SP0622
LD 1631
Session - 126th Maine Legislature
C "A", Filing Number S-446, Sponsored by
LR 2384
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the title and before the summary and inserting the following:

Sec. 1. 21-A MRSA §1001, sub-§1-A  is enacted to read:

1-A Agent.   "Agent" means a person to whom the candidate or candidate's political committee gives express or implied authority to act on behalf of the candidate or the candidate's campaign.

Sec. 2. 21-A MRSA §1012, sub-§3, ¶B,  as amended by PL 2013, c. 334, §4, is further amended to read:

B. Does not include:

(1) Any news story, commentary or editorial distributed through the facilities of any broadcasting station, cable television system, newspaper, magazine or other periodical publication, unless the facilities are owned or controlled by any political party, political committee, candidate or spouse or domestic partner of a candidate;

(1-A) Any communication distributed through a public access television channel on a cable television system if the communication complies with the laws and rules governing the channel and all candidates in the race have an equal opportunity to promote their candidacies through the channel;

(2) Activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention a clearly identified candidate;

(3) Any communication by any membership organization or corporation to its members or stockholders, if that membership organization or corporation is not organized primarily for the purpose of influencing the nomination or election of any person to state or county office;

(4) The use of real or personal property and the cost of invitations, food and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services for candidate-related activities, if the cumulative value of these activities does not exceed $250 with respect to any election;

(5) Any unreimbursed travel expenses incurred by an individual in the course of providing voluntary personal services to a candidate and paid for by that individual, if the cumulative amount of these expenses does not exceed $350 with respect to any election;

(5-A) Any unreimbursed campaign-related travel expenses incurred and paid for by the candidate or the candidate's spouse or domestic partner;

(6) Any communication by any person that is not made for the purpose of influencing the nomination for election, or election, of any person to state, county or municipal office;

(7) The payment by a party's state, district, county or municipal committee of the costs of preparation, display or mailing or other distribution of a party candidate listing;

(8) The use or distribution of any communication, as described in section 1014, obtained by the candidate for a previous election and fully paid for during that election campaign;

(9) Documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this Title, lists of registered voters and voter identification information, created or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party;

(10) Compensation paid by a state party committee to its employees for the following purposes:

(a) Providing no more than a total of 40 hours of assistance from its employees to a candidate in any election;

(b) Recruiting and overseeing volunteers for campaign activities involving 3 or more candidates; or

(c) Coordinating campaign events involving 3 or more candidates;

(10-A) Costs paid for by a party committee in connection with a campaign event at which 3 or more candidates are present;

(11) Campaign training sessions provided to 3 or more candidates;

(11-A) Wood or other materials used for political signs that are found or contributed if not originally obtained by the candidate or contributor for campaign purposes;

(12) The use of offices, telephones, computers and similar equipment when that use does not result in additional cost to the provider; or

(13) A purchase of apparel from a commercial vendor with a total cost of $25 or less by an individual when the vendor has received a graphic or design from the candidate or the candidate's authorized committee . ; or

(14) The value of services provided without compensation by individuals who volunteer any amount of their time on behalf of a candidate or political committee.

Sec. 3. 21-A MRSA §1012, sub-§4-B  is enacted to read:

4-B Key person affiliated with the candidate's campaign.   "Key person affiliated with the candidate's campaign" means a person who, at the time of making an expenditure, or at any time during the 120 days prior to making an expenditure, is one or more of the following:
A An agent;
B A spouse or domestic partner of the candidate;
C The candidate's campaign treasurer, deputy treasurer or any person substantially performing the statutory duties of a treasurer or deputy treasurer;
D A person whom the candidate has represented to the public to be serving as the campaign chair or other officer of the campaign;
E A person who, with the candidate's knowledge and consent, manages the candidate's campaign or has primary responsibility for one or more of the following areas of the candidate's campaign: campaign communications, advertising, public relations or fund-raising;
F A person who has received compensation from the candidate's campaign for personal services as an employee or independent contractor; and
G A person who is named in a campaign finance report filed by the candidate pursuant to section 1013-A, subsection 1, paragraph B.

"Key person affiliated with the candidate's campaign" does not include any vendor that provides only printing, mailing, advertising, broadcast time or similar services and is not otherwise involved in campaign strategy or advice.

Sec. 4. 21-A MRSA §1015, sub-§4,  as amended by PL 2011, c. 389, §14, is further amended to read:

4. Political committees; intermediaries.   For the purpose of the limitations imposed by this section, contributions made to any political committee authorized by a candidate to accept contributions on the candidate's behalf are considered to be contributions made to that candidate. If the campaign activities of a political action committee within a calendar year primarily promote or support the nomination or election of a single candidate, contributions to the committee from the candidate or any key person affiliated with the candidate's campaign or that were solicited by the candidate or any key person affiliated with the candidate's campaign are considered to be contributions made to the candidate for purposes of the limitations in this section. For purposes of this subsection, solicitation of contributions includes but is not limited to the candidate's appearing at a fundraising event organized by or on behalf of the political action committee or suggesting that a donor make a contribution to that committee.

For the purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, that are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate are considered to be contributions from that person to the candidate. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the commission and to the intended recipient.

Sec. 5. 21-A MRSA §1015, sub-§5,  as amended by PL 1989, c. 504, §§7 and 31, is further amended to read:

5. Other contributions and expenditures.   Any expenditure made by a key person affiliated with the candidate's campaign is a contribution to that candidate. Any expenditure made by any person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate , a or a key person affiliated with the candidate's political committee or their agents campaign is considered to be a contribution to that candidate.

The financing by any person of the dissemination, distribution or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate , or by any key person affiliated with the candidate's political committee or committees or their authorized agents is considered to be campaign is a contribution to that candidate.

Sec. 6. 21-A MRSA §1019-B, sub-§5, ¶A,  as enacted by PL 2011, c. 389, §21, is amended to read:

A. An expenditure made by a person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate , a or a key person affiliated with the candidate's political committee or their agents campaign;’

summary

This amendment is the majority report. It strikes the bill and amends the laws regarding limitations on campaign contributions and expenditures to clarify that any expenditures made by a key person who has been affiliated with a campaign in the last 120 days, regardless of whether the person has been paid or the actual duties the person has performed, or by a person who has received compensation from the campaign, are a contribution to the candidate. The amendment clarifies that the value of services provided by an individual without compensation are excluded in the definition of "expenditures." It also specifies categories of persons who are affiliated with a candidate's campaign for purposes of this provision. The amendment incorporates the term "agent" into the definition of "key person affiliated with the candidate's campaign" and thereby preserves the provision in existing law that designates expenditures by a candidate's agent as contributions to the candidate. The amendment also strikes the emergency preamble and the emergency clause from the bill.


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