APPROVED CHAPTER JUNE 10, 2025 224 BY GOVERNOR PUBLIC LAW STATE OF MAINE _____ IN THE YEAR OF OUR LORD TWO THOUSAND TWENTY-FIVE _____ S.P. 22 - L.D. 9 An Act Regarding Campaign Finance Disclosure Be it enacted by the People of the State of Maine as follows: Sec. 1. 21-A MRSA §1001, sub-§4 is enacted to read: 4. Public communication. "Public communication" means a communication to the public by means of broadcast, cable or satellite communication; newspapers, direct mail, handbills or other printed literature; campaign signs or other outdoor advertising facilities; and prerecorded automated telephone calls or other types of general public political advertising. For the purposes of this subsection, "general public political advertising" does not include communication over the Internet, except for communications placed or promoted for a fee on another person's website, digital device, application or advertising platform. Sec. 2. 21-A MRSA §1004, sub-§4, as amended by PL 2013, c. 334, §1, is further amended to read: 4. Registration; political action committees. A political action committee or ballot question committee required to be registered under section 1052‑A or 1056-B may not operate in this State unless it is so registered. Sec. 3. 21-A MRSA §1004-A, sub-§3, as enacted by PL 2003, c. 628, Pt. A, §1, is amended to read: 3. Contribution in name of another person. A person that makes a contribution in the name of another person, that knowingly permits that person's name to be used to effect such a contribution or that knowingly accepts a contribution made by one person in the name of another person, may be assessed a penalty not to exceed $5,000 500% of the amount of the contribution. Sec. 4. 21-A MRSA §1005, as enacted by PL 2007, c. 571, §7, is amended to read: §1005. Restrictions on commercial use of contributor information Information concerning contributors contained in campaign finance reports filed by candidates, political action committees and, party committees and reports filed under section 1056‑B and ballot question committees may not be used for any commercial Page 1 - 132LR0294(03) purpose, including, but not limited to, the sales and marketing of products and services, or for solicitations of any kind not directly related to activities of a political party, so-called "get out the vote" efforts or activities directly related to a campaign as defined in section 1052. Any person obtaining contributor information from the reports is prohibited from selling or distributing it to others to use for commercial purposes and also is prohibited from making publicly available the mailing addresses of contributors. This section does not prohibit a political party, party committee, candidate committee, political action committee or any other organization that has obtained contributor information from the commission from providing access to such information to its members for purposes directly related to party activities, so-called "get out the vote" efforts or a campaign as defined in section 1052. A person who violates this section is subject to a fine of up to $5,000. A person who knowingly violates this section commits a Class E crime. Sec. 5. 21-A MRSA §1007 is enacted to read: §1007. Public communication placed or promoted for a fee A public communication is considered placed or promoted for a fee when a payment is made to a website, digital device, application or advertising platform in order to increase the circulation, prominence or availability of the public communication on that website, digital device, application or advertising platform. Sec. 6. 21-A MRSA §1012, sub-§2, ¶A, as amended by PL 1995, c. 483, §3, is further amended by repealing subparagraph (2). Sec. 7. 21-A MRSA §1014, as amended by PL 2023, c. 324, §8, is further amended to read: §1014. Publication or distribution of political public communications 1. Authorized by candidate. Whenever a person makes an expenditure to finance a public communication expressly advocating the election or defeat of a clearly identified candidate through broadcasting stations, cable television systems, newspapers, magazines, campaign signs or other outdoor advertising facilities, publicly accessible sites on the Internet, direct mails or other similar types of general public political advertising or through flyers, handbills, bumper stickers and other nonperiodical publications, the public communication, if authorized by a candidate, a candidate's authorized political committee or their a candidate's or a candidate's authorized political committee's agents, must clearly and conspicuously state that the public communication has been so authorized and must clearly state the name and address of the person who made or financed the expenditure for the public communication. A public communication financed by a candidate or the candidate's committee is not required to state the address of the candidate or committee that financed the public communication. If a public communication that is financed by someone other than the candidate or the candidate's authorized committee is broadcast by radio, only the city and state of the address of the person who financed the public communication must be stated. 2. Not authorized by candidate. If the a public communication described in subsection 1 is not authorized by a candidate, a candidate's authorized political committee or their a candidate's or a candidate's authorized political committee's agents, the public communication must clearly and conspicuously state that the public communication is not authorized by any candidate and state the name and address of the person who made or Page 2 - 132LR0294(03) financed the expenditure for the public communication, except that a public communication broadcast by radio is only required to state the city and state of the address of the person that financed the public communication. If the public communication is in written form, the public communication must contain at the bottom of the public communication in print that is no smaller in size than 12-point bold print, Times New Roman font, the words "NOT PAID FOR OR AUTHORIZED BY ANY CANDIDATE." 