130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 1284
H.P. 944 House of Representatives, March 29, 2021
An Act To Amend the Maine Clean Election Act and Related Laws
Received by the Clerk of the House on March 25, 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 STETKIS of Canaan.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 1 MRSA §1008, sub-§2, as amended by PL 2001, c. 430, §4, is further
3 amended to read:
4 2. Election practices. To administer and investigate any violations of the
5 requirements for campaign reports and campaign financing, including the provisions of the
6 Maine Clean Publicly Financed Election Act and the Maine Clean Election Fund;
7 Sec. 2. 1 MRSA §1008, sub-§5, as enacted by IB 1995, c. 1, §6, is amended to
8 read:
9 5. Maine Clean Publicly Financed Election Act and Maine Clean Publicly
10 Financed Election Fund. To administer and ensure the effective implementation of the
11 Maine Clean Publicly Financed Election Act and the Maine Clean Publicly Financed
12 Election Fund according to Title 21‑A, chapter 14; and
13 Sec. 3. 21-A MRSA §153-A, sub-§3, as amended by PL 2005, c. 568, §6, is further
14 amended to read:
15 3. Signing petitions. Once an alternative registration signature statement is on file
16 with the registrar, the voter may authorize any other Maine-registered voter to sign
17 candidate petitions and any Maine Clean Publicly Financed Election Act forms requiring a
18 voter's signature in the presence and at the direction of the voter, except that the individual
19 assisting the voter may not be a candidate, the circulator of the petition or form, the voter's
20 employer or an agent of that employer or an officer or agent of the voter's union. In addition
21 to using the voter's signature stamp or signing for the voter, the individual assisting the
22 voter must print and sign the individual's own name and residence address on the petition
23 or form and attest that the individual is signing on the voter's behalf. This method of signing
24 satisfies the requirements in this Title that voters personally sign candidate petitions.
25 Sec. 4. 21-A MRSA §1004-B, as enacted by PL 2009, c. 302, §3, is amended to
26 read:
27 §1004-B. Enforcement of penalties assessed by the commission
28 The commission staff shall collect the full amount of any penalty and the return of
29 Maine Clean Publicly Financed Election Act funds required by the commission to be
30 returned for a violation of the statutes or rules administered by the commission and has all
31 necessary powers to carry out these duties. Failure to pay the full amount of any penalty
32 assessed by the commission or return of Maine Clean Publicly Financed Election Act funds
33 is a civil violation by the candidate, treasurer, party committee, political action committee
34 or other person. Thirty days after issuing the notice of penalty or order for the return of
35 funds, the commission shall report to the Attorney General the name of any person who
36 has failed to pay the full amount of any penalty or to return Maine Clean Publicly Financed
37 Election Act funds unless the commission has provided an extended deadline for payment.
38 The Attorney General shall enforce the violation in a civil action to collect the full
39 outstanding amount of the penalty or order for the return of Maine Clean Publicly Financed
40 Election Act funds. This action must be brought in the Superior Court for Kennebec County
41 or the District Court, 7th District, Division of Southern Kennebec.
42 Sec. 5. 21-A MRSA §1013-A, sub-§1, ¶C, as amended by PL 2015, c. 350, §4, is
43 further amended to read:
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 1 C. No later than 10 days after becoming a candidate, as defined in section 1, subsection
2 5, a candidate for the office of State House of Representatives or Senate may file in
3 writing a statement declaring that the candidate agrees to accept voluntary limits on
4 political expenditures or that the candidate does not agree to accept voluntary limits on
5 political expenditures, as specified in section 1015, subsections 7 to 9. A candidate
6 who has filed a declaration of intent to become certified as a candidate under the Maine
7 Clean Publicly Financed Election Act is not required to file the written statement
8 described in this paragraph.
9 The statement filed by a candidate who voluntarily agrees to limit spending must state
10 that the candidate knows the voluntary expenditure limitations as set out in section
11 1015, subsection 8 and that the candidate is voluntarily agreeing to limit the candidate's
12 political expenditures and those made on behalf of the candidate by the candidate's
13 political committee or committees, the candidate's party and the candidate's immediate
14 family to the amount set by law. The statement must further state that the candidate
15 does not condone and will not solicit any independent expenditures made on behalf of
16 the candidate.
17 The statement filed by a candidate who does not agree to voluntarily limit political
18 expenditures must state that the candidate does not accept the voluntary expenditure
19 limits as set out in section 1015, subsection 8.
20 Sec. 6. 21-A MRSA §1014, sub-§2-B, as enacted by IB 2015, c. 1, §3, is repealed.
21 Sec. 7. 21-A MRSA §1019-B, sub-§4, as amended by PL 2019, c. 323, §17, is
22 further amended to read:
23 4. Report required; content; rules. A person, party committee or political action
24 committee that makes any aggregate independent expenditure expenditures in excess of
25 $250 during any one candidate's election shall file a report with the commission. In the
26 case of a municipal election, the report must be filed with the municipal clerk.
