APPROVED CHAPTER
JUNE 16, 2023 211
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 113 - L.D. 247
An Act Regarding Replacement Candidates Under the Maine Clean Election
Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1125, sub-§1, as amended by PL 2019, c. 323, §27, is further
amended to read:
1. Declaration of intent. A participating candidate shall file a declaration of intent to
seek certification as a Maine Clean Election Act candidate and to comply with the
requirements of this chapter. The declaration of intent must be filed with the commission
prior to or during the qualifying period, except as provided in subsection 11 or 11-A,
according to forms and procedures developed by the commission. Qualifying contributions
collected more than 5 business days before the declaration of intent has been filed will not
be counted toward the eligibility requirements in subsection 3 or 3‑A.
Sec. 2. 21-A MRSA §1125, sub-§4, as amended by PL 2009, c. 363, §4, is further
amended to read:
4. Filing with commission. A participating candidate must submit qualifying
contributions, receipt and acknowledgement forms, proof of verification of voter
registration and a seed money report to the commission during the qualifying period
according to procedures developed by the commission, except as provided under
subsection 11 or 11-A.
Sec. 3. 21-A MRSA §1125, sub-§11, as enacted by IB 1995, c. 1, §17, is amended
to read:
11. Other procedures. The commission shall establish by rule procedures for
qualification, certification, disbursement of fund revenues and return of unspent fund
revenues for races involving special elections, or recounts, vacancies, withdrawals or
replacement candidates.
Sec. 4. 21-A MRSA §1125, sub-§11-A is enacted to read:
11-A. Vacancies, withdrawals or replacement candidates. If a candidate dies,
withdraws or is disqualified before an election, the qualifying period for any replacement
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candidate begins when the Secretary of State receives a notice of withdrawal or declares a
vacancy, whichever occurs earlier. The commission shall establish by rule the end of the
qualifying period for a replacement candidate and procedures for certification,
disbursement of fund revenues and return of unspent fund revenues for races involving
vacancies, withdrawals or replacement candidates. Qualifying contributions collected by
a replacement candidate under this subsection may not be deposited into the fund until the
replacement candidate has been nominated and, if the replacement candidate is not
officially nominated, the commission shall return the qualifying contributions to the
contributors, unless the contributor authorizes the deposit of the qualifying contribution
into the fund. Rules of the commission adopted under this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. 21-A MRSA §1126, as amended by PL 2001, c. 465, §7, is further amended
to read:
§1126. Commission to adopt rules
The commission shall adopt rules to ensure effective administration of this chapter.
These rules must include but must may not be limited to procedures for obtaining qualifying
contributions, certification as a Maine Clean Election Act candidate, circumstances
involving special elections, vacancies, recounts, withdrawals or replacements, collection
of revenues for the fund, distribution of fund revenue to certified candidates, return of
unspent fund disbursements, disposition of equipment purchased with clean election funds
and compliance with the Maine Clean Election Act. Rules of the commission required by
this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A
2-A.
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Statutes affected:
Bill Text ACTPUB , Chapter 211: 21-A.1125, 21-A.1126