SP0570, LD 1721, item 2, Document Text

Amend the bill in section 6 in subsection 5 in the 2nd line from the end (page 3, line 7 in L.D.) by striking out the following: " changing" and inserting the following: ' influencing'

Amend the bill in section 10 in subsection 8 in paragraph G in the last line (page 4, line 35 in L.D.) by striking out the following: " and" and inserting the following: 'and'

Amend the bill in section 10 in subsection 8 in paragraph H in the last line (page 4, line 37 in L.D.) by striking out the following: "gift . ; and" and inserting the following: 'gift.'

Amend the bill in section 10 in subsection 8 by striking out all of paragraph I (page 4, line 38 in L.D.)

Amend the bill in section 13 in paragraph C in the 2nd line (page 6, line 15 in L.D.) by inserting after the following: " a general" the following: ' or special'

Amend the bill by inserting after section 14 the following:

‘Sec. 15. 21-A MRSA §1019-B, sub-§1, ¶A, as enacted by PL 2003, c. 448, §3, is amended to read:

A. Is any expenditure made by a person, party committee , political committee or political action committee, other than by contribution to a candidate or a candidate's authorized political committee, for any communication that expressly advocates the election or defeat of a clearly identified candidate; and’

Amend the bill by inserting after section 15 the following:

‘Sec. 16. 21-A MRSA §1019-B, sub-§4, as amended by IB 2015, c. 1, §6 and PL 2015, c. 350, §6, is further amended to read:

4. Report required; content; rules. A person, party committee , political committee or political action committee that makes any independent expenditure in excess of $250 during any one candidate's election shall file a report with the commission. In the case of a municipal election, the report must be filed with the municipal clerk.

A. A report required by this subsection must be filed with the commission according to a reporting schedule that the commission shall establish by rule that takes into consideration existing campaign finance reporting requirements. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

B. A report required by this subsection must contain an itemized account of each expenditure in excess of $250 in any one candidate's election, the date and purpose of each expenditure and the name of each payee or creditor. The report must state whether the expenditure is in support of or in opposition to the candidate and must include, under penalty of perjury, as provided in Title 17-A, section 451, a statement under oath or affirmation whether the expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, the candidate or an authorized committee or agent of the candidate.

C. A report required by this subsection must be on a form prescribed and prepared by the commission. A person filing this report may use additional pages if necessary, but the pages must be the same size as the pages of the form. The commission may adopt procedures requiring the electronic filing of an independent expenditure report, as long as the commission receives the statement made under oath or affirmation set out in paragraph B by the filing deadline and the commission adopts an exception for persons who lack access to the required technology or the technological ability to file reports electronically. The commission may adopt procedures allowing for the signed statement to be provisionally filed by facsimile or electronic mail, as long as the report is not considered complete without the filing of the original signed statement.’

Amend the bill by striking out all of section 19.

Amend the bill in section 20 in subsection 1 in the 2nd line from the end (page 8, line 22 in L.D.) by striking out the following: " changing" and inserting the following: ' influencing'

Amend the bill in section 30 in the first line (page 12, line 35 in L.D.) by striking out the following: "sub-§§3-B and 3-C are" and inserting the following: 'sub-§3-B is'

Amend the bill in section 30 by striking out all of subsection 3-C (page 13, lines 1 to 8 in L.D.)

Amend the bill by striking out all of section 31.

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment makes the following changes to the bill.

1. Under the bill, when prerecorded automated telephone calls and scripted live telephone calls that name a clearly identified candidate are made within 28 days before a primary election, within 35 days before a special election or between Labor Day and the date of a general election, the telephone calls must include information disclosing both the name of the person who paid for or financed the telephone call and whether the candidate authorized the telephone call. The amendment clarifies that surveys that meet generally accepted standards for polling research and that are not conducted for the purpose of influencing the voting position of call recipients are not required to include these disclosures.

2. Under the bill, when a person makes an expenditure exceeding $500 that expressly advocates for or against an initiative or referendum on the ballot through prerecorded automated telephone calls or scripted live telephone calls, the telephone calls must clearly state the name of the person who made or financed the telephone calls. The amendment clarifies that surveys that meet generally accepted standards for polling research and that are not conducted for the purpose of influencing the voting position of call recipients are not required to include this disclosure.

3. It strikes the provision of the bill authorizing a traditionally financed candidate to expend surplus campaign funds on expenses related to a recount.

4. The bill eliminates the requirement in current law that municipal, district and county party committees submit a campaign finance report within 24 hours of receiving a single contribution of $5,000 or more or making any expenditure of $1,000 or more, if that contribution or expenditure is made within the 13 days before a primary election. The amendment clarifies that these so-called 24-hour reports continue to be required when a municipal, district or county party committee receives a single contribution of $5,000 or more or makes an expenditure of $1,000 or more within the 13 days before a special election.

5. It removes the provisions of the bill authorizing the Commission on Governmental Ethics and Election Practices to investigate whether a candidate certified as a Maine Clean Election Act candidate meets the qualifications for candidacy and for holding office set forth in the Constitution of Maine.

6. It makes technical changes to the terminology used in several provisions of the campaign finance laws included in the bill.

FISCAL NOTE REQUIRED

(See attached)

SP0570 LD 1721	Session - 129th Maine Legislature C "A", Filing Number S-195, Sponsored by		LR 1093 Item 2
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