27 A. A report required by this subsection must be filed with the commission or the
28 municipal clerk according to a reporting schedule that the commission shall establish
29 by rule that takes into consideration existing campaign finance reporting requirements.
30 Rules adopted pursuant to this paragraph are routine technical rules as defined in Title
31 5, chapter 375, subchapter 2‑A.
32 B. A report required by this subsection must contain an itemized account of each
33 expenditure in excess of $250 in any one candidate's election, the date and purpose of
34 each expenditure and the name of each payee or creditor. The report must state whether
35 the expenditure is in support of or in opposition to the candidate and must include,
36 under penalty of perjury, as provided in Title 17‑A, section 451, a statement under oath
37 or affirmation whether the expenditure is made in cooperation, consultation or concert
38 with, or at the request or suggestion of, the candidate or an authorized committee or
39 agent of the candidate.
40 C. A report required by this subsection must be on a form prescribed and prepared by
41 the commission. A person party committee or political action committee filing this
42 report may use additional pages if necessary, but the pages must be the same size as
43 the pages of the form. The commission may adopt procedures requiring the electronic
44 filing of an independent expenditure report, as long as the commission receives the
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45
1 statement made under oath or affirmation set out in paragraph B by the filing deadline
46
2 and the commission adopts an exception for persons party committees or political
47
3 action committees who lack access to the required technology or the technological
48
4 ability to file reports electronically. The commission may adopt procedures allowing
49
5 for the signed statement to be provisionally filed by facsimile or electronic mail, as
50
6 long as the report is not considered complete without the filing of the original signed
51
7 statement.
8 Sec. 8. 21-A MRSA c. 14, headnote is amended to read:
9 CHAPTER 14
10 THE MAINE CLEAN PUBLICLY FINANCED ELECTION ACT
11 Sec. 9. 21-A MRSA §1121, as enacted by IB 1995, c. 1, §17, is amended to read:
12 §1121. Short title
13 This chapter may be known and cited as the "Maine Clean Publicly Financed Election
14 Act."
15 Sec. 10. 21-A MRSA §1122, sub-§1, as enacted by IB 1995, c. 1, §17, is amended
16 to read:
17 1. Certified candidate. "Certified candidate" means a candidate running for
18 Governor, State Senator or State Representative who chooses to participate in the Maine
19 Clean Publicly Financed Election Act and who is certified as a Maine Clean Publicly
20 Financed Election Act candidate under section 1125, subsection 5.
21 Sec. 11. 21-A MRSA §1122, sub-§4, as enacted by IB 1995, c. 1, §17, is amended
22 to read:
23 4. Fund. "Fund" means the Maine Clean Publicly Financed Election Fund established
24 in section 1124.
25 Sec. 12. 21-A MRSA §1122, sub-§5, as enacted by IB 1995, c. 1, §17, is amended
26 to read:
27 5. Nonparticipating candidate. "Nonparticipating candidate" means a candidate
28 running for Governor, State Senator or State Representative who does not choose to
29 participate in the Maine Clean Publicly Financed Election Act and who is not seeking to
30 be certified as a Maine Clean Publicly Financed Election Act candidate under section 1125,
31 subsection 5.
32 Sec. 13. 21-A MRSA §1122, sub-§6, as enacted by IB 1995, c. 1, §17, is amended
33 to read:
34 6. Participating candidate. "Participating candidate" means a candidate who is
35 running for Governor, State Senator or State Representative who is seeking to be certified
36 as a Maine Clean Publicly Financed Election Act candidate under section 1125, subsection
37 5.
38 Sec. 14. 21-A MRSA §1122, sub-§8, ¶A, as amended by PL 2009, c. 363, §1, is
39 repealed.
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 1 Sec. 15. 21-A MRSA §1122, sub-§9, as amended by PL 2007, c. 571, §10, is
2 repealed and the following enacted in its place:
3 9. Seed money contribution. "Seed money contribution" means a contribution to a
4 participating candidate of no more than $100 per individual, including the participating
5 candidate or the candidate's spouse or domestic partner, made by a registered voter in the
6 electoral division for the office the candidate is seeking and whose voter registration has
7 been verified according to procedures established by the commission.
8 Sec. 16. 21-A MRSA §1123, as enacted by IB 1995, c. 1, §17, is amended to read:
9 §1123. Alternative campaign financing option
10 This chapter establishes an alternative campaign financing option available to
11 candidates running for Governor, State Senator and State Representative. This alternative
12 campaign financing option is available to candidates for elections to be held beginning in
13 the year 2000. The commission shall administer this Act and the fund. Candidates
14 participating in the Maine Clean Election Act Participating candidates and certified
15 candidates must comply with the applicable provisions of this chapter and must also
16 comply with all other applicable election and campaign laws and regulations.
