Sec. A-5. 21-A MRSA §1020-A, sub-§8, as enacted by PL 1995, c. 483, §15, is repealed and the following enacted in its place:

8.__Failure to file report.__The commission shall notify a candidate who has failed to file a report required by this subchapter, in writing, informing the candidate of the requirement to file a report.__If a candidate fails to file a report after 3 written communications from the commission, the commission shall send up to 2 more written communications by certified mail informing the candidate of the requirement to file and that the matter may be referred to the Attorney General for criminal prosecution.__A candidate who fails to file a report as required by this subchapter after the commission has sent the communications required by this subsection is guilty of a Class E crime.

Sec. A-6. 21-A MRSA §1020-A, sub-§8-A is enacted to read:

8-A.__Penalties for failure to file report.__The penalty for failure to file a report required under this subchapter may not exceed the maximum penalties as provided in subsection 5-A.

Sec. A-7. 21-A MRSA §1062-A, sub-§2, as amended by PL 1999, c. 729, §9, is further amended to read:

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 6, the commission shall determine whether a required report satisfies the requirements for timely filing. The commission may waive a penalty if it is disproportionate to the level of experience of the person filing the report or to 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:

A. A valid emergency of the committee treasurer 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;

B. An error by the commission staff; or