2-A. Other public communications. Whenever a person makes an expenditure to finance a public communication that names or depicts a clearly identified candidate and that is disseminated during the 28 days, including election day, before a primary election, during the 35 days, including election day, before a special election or during the period of time from Labor Day to the election day for a general election through the media described in subsection 1, the public communication must state the name and address of the person who made or financed the public communication and a statement that the public communication was or was not authorized by the candidate, except that a public communication broadcast by radio is only required to state the city and state of the address of the person that financed the public communication. The disclosure is not required if the public communication was not made for the purpose of influencing the candidate's nomination for election or election. 2-B. Top 3 funders; independent expenditures. A public communication that is funded by an entity making an independent expenditure as defined in section 1019‑B, subsection 1 must conspicuously include the following statement: "The top 3 funders of (name of entity that made the independent expenditure) are (names of top 3 funders)." The information required by this subsection may appear simultaneously with any statement required by subsection 2 or 2‑A. A public communication that contains a visual aspect must include the statement in written text. A public communication that does not contain a visual aspect must include an audible statement. This statement is required only for public communications made through broadcast or cable television, broadcast radio, broadcast, cable or satellite systems; Internet audio and video programming,; direct mail; or newspaper or other periodical publications. A cable television, broadcast television broadcast, cable or satellite television communication or Internet video communication must include both an audible and a written statement. For a cable television, broadcast television broadcast, cable or satellite television communication or Internet video communication 30 60 seconds or less in duration, the audible statement may be modified to include only the single top funder omitted. The top funders named in the required statement consist of the funders providing the highest dollar amount of funding to the entity making the independent expenditure since the day following the most recent general election day. A. For purposes of this subsection, "funder" includes: (1) Any entity that has made a contribution as defined in section 1052, subsection 3 to the entity making the independent expenditure since the day following the most recent general election day; and Page 3 - 132LR0294(03) (2) Any entity that has given a gift, subscription, loan, advance or deposit of money or anything of value, including a promise or agreement to provide money or anything of value whether or not legally enforceable, except for transactions in which a fair value is given in return, since the day following the most recent general election day. B. If funders have given equal amounts, creating a tie in the ranking of the top 3 funders, the tie must be broken by naming the tying funders in chronological order of the receipt of funding until 3 funders are included in the statement. If the chronological order cannot be discerned, the entity making the independent expenditure may choose which of the tying funders to include in the statement. In no case may a A public communication may not be required to include the names of more than 3 funders. C. The statement required under this subsection is not required to include the name of any funder who has provided less than $1,000 to the entity making the independent expenditure since the day following the most recent general election day. D. If only one or 2 funders must be included pursuant to this subsection, the public communication must identify the number of funders as "top funder" or "top 2 funders" as appropriate. If there are no funders required to be included under this subsection, no statement is required. E. When compiling the list of top funders, an entity making an independent expenditure may disregard any funds that the entity can show were used for purposes unrelated to the candidate mentioned in the public communication on the basis that funds were either spent in the order received or were strictly segregated in other accounts. F. In The statement required under this subsection is not required in any public communication consisting of an audio broadcast of 30 60 seconds or less or a print communication of 20 square inches or less, the requirements of this subsection are satisfied by including the name of the single highest funder only. G. If the list of funders changes during the period in which a recurring public communication is aired or published, the statement appearing in the public communication must be updated at the time that any additional payments are made for that public communication. H. The commission may establish by routine technical rule, adopted in accordance with Title 5, chapter 375, subchapter 2‑A, forms and procedures for ensuring compliance with this subsection. Rules adopted pursuant to this paragraph must ensure that the information required by this subsection is effectively conveyed for a sufficient duration and in a sufficient font size or screen size where when applicable without undue burden on the ability of the entity to make the public communication. The rules must also provide an exemption for types of public communications for which the required statement would be impossible or impose an unusual hardship due to the unique format or medium of the public communication. 