under subsection 2 through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a lobbyist submits a written request that states that the lobbyist lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted at least 10 days prior to the deadline for the first report that the lobbyist is required to file for the lobbying year. The commission shall grant all reasonable requests for exceptions.

     Sec. 5. 21-A MRSA §1003, sub-§1, as amended by PL 1991, c. 839, §1 and affected by §34, is further amended to read:

     1. Investigations. The commission may investigate undertake audits and investigations to determine the facts concerning the registration of a candidate, treasurer, political committee or political action committee and contributions by or to and expenditures by a person, candidate, treasurer, political committee or political action committee. For this purpose, the commission may subpoena witnesses and records and take evidence under oath. A person or political action committee that fails to obey the lawful subpoena of the commission or to testify before it under oath must be punished by the Superior Court for contempt upon application by the Attorney General on behalf of the commission.

     Sec. 6. 21-A MRSA §1004-A, sub-§5, as enacted by PL 2003, c. 628, Pt. A, §1, is amended to read:

     5. Material false statements. A person that makes a material false statement or that makes a statement that includes a material misrepresentation in a document that is required to be submitted to the commission, or that is submitted in response to a request by the commission, may be assessed a penalty not to exceed $5,000.

     Sec. 7. 21-A MRSA §1012, sub-§2, ¶B, as amended by PL 1999, c. 432, §1, is further amended to read:

     Sec. 8. 21-A MRSA §1012, sub-§3, ¶B, as amended by PL 1999, c. 432, §2, is further amended to read:

     Sec. 9. 21-A MRSA §1012, sub-§5 is enacted to read:

     5. Party candidate listing. "Party candidate listing" means any communication that meets the following criteria.

     Sec. 10. 21-A MRSA §1014, sub-§1, as amended by PL 1991, c. 839, §8, 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, newspapers, magazines, 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 and similar items determined by the commission to be too small and unnecessary for the disclosures required by this section.

     Sec. 11. 21-A MRSA §1014, sub-§2-A is enacted to read:

     2-A. Communication. If a communication that names or depicts a clearly identified candidate is disseminated during the 21 days before an election through the media described in subsection 1, the communication must state the name and address of the person who made or financed the communication and a statement that the communication was or was not authorized by the candidate.

     Sec. 12. 21-A MRSA §1014, sub-§5 is enacted to read:

     5. Automated telephone calls. Automated telephone calls that name a clearly identified candidate must clearly state the name of the person who made or financed the expenditure for the communication, except for automated telephone calls paid for by the candidate that use the candidate's voice in the telephone call.

     Sec. 13. 21-A MRSA §1017, sub-§2, ¶D, as amended by PL 2003, c. 628, Pt. B, §1, is further amended to read:

     Sec. 14. 21-A MRSA §1017, sub-§3-A, ¶C, as amended by PL 2003, c. 628, Pt. B, §2, is further amended to read:

     Sec. 15. 21-A MRSA §1017, sub-§6, as amended by PL 1999, c. 729, §4, is further amended to read:

     6. Forms. Reports required by this section not filed electronically must be on forms prescribed, prepared and sent by the commission to the treasurer of each registered candidate at least 7 days before the filing date for the report. Establishment of or amendments to the campaign report filing forms required by this section must be by rule. Persons filing reports may use additional pages if necessary, but the pages must be the same size as the pages of the form. Although the commission mails the forms for required reports, failure to receive forms by mail does not excuse treasurers, committees and other persons who must file reports from otherwise obtaining the forms.

Rules of the commission establishing campaign report filing forms for candidates are major substantive routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.

     Sec. 16. 21-A MRSA §1017, sub-§8, ¶A, as enacted by PL 1989, c. 504, §§17 and 31, is amended to read:

     Sec. 17. 21-A MRSA §1017, sub-§10 is enacted to read:

     10. Electronic filing. Beginning January 1, 2006, the treasurer of a candidate or committee that has receipts or expects to have receipts of more than $1,500 shall file each report required by this section through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a candidate or committee submits a written request that states that the candidate or committee lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted by April 15th of the election year. The commission shall grant all reasonable requests for exceptions.

