| | | Sec. A-2. 21-A MRSA §1020-A, sub-§2, as amended by PL 1999, c. 729, | | §5, is further amended to read: |
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| | | 2. Campaign finance reports. A campaign finance report is | | not timely filed unless a properly signed copy of the report, | | substantially conforming to the disclosure requirements of this | | subchapter, is received by the commission before 5 p.m. on the | | date it is due. Except as provided in subsection 7, the | | commission shall determine whether a report satisfies the | | requirements for timely filing. The commission may waive a | | penalty if the commission determines that the penalty is | | disproportionate to the size of the candidate's campaign, the | | level of experience of the candidate, treasurer or campaign staff | | or the harm suffered by the public from the late disclosure. The | | commission may waive the penalty in whole or in part if the | | commission determines the failure to file a timely report was due | | to mitigating circumstances. For purposes of this section, | | "mitigating circumstances" means: |
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| | | A. A valid emergency determined by the commission, in the | | interest of the sound administration of justice, to warrant | | the waiver of the penalty in whole or in part; |
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| | | B. An error by the commission staff; |
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| | | C. Failure to receive notice of the filing deadline; or |
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| | | D. Other circumstances determined by the commission that | | warrant mitigation of the penalty, based upon relevant | | evidence presented that a bona fide effort was made to file | | the report in accordance with the statutory requirements, | | including, but not limited to, unexplained delays in postal | | service. |
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| | | Sec. A-3. 21-A MRSA §1020-A, sub-§8, as enacted by PL 1995, c. 483, | | §15, is amended to read: |
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| | | 8. Failure to file report. A candidate or treasurer who | | fails to file a report as required by this subchapter within 30 | | days of the filing deadline is guilty of a Class E crime, except | | that, if a penalty pursuant to subsection 8-A is assessed and | | collected by the commission, the State may not prosecute a | | violation under this subsection. |
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| | | Sec. A-4. 21-A MRSA §1020-A, sub-§8-A is enacted to read: |
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| | | 8-A.__Penalties for failure to file report.__The penalty for | | failure to file a report required under this subchapter may not | | exceed: |
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