3. Broadcasting prohibited without disclosure. No A person operating a broadcasting station or cable television broadcast, cable or satellite system within this State may not broadcast any public communication, as described in subsections 1 to 2‑A, without an oral or written visual announcement of the disclosure required by this section. Page 4 - 132LR0294(03) 3-A. In-kind contributions of printed materials. A candidate, political committee or political action committee shall report on the campaign finance report as a contribution to the candidate, political committee or political action committee any contributions of in- kind printed materials to be used in the support of a candidate or in the support or defeat of a ballot question. Any in-kind contributions of printed materials used or distributed by a candidate, political committee or political action committee must include the name or title of that candidate, political committee or political action committee as the authorizing agent for the printing and distribution of the in-kind contribution. 3-B. Newspapers. A newspaper may not publish a public communication described in subsections 1 to 2‑A without including the disclosure required by this section. For purposes of this subsection, "newspaper" includes any printed material intended for general circulation or to be read by the general public, including a version of the newspaper displayed on a website owned or operated by the newspaper. When necessary, a newspaper may seek the advice of the commission regarding whether or not the a communication requires the disclosure. 4. Enforcement. A violation of this section may result in a civil penalty of no more than 100% of the amount of the expenditure in violation, except that an expenditure for yard signs lacking the required information may result in a maximum civil penalty of $200. In assessing a civil penalty, the commission shall consider, among other things, how widely the public communication was disseminated, whether the violation was intentional, whether the violation occurred as the result of an error by a printer or other paid vendor and whether the public communication conceals or misrepresents the identity of the person who financed it. If the person who financed the public communication or who committed the violation corrects the violation within 10 days after receiving notification of the violation from the commission by adding the missing information to the public communication, the commission may decide to assess no civil penalty. 5. Telephone calls. Prerecorded automated telephone calls and scripted live telephone communications that name a clearly identified candidate during the 28 days, including election day, before a primary election, during the 35 days, including election day, before a special election or during the period of time from Labor Day to the general election day for a general election must clearly state the name of the person who made or financed the expenditure for the communication and whether the communication was authorized by a candidate, except for prerecorded automated telephone calls paid for by the candidate that use the candidate's voice in the telephone call and that are made in support of that candidate. Telephone 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 the disclosure. 5-A. Text messages. Text messages sent with the assistance of mass distribution technology that is paid for by a person must clearly and conspicuously state the name of the person who made or financed the expenditure if: A. The text message expressly advocates the election or defeat of a candidate; or B. The text message contains a link to a website that expressly advocates the election or defeat of a candidate. 5-B. Websites of candidate or political committee. A website or other Internet application available to the general public that is established by a party committee or a Page 5 - 132LR0294(03) person that is required to register with the commission as a candidate or political action committee and that expressly advocates for the election or defeat of a candidate or that names a clearly identified candidate during the 28 days, including election day, before a primary election, during the 35 days, including election day, before a special election or during the period of time from Labor Day to the election day for a general election must state the name and address of the person who made or financed the expenditure for the website or other Internet application and state that the website or other Internet application was or was not authorized by the candidate. 6. Exclusions. The requirements of this section do not apply to: A. Handbills or other literature produced and distributed at a cost not exceeding $100 and prepared by one or more individuals who are not required to register or file campaign finance reports with the commission and who are acting independently of and without authorization by a candidate, candidate's authorized campaign committee, party committee, political action committee or ballot question committee or an agent of a candidate, candidate's authorized campaign committee, party committee, political action committee or ballot question committee; B. Campaign signs produced and distributed at a cost not exceeding $100, paid for by one or more individuals who are not required to register or file campaign finance