130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 157
H.P. 113 House of Representatives, January 21, 2021
An Act Regarding the Fair Representation of Candidate Identities
Received by the Clerk of the House on January 19, 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 GROHOSKI of Ellsworth.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 21-A MRSA §1001, sub-§1-B is enacted to read:
3 1-B. Candidate's authorized political committee. "Candidate's authorized political
4 committee" means the political committee authorized by the candidate under section
5 1013-A, subsection 1, paragraph B to promote the candidate's election.
6 Sec. 2. 21-A MRSA §1004-A, sub-§5, as amended by PL 2005, c. 301, §6, is
7 further amended to read:
8 5. Material false statements statement in documents filed with commission. A
9 person that makes a material false statement in or that makes a statement that includes a
10 material misrepresentation in a document that is required to be submitted to the
11 commission, or that is submitted in response to a request by the commission, may be
12 assessed a penalty not to exceed $5,000.
13 Sec. 3. 21-A MRSA §1004-A, sub-§6 is enacted to read:
14 6. False statement of incumbency. A candidate or a candidate's authorized political
15 committee that violates section 1014-C, subsection 2 or 3 directly or through an agent may
16 be assessed a penalty not to exceed $5,000.
17 Sec. 4. 21-A MRSA §1004-A, 2nd ¶, as amended by PL 2009, c. 302, §1, is further
18 amended to read:
19 When the commission has reason to believe that a violation has occurred, the
20 commission shall provide written notice to the candidate, candidate's authorized political
21 committee, party committee, political action committee, committee treasurer or other
22 respondent and shall afford them an opportunity to appear before the commission before
23 assessing any penalty. In determining any penalty under subsections 3, 4 and, 5 and 6, the
24 commission shall consider, among other things, the level of intent to mislead, the penalty
25 necessary to deter similar misconduct in the future and the harm suffered by the public
26 from the incorrect disclosure or false statement. A final determination by the commission
27 may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter
28 7 and the Maine Rules of Civil Procedure, Rule 80C.
29 Sec. 5. 21-A MRSA §1014-C is enacted to read:
30 §1014-C. False statement of incumbency
31 1. Communication defined. For purposes of this section, "communication" includes
32 the communications described in section 1014, subsections 1, 2 and 2-A and includes the
33 communications described in section 1014, subsection 6, paragraphs A to E.
34 2. Use of term "reelect". A candidate and a candidate's authorized political committee
35 may not, directly or through an agent, finance or authorize a communication that uses the
36 term "re-elect" or "reelect" in relation to the nomination or election of that candidate to
37 office unless the candidate holds that office at the time the communication is made.
38 3. Use of office title. A candidate and a candidate's authorized political committee
39 may not, directly or through an agent, finance or authorize a communication that names or
40 identifies the candidate using the title of the office to which the candidate seeks nomination
41 or election unless the candidate holds that office at the time the communication is made.
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 1 4. Penalty. A candidate or a candidate's authorized political committee that violates
2 this section directly or through an agent may be assessed a penalty in accordance with
3 section 1004-A.
4 Sec. 6. 21-A MRSA §1052, sub-§5, ¶B, as amended by PL 2011, c. 389, §32, is
5 further amended by amending subparagraph (2) to read:
6 (2) A candidate's authorized political committee under section 1013‑A, subsection
7 1, paragraph B;
8 SUMMARY
9 This bill prohibits a candidate and a candidate's authorized political committee from
10 directly or indirectly financing or authorizing a communication that uses the terms "re-
11 elect" or "reelect" in relation to the nomination or election of that candidate to office or that
12 names or identifies the candidate using the title of the office to which the candidate seeks
13 nomination or election, unless the candidate holds that office at the time the communication
14 is made. A candidate or a candidate's authorized political committee that violates these
15 prohibitions is subject to a penalty of up to $5,000, to be assessed by the Commission on
16 Governmental Ethics and Election Practices.
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Statutes affected:
Bill Text LD 157, HP 113: 21-A.1004, 21-A.1052