4. Penalty. Misuse of a State Government computer system is a Class C crime.

Sec. 3. 21-A MRSA §32, sub-§3 is enacted to read:

3.__Class C crime.__A person commits a Class C crime if that person misuses a state government computer system.__For purposes of this subsection, a person is guilty of misuse of a state government computer system if that person knowingly uses a computer system operated by a state department or agency, the Judicial Department or the Legislature:

A.__To prepare materials with the intent to expressly advocate, to those eligible to vote, for the election or defeat of any candidate for a federal office, a constitutional office or elective municipal, county or state office, including leadership positions in the State Senate and the State House of Representatives; or

B.__With the intent to solicit contributions reportable under chapter 13.

For purposes of this subsection, "computer system" has the same meaning as in Title 17-A, section 431 and "leadership positions" means the presiding officers of each House of the Legislature, party leaders, the Clerk of the House, the Assistant Clerk of the House, the Secretary of the Senate and the Assistant Secretary of the Senate.

SUMMARY

The purpose of this bill is to change the statutory location of the prohibition on use of state government computer systems for political purposes from the Maine Revised Statutes, Title 5, chapter 163, which involves the Office of the Chief Information Officer within the Department of Administrative and Financial Services, to Title 21-A, which involves election law.