     Sec. 18. 21-A MRSA §1017-A, sub-§4-A, ¶E, as amended by PL 2003, c. 628, Pt. B, §4, is further amended to read:

     Sec. 19. 21-A MRSA §1017-A, sub-§4-B, ¶C, as enacted by PL 2003, c. 628, Pt. A, §2, is amended to read:

     Sec. 20. 21-A MRSA §1017-A, sub-§4-C is enacted to read:

     4-C. Electronic filing. Beginning January 1, 2006, state party committees shall file each report required by this section through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a party committee submits a written request that states that the party committee lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted by March 1st of the election year. The commission shall grant all reasonable requests for exceptions.

     Sec. 21. 21-A MRSA §1018-B is enacted to read:

§1018-B. Recounts of elections

     1. Reporting. Candidates who are involved in a recount of an election shall file a report 90 days after the election containing itemized accounts of cash, goods and services received for the recount and payments made by the candidate for the recount. The reports must be made on forms prepared and sent by the commission. Persons donating services to the candidate are required to provide the candidate with an estimate of the value of the services donated. Political action committees and party committees making expenditures for a candidate's recount shall identify on their regularly filed reports that the expenditures were made for the purposes of a recount.

     2. Limitations. Candidates may receive donations without limitation for purposes of a recount from party committees and caucus campaign committees and from attorneys, consultants and their firms that are donating their services without reimbursement. Candidates may not spend revenues received under chapter 14 for recount expenditures.

     Sec. 22. 21-A MRSA §1052, sub-§4, ¶B, as enacted by PL 1985, c. 161, §6, is amended to read:

     Sec. 23. 21-A MRSA §1053, sub-§1, as amended by PL 1995, c. 167, §1, is further amended to read:

     1. Identification of committee. The names and mailing addresses of the committee, its treasurer, its principal officers and the identity of any candidate who is registered under section 1013-A and who is involved in decision making for a political action committee organized to advance the election of that candidate candidates, Legislators or other individuals who are the primary fund-raisers and decision makers for the committee;

     Sec. 24. 21-A MRSA §1053, as amended by PL 1999, c. 729, §7, is further amended by adding at the end a new paragraph to read:

     Every change in information required by this section must be included in an amended registration form submitted to the commission within 10 days of the date of the change. The committee must file an updated registration form every 2 years between January 1st and March 1st of an election year.

     Sec. 25. 21-A MRSA §1059, sub-§2, ¶E, as amended by PL 2003, c. 628, Pt. B, §5, is further amended to read:

     Sec. 26. 21-A MRSA §1059, sub-§5 is enacted to read:

     5. Electronic filing. Beginning January 1, 2006, committees shall file each report required by this section through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a committee submits a written request that states that the committee lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted no later than March 1, 2006 or within 30 days of the registration of the committee, whichever is later. The commission shall grant all reasonable requests for exceptions.

     Sec. 27. 21-A MRSA §1060, sub-§4, as amended by PL 2003, c. 615, §3, is further amended to read:

     4. Itemized expenditures. An itemization of expenditures and the date of each expenditure made to support or oppose any candidate, campaign, political committee, political action committee, political party, referendum or initiated petition, including the date, payee and purpose of the expenditure and the address of the payee. If expenditures were made to a person described in section 1012, subsection 3, paragraph A, subparagraph (4), the report must contain the name of the person; the amount spent by that person on behalf of the candidate, campaign, political committee, political action committee, political party, referendum or initiated petition; the reason for the expenditure; and the date of the expenditure. The commission may specify the categories of expenditures that are to be reported to enable the commission to closely monitor the activities of political action committees;

     Sec. 28. 21-A MRSA §1122, sub-§9, as amended by PL 2001, c. 465, §3, is further amended to read:

     9. Seed money contribution. "Seed money contribution" means a contribution of no more than $100 per individual made to a candidate, including a contribution from the candidate or the candidate's family. To be eligible for certification, a candidate may collect and spend only seed money contributions subsequent to becoming a candidate as defined by section 1, subsection 5 and throughout the qualifying period. A participating candidate who has accepted contributions or made expenditures that do not comply with the seed money restrictions under this chapter may petition the commission to remain eligible for certification as a Maine Clean Election Act candidate in accordance with rules of the commission, if the failure to comply was unintentional and does not constitute a significant infraction of these restrictions. Prior to certification, a candidate may obligate an amount greater than the seed money collected if the value of the goods and services received from a vendor does not exceed the amount paid to the vendor. A candidate may not collect or spend seed money contributions after certification as a Maine Clean Election Act candidate. A seed money contribution must be reported according to procedures developed by the commission.

