Sec. 1. 21-A MRSA §1020-A, sub-§4, as amended by IB 1995, c. 1, §15, is further amended to read:

4. Basis for penalties. The With the exception of accelerated campaign finance reports required pursuant to section 1017, subsection 3-B, the penalty for late filing of a report required under this subchapter is a percentage of the total contributions or expenditures for the filing period, whichever is greater, multiplied by the number of calendar days late, as follows:

A. For the first violation, 1%;

B. For the 2nd violation, 3%; and

C. For the 3rd and subsequent violations, 5%.

Any penalty of less than $5 is waived.

Violations accumulate on reports with filing deadlines in a 2- year period that begins on January 1st of each even-numbered year. Waiver of a penalty does not nullify the finding of a violation.

A report required to be filed under this subchapter that is sent by certified or registered United States mail and postmarked at least 2 days before the deadline is not subject to penalty.

A registration or report may be provisionally filed by transmission of a facsimile copy of the duly executed report to the commission, as long as an original of the same report is received by the commission within 5 calendar days thereafter.

Notwithstanding any other provisions of this section, a candidate who fails to file The penalty for late filing of an accelerated campaign finance report as required in section 1017, subsection 3-B must be assessed a penalty at least equivalent to but no may not be more than 3 times the amount by which the contributions received or expenditures obligated or made by the candidate, whichever is greater, exceed the applicable Maine Clean Election Fund disbursement amount, per day of violation. A penalty for failure to file an accelerated campaign finance report must be made payable to the Maine Clean Election Fund. In assessing a penalty for failure to file an accelerated campaign finance report, the commission shall consider the existence of mitigating circumstances.__For purposes of this subsection, "mitigating circumstances" has the same meaning as in section 1062-A, subsection 2.