LD 1711
pg. 2
Page 1 of 2 An Act to Amend Maine's Campaign Finance Laws LD 1711 Title Page
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LR 1954
Item 1

 
5.__Report required; content.__Any person, party committee,
political committee or political action committee that makes an
independent electioneering expenditure shall file a report with the
commission.__In the case of a municipal election, a copy of the
same information must be filed with the municipal clerk.

 
A.__Reports required by this subsection must be filed with
the commission according to a reporting schedule that the
commission shall establish by rule that takes into
consideration existing campaign finance reporting
requirements and matching fund provisions under chapter 14.__
Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375,
subchapter II-A.

 
B.__The report must contain an itemized account of each
contribution or expenditure aggregating in excess of $50 in
any one candidate's election, the date and purpose of each
contribution or expenditure and the name of each payee or
creditor.__The report must state whether the contribution or
expenditure is in support of or in opposition to the
candidate and must include, under penalty of perjury, as
provided in Title 17-A, section 451, a statement under oath
or affirmation whether the contribution or expenditure is
made in cooperation, consultation or concert with, or at the
request or suggestion of, the candidate or any authorized
committee or agent of the candidate.

 
C.__Reports required by this subsection must be on forms
prescribed and prepared by the commission.__Persons filing
these reports may use additional pages if necessary, but the
pages must be the same size as the pages of the form.

 
§1019-B.__Reports of membership communications

 
Any membership organization or corporation that makes a
communication to its members or stockholders expressly advocating
the election or defeat of a clearly identified candidate shall
report any expenses related to such communications aggregating in
excess of $50 in any one candidate's election race,
notwithstanding the fact that such communications are not
expenditures under section 1012, subsection 3, paragraph A.__
Reports required by this section must be filed with the
commission on forms prescribed and prepared by the commission and
according to a reporting schedule that the commission shall
establish by rule.

 
Sec. 3. 21-A MRSA §1020-A, sub-§5, ¶A, as enacted by PL 1995, c. 483,
§15, is amended to read:

 
A. Five thousand dollars for reports required under section
1017, subsection 2, paragraphs paragraph B, C, D, E or H;
section 1017, subsection 3-A, paragraphs paragraph B, C, D
or F; section 1017, subsection 4; and section 1019 1019-A;

 
Sec. 4. 21-A MRSA §1122, sub-§§8 and 9, as enacted by IB 1995, c. 1,
§17, are amended to read:

 
8. Qualifying period. "Qualifying period" means the
following.

 
A. For a gubernatorial participating candidate, the
qualifying period begins November 1st immediately preceding
the election year and ends at 5:00 p.m. on March 16th April
15th of the election year unless the candidate is
unenrolled, in which case the period ends at 5:00 p.m. on
June 2nd of the election year.

 
B. For State Senate or State House of Representatives
participating candidates, the qualifying period begins
January 1st of the election year and ends at 5:00 p.m. on
March 16th April 15th of that election year unless the
candidate is unenrolled, in which case the period ends at
5:00 p.m. on June 2nd of the election year.

 
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 candidate
may not collect or spend seed money contributions after
certification as a Maine Clean Election Act candidate. The
primary purpose of a seed money contribution is to enable a
participating candidate to collect qualifying contributions. A
seed money contribution must be reported according to procedures
developed by the commission.

 
Sec. 5. 21-A MRSA §1125, sub-§§3 and 7, as enacted by IB 1995, c. 1,
§17, are amended to read:

 
3. Qualifying contributions. Participating candidates must
obtain qualifying contributions during the qualifying period as
follows:

 
A. For a gubernatorial candidate, at least 2,500 verified
registered voters of this State must support the candidacy
by providing a qualifying contribution to that candidate;

 
B. For a candidate for the State Senate, at least 150
verified registered voters from the candidate's electoral
division must support the candidacy by providing a
qualifying contribution to that candidate; or

 
C. For a candidate for the State House of Representatives,
at least 50 verified registered voters from the candidate's
electoral division must support the candidacy by providing a
qualifying contribution to that candidate.