     Sec. 29. 21-A MRSA §1125, sub-§1, as enacted by IB 1995, c. 1, §17, is amended to read:

     1. Declaration of intent. A participating candidate must file a declaration of intent to seek certification as a Maine Clean Election Act candidate and to comply with the requirements of this chapter. The declaration of intent must be filed with the commission prior to or during the qualifying period, except as provided in subsection 11, according to forms and procedures developed by the commission. A participating candidate must submit a declaration of intent prior to within 5 business days of collecting qualifying contributions under this chapter, or the qualifying contributions collected before the declaration of intent has been filed will not be counted toward the eligibility requirement in subsection 3.

     Sec. 30. 21-A MRSA §1125, sub-§5, as amended by PL 2003, c. 270, §§1 and 2, is further amended to read:

     5. Certification of Maine Clean Election Act candidates. Upon receipt of a final submittal of qualifying contributions by a participating candidate, the commission shall determine whether or not the candidate has:

The commission shall certify a candidate complying with the requirements of this section as a Maine Clean Election Act candidate as soon as possible and no later than 3 business days after final submittal of qualifying contributions.
Upon certification, a candidate must transfer to the fund any unspent seed money contributions. A certified candidate must comply with all requirements of this Act after certification and throughout the primary and general election periods. Failure to do so is a violation of this chapter.

     Sec. 31. 21-A MRSA §1125, sub-§6, as enacted by IB 1995, c. 1, §17, is amended to read:

     6. Restrictions on contributions and expenditures for certified candidates. After certification, a candidate must limit the candidate's campaign expenditures and obligations, including outstanding obligations, to the revenues distributed to the candidate from the fund and may not accept any contributions unless specifically authorized by the commission. Candidates may also accept and spend interest earned on bank accounts. All revenues distributed to certified candidates from the fund must be used for campaign-related purposes. The commission shall publish guidelines outlining permissible campaign-related expenditures.

     Sec. 32. 21-A MRSA §1125, sub-§14, as enacted by IB 1995, c. 1, §17, is amended to read:

     14. Appeals. A candidate who has been denied certification as a Maine Clean Election Act candidate or, the opponent of a candidate who has been granted certification as a Maine Clean Election Act candidate or other interested persons may challenge a certification decision by the commission as follows.

     Sec. 33. 21-A MRSA §1127, sub-§1, as amended by PL 2003, c. 81, §1, is further amended to read:

     1. Civil fine. In addition to any other penalties that may be applicable, a person who violates any provision of this chapter or rules of the commission adopted pursuant to section 1126 is subject to a civil penalty fine not to exceed $10,000 per violation payable to the fund. The commission may assess a fine of up to $10,000 for a violation of the reporting requirements of sections 1017 and 1019-B if it determines that the failure to file a timely and accurate report resulted in the late payment of matching funds. This penalty fine is recoverable in a civil action. In addition to any fine, for good cause shown, a candidate found in violation of this chapter or rules of the commission may be required to return to the fund all amounts distributed to the candidate from the fund or any funds not used for campaign-related purposes. If the commission makes a determination that a violation of this chapter or rules of the commission has occurred, the commission shall assess a fine or transmit the finding to the Attorney General for prosecution. Fines paid under this section must be deposited in the fund. In determining whether or not a candidate is in violation of the expenditure limits of this chapter, the commission may consider as a mitigating factor any circumstances out of the candidate's control.

     Sec. 34. 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: Deallocates to reflect savings realized through on-line data entry.
OTHER SPECIAL REVENUE
FUNDS     2005-06     2006-07

     __________     __________

Effective September 17, 2005.

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