Sec. 1. 21-A MRSA §1125, sub-§9, as enacted by I.B. 1995, c. 1, §17, is 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 expenditures reported under section 1019, 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. For the purpose of this subsection, expenditures reported during a primary campaign that are used toward campaign-related activities during the general election campaign must be considered as a candidate's general election expenditures and included in the sum of a candidate's expenditures or obligations. Matching funds are limited to 2 times the amount originally distributed under subsection 8, paragraph A or C, whichever is applicable.

SUMMARY

This bill clarifies that expenditures reported during a primary campaign that are used for campaign-related activities during a general election campaign are general election expenditures for the purposes of distributing matching funds to a Maine Clean Election Act candidate.

This bill is in response to "Collins v. Ethics Commission," Docket No. AP02-57, Cumberland County Superior Court.