17 Sec. 17. 21-A MRSA §1124, as amended by IB 2015, c. 1, §14, is further amended
18 to read:
19 §1124. The Maine Clean Publicly Financed Election Fund established; sources of
20 funding
21 1. Established. The Maine Clean Publicly Financed Election Fund is established to
22 finance the election campaigns of certified Maine Clean Election Act candidates running
23 for Governor, State Senator and State Representative and to pay administrative and
24 enforcement costs of the commission related to this Act. The fund is a special, dedicated,
25 nonlapsing fund and any interest generated by the fund is credited to the fund. The
26 commission shall administer the fund.
27 2. Sources of funding. The following must be deposited in the fund:
28 A. The qualifying contributions and additional qualifying contributions required under
29 section 1125 when those contributions are submitted to the commission;
30 B. Three Two million dollars of the revenues from the taxes imposed under Title 36,
31 Parts 3 and 8 and credited to the General Fund, transferred to the fund by the State
32 Controller on or before January 1st of each year, beginning January 1, 1999. These
33 revenues must be offset in an equitable manner by an equivalent reduction in tax
34 expenditures as defined in Title 36, section 199‑A, subsection 2. This section may not
35 affect the funds distributed to the Local Government Fund under Title 30‑A, section
36 5681.
37 C. Revenue from a tax checkoff program allowing a resident of the State who files a
38 tax return with the State Tax Assessor to designate that $3 be paid into the fund. In the
39 case of a joint return, each spouse may designate that $3 be paid. The State Tax
40 Assessor shall report annually the amounts designated for the fund to the State
41 Controller, who shall transfer that amount to the fund;
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 1 D. Seed money contributions remaining unspent after a candidate has been certified
2 as a Maine Clean Publicly Financed Election Act candidate under section 1125,
3 subsection 5;
4 E. Fund revenues that were distributed to a Maine Clean Election Act certified
5 candidate and that remain unspent after the candidate has lost a primary election or
6 after all general elections;
7 F. Other unspent fund revenues distributed to any Maine Clean Election Act certified
8 candidate who does not remain a certified candidate throughout a primary or general
9 election cycle;
10 G. Voluntary donations made directly to the fund; and
11 H. Fines collected under section 1020‑A, subsection 4‑A and section 1127.
12 4. Report on fund amount; operating margin. By January 1st of each year the
13 commission shall provide to the Legislature and the Governor a report of its projection of
14 the revenues and expenditures of the Maine Clean Election Fund fund for the subsequent
15 4-year period. The commission shall include in the report an operating margin of 20% to
16 ensure sufficient funds in the event of higher-than-expected participation in the Maine
17 Clean Publicly Financed Election Act. If any such report shows that the projected revenue
18 for the subsequent 4-year period exceeds the projected expenses for that 4-year period plus
19 the 20% operating margin, the commission shall notify the Legislature and the Governor
20 and request that the amount of expected funding that exceeds the expected demand on the
21 fund plus the operating margin be transferred to the General Fund. The Department of
22 Administrative and Financial Services, Bureau of Revenue Services shall assist the
23 commission with revenue projections required by this subsection. If at any time the
24 commission determines that projected revenue is not sufficient to cover the projected
25 demand for funds in the 4-year period plus the operating margin, the commission may
26 submit legislation to request additional funding.
27 Sec. 18. 21-A MRSA §1125, sub-§1, as amended by PL 2019, c. 323, §27, is
28 further amended to read:
29 1. Declaration of intent. A participating candidate shall file a declaration of intent to
30 seek certification as a Maine Clean Election Act candidate under subsection 5 and to
31 comply with the requirements of this chapter. The declaration of intent must be filed with
32 the commission prior to or during the qualifying period, except as provided in subsection
33 11, according to forms and procedures developed by the commission. Qualifying
34 contributions collected more than 5 business days before the declaration of intent has been
35 filed will not be counted toward the eligibility requirements in subsection 3 or 3‑A.
36 Sec. 19. 21-A MRSA §1125, sub-§2, as amended by IB 2015, c. 1, §15, is further
37 amended to read:
38 2. Contribution limits for participating candidates. Subsequent to becoming a
39 candidate as defined by section 1, subsection 5 and prior to certification under subsection
40 5, a participating candidate may not accept contributions, except for seed money
41 contributions. A participating candidate must limit the candidate's total seed money
42 contributions to the following amounts:
43 A. Two hundred thousand dollars for a gubernatorial candidate;
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 1 B. Three thousand dollars for a candidate for the State Senate; or
2 C. One thousand dollars for a candidate for the State House of Representatives.
3 The commission may, by rule, revise these amounts to ensure the effective implementation
4 of this chapter.
5 Sec. 20. 21-A MRSA §1125, sub-§2-A, as amended by PL 2019, c. 323, §28, is
6 further amended to read:
7 2-A. Seed money restrictions. To be eligible for certification under subsection 5, a
8 participating candidate may collect and spend only seed money contributions made by a
9 registered voter in the electoral division for the office the candidate is seeking subsequent