PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 542
S.P. 570 - L.D. 1596

An Act Regarding the Maine Clean Election Act

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, campaigns for candidates participating in the Maine Clean Election Act seeking election in 2006 are already underway; and

     Whereas, proper enforcement is necessary to ensure that funds distributed from the Maine Clean Election Fund are being spent in accordance with the law; 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,

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

     Sec. 1. 21-A MRSA §1014, sub-§4, as amended by PL 1995, c. 483, §6, is further amended to read:

     4. Enforcement. An expenditure, communication or broadcast made within 10 days before the election to which it relates that results in a violation of this section may result in a civil forfeiture fine of no more than $200. An expenditure, communication or broadcast made more than 10 days before the election that results in a violation of this section may result in a civil forfeiture fine of no more than $100 if the violation is not corrected within 10 days after the candidate or other person who committed the violation receives notification of the violation from the commission. If the commission determines that a person violated this section with the intent to misrepresent the name or address of the person who made or financed the communication or whether the communication was or was not authorized by the candidate, the commission may impose a fine of no more than $5,000 against the person responsible for the communication. Enforcement and collection procedures must be in accordance with section 1020-A.

     Sec. 2. 21-A MRSA §1017, sub-§8, ¶C, as enacted by PL 1989, c. 504, §§17 and 31, is amended to read:

C. An unrestricted gift to the State. A candidate for municipal office may dispose of a surplus by making a restricted or unrestricted gift to the municipality;

     Sec. 3. 21-A MRSA §1125, sub-§6, as amended by PL 2005, c. 301, §31, is further 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 a certified candidates candidate from the fund must be used for campaign-related purposes. The candidate, the treasurer, the candidate's committee authorized pursuant to section 1013-A, subsection 1 or any agent of the candidate and committee may not use these revenues for any but campaign-related purposes. The commission shall publish guidelines outlining permissible campaign-related expenditures.

     Sec. 4. 21-A MRSA §1125, sub-§7-A is enacted to read:

     7-A. Deposit into account. The candidate or committee authorized pursuant to section 1013-A, subsection 1 shall deposit all revenues from the fund in a campaign account with a bank or other financial institution. The campaign funds must be segregated from, and may not be commingled with, any other funds.

     Sec. 5. 21-A MRSA §1125, sub-§12-A is enacted to read:

     12-A. Required records. The treasurer shall obtain and keep:

A. Bank or other account statements for the campaign account covering the duration of the campaign;
B. A vendor invoice stating the particular goods or services purchased for every expenditure of $50 or more; and
C. A record proving that a vendor received payment for every expenditure of $50 or more in the form of a cancelled check, receipt from the vendor or bank or credit card statement identifying the vendor as the payee.

The treasurer shall preserve the records for 2 years following the candidate's final campaign finance report for the election cycle. The candidate and treasurer shall submit photocopies of the records to the commission upon its request.

     Sec. 6. 21-A MRSA §1127, sub-§1, as amended by PL 2005, c. 301, §33, 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 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 fine is recoverable in a civil action. In addition to any fine, for good cause shown, a candidate, treasurer, consultant or other agent of the candidate or the committee authorized by the candidate pursuant to section 1013-A, subsection 1 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. 7. Appropriations and allocations. The following appropriations and allocations are made.

GOVERNMENTAL ETHICS AND ELECTION PRACTICES, COMMISSION ON 0414
Maine Clean Election Fund
Initiative: Establishes one Planning and Research Assistant project position from May 1, 2006 to January 31, 2007 to monitor candidates' expenditures of Maine Clean Election Act funds for compliance with expenditure guidelines and to encourage complete reporting of candidates' financial activities.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07

Personal Services $12,623 $40,042
All Other ($12,623) ($40,042)

__________ __________

OTHER SPECIAL REVENUE
FUNDS TOTAL $0 $0

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 6, 2006.

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