130th MAINE LEGISLATURE
                   FIRST REGULAR SESSION-2021
Legislative Document                                                                            No. 664
H.P. 491                                                         House of Representatives, March 3, 2021
           An Act To Strengthen the Integrity of the Maine Clean Election
           Program
                                       (EMERGENCY)
   Received by the Clerk of the House on March 1, 2021. Referred to the Committee on
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
                                                                                    ROBERT B. HUNT
                                                                                               Clerk
Presented by Representative COLLINGS of Portland.
                                         Printed on recycled paper
 1      Emergency preamble. Whereas, acts and resolves of the Legislature do not
 2   become effective until 90 days after adjournment unless enacted as emergencies; and
 3       Whereas, this legislation needs to take effect before the expiration of the 90-day
 4   period in order to provide its protections to the electoral process as soon as possible; and
 5       Whereas, in the judgment of the Legislature, these facts create an emergency within
 6   the meaning of the Constitution of Maine and require the following legislation as
 7   immediately necessary for the preservation of the public peace, health and safety; now,
 8   therefore,
 9   Be it enacted by the People of the State of Maine as follows:
10       Sec. 1. 21-A MRSA §1125, sub-§6-G is enacted to read:
11        6-G. Mandatory referral. If the executive director of the commission or a member
12   of the commission staff suspects, based on evidence, that a candidate has submitted
13   fraudulent qualifying contributions or has falsified or misrepresented any qualifying
14   contributions, the executive director shall refer the matter to the commission for an
15   investigation or to the Attorney General for prosecution. This matter must be referred even
16   if a candidate withdraws as a participating candidate or as a Maine Clean Election Act
17   candidate.
18       Emergency clause. In view of the emergency cited in the preamble, this legislation
19   takes effect when approved.
20                                         SUMMARY
21       This bill requires the Executive Director of the Commission on Governmental Ethics
22   and Election Practices to refer a case of suspected fraudulent, falsified or misrepresented
23   qualifying contributions under the Maine Clean Election Act to the commission for an
24   investigation or to the Attorney General for prosecution. A case must be referred even if a
25   candidate withdraws as a participating candidate or as a Maine Clean Election Act
26   candidate.
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