 
A payment, gift or anything of value may not be given in exchange
for a qualifying contribution. A candidate may pay the fee for a
money order in the amount of $5, which is a qualifying
contribution, as long as the donor making the qualifying
contribution pays the $5 amount reflected on the money order.__
Any money order fees paid by a participating candidate must be
paid for with seed money and reported in accordance with
commission rules.

 
7. Timing of fund distribution. The commission shall
distribute to certified candidates revenues from the fund in
amounts determined under subsection 8 in the following manner.

 
A. Within 3 days after certification, for candidates
certified prior to March 16th 15th of the election year,
revenues from the fund must be distributed as if the
candidates are in an uncontested primary election.

 
B. Within 3 days after March 16th of the election year, for
primary election certified candidates certification, for all
candidates certified between March 15th and April 15th of
the election year, revenues from the fund must be
distributed according to whether the candidate is in a
contested or uncontested primary election, reduced by any
amounts previously distributed under paragraph A.

 
B-1.__For candidates in contested primary elections
receiving a distribution under paragraph A, additional
revenues from the fund must be distributed within 3 days of
March 15th of the election year.

 
C. Within 3 days after the primary election, for general
election certified candidates, revenues from the fund must
be distributed according to whether the candidate is in a
contested or uncontested general election. Funds may not be
distributed for uncontested general elections.

 
Funds may be distributed to certified candidates under this
section by any mechanism that is expeditious, ensures
accountability and safeguards the integrity of the fund.

 
Sec. 6. 21-A MRSA §1125, sub-§8, ¶D, as enacted by IB 1995, c. 1, §17,
is amended to read:

 
D. Revenues may not be distributed for For uncontested
general elections, the amount of revenues to be distributed
from the fund is 1/3 of the amount distributed to a
participating candidate in a contested general election.

 
Sec. 7. 21-A MRSA §1125, sub-§§9 and 10, as enacted by IB 1995, c. 1,
§17, are amended to read:

 
9. Matching funds. When any campaign, finance or election
report shows that the sum of a candidate's expenditures or
obligations, or funds raised or borrowed, whichever is greater,
alone or in conjunction with independent electioneering
expenditures reported under section 1019 1019-A, exceeds the
distribution amount under subsection 8, the commission shall
issue immediately to any opposing Maine Clean Election Act
candidate an additional amount equivalent to the reported excess.
Matching funds are limited to 2 times the amount originally
distributed under subsection 8, paragraph A or C, whichever is
applicable.

 
10. Candidate not enrolled in a party. An unenrolled
candidate certified by March 16th April 15th preceding the
primary election is eligible for revenues from the fund in the
same amounts and at the same time as an uncontested primary
election candidate and a general election candidate as specified
in subsections 7 and 8. For an unenrolled candidate not
certified by March 16th April 15th at 5:00 p.m. the deadline for
filing qualifying contributions is 5:00 p.m. on June 2nd
preceding the general election. An unenrolled candidate
certified after March 16th April 15th at 5:00 p.m. is eligible
for revenues from the fund in the same amounts as a general
election candidate, as specified in subsections 7 and 8.

 
Sec. 8. 21-A MRSA §1126, as enacted by IB 1995, c. 1, §17, is
amended to read:

 
§1126. Commission to adopt rules

 
The commission shall adopt rules to ensure effective
administration of this chapter. These rules must include but
must not be limited to procedures for obtaining qualifying
contributions, certification as a Maine Clean Election Act
candidate, circumstances involving special elections, vacancies,

 
recounts, withdrawals or replacements, collection of revenues for
the fund, distribution of fund revenue to certified candidates,
return of unspent fund disbursements, disposition of equipment
purchased with clean election funds and compliance with the Maine
Clean Election Act.

 
SUMMARY

 
This bill expands the scope of reporting for independent
electioneering expenditures and clarifies which expenditures
trigger matching funds under the Maine Clean Election Act. It
extends the qualifying period from March 16th to April 15th for
those intending to be participating candidates under the Maine
Clean Election Act. It also strikes language that states that
the primary purpose of seed money is to enable a candidate to
collect qualifying contributions. The bill permits participating
candidates to pay the fees for money orders donated by
contributors as long as those fees are reported. It also states
that money from the Maine Clean Election Fund may be distributed
to participating candidates in uncontested general elections in
an amount equal to 1/3 of the amount distributed for contested
races.


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