An Act Concerning Confidential Records Received by the Commission on Governmental Ethics and Election Practices
Sec. 1. 21-A MRSA §1003, sub-§3-A, as enacted by PL 2007, c. 571, §6, is amended to read:
The commission may disclose investigative working papers or discuss them at a public meeting, except for the information or records subject to a privilege against discovery or use as evidence, in a final audit or investigation report or determination if the information or record is materially relevant to a finding of fact or , violation or other decision by the commission concerning an audit, investigation or other enforcement matter.
SUMMARY
This bill clarifies that certain investigative records of the Commission on Governmental Ethics and Election Practices designated confidential under current law maintain their confidentiality even if they are in the possession of a financial institution or vendor of a candidate, political action committee or other association being investigated by the commission. Those categories of documents are also confidential if received in the context of an audit or other enforcement matter such as a staff review of the compliance of campaign finance reports. The commission may present those documents or discuss them at a public meeting of the commission when they are materially relevant to a final commission determination or other decision by the commission concerning an audit, investigation or other enforcement matter.