§ 21-A §1020-A — Failure to file on time

Maine § 21-A §1020-A

• Jurisdiction: Maine
• Title 21-A: ELECTIONS
• Ch. 13: CAMPAIGN REPORTS AND FINANCES

Text

1.
Registration.
A candidate that fails to register the name of a candidate, treasurer or political committee with the commission within the time allowed by section 1013‑A, subsection 1 may be assessed a forfeiture of $100. The commission shall determine whether a registration satisfies the requirements for timely filing under section 1013‑A, subsection 1.
2.
Campaign finance reports.
A campaign finance report is not timely filed unless a properly signed or electronically submitted copy of the report, substantially conforming to the disclosure requirements of this subchapter, is received by the commission by 11:59 p.m. on the date it is due. Except as provided in subsection 7, the commission shall determine whether a report satisfies the requirements for timely filing. The commission may waive a penalty in whole or in part if the commission determines that the penalty is disproportionate to the size of the candidate's campaign, the level of experience of the candidate, treasurer or campaign staff or the harm suffered by the public from the late disclosure. The commission may waive the penalty in whole or in part if the commission determines the failure to file a timely report was due to mitigating circumstances. For purposes of this section, "mitigating circumstances" means:
3.
Municipal campaign finance reports.
Municipal campaign finance reports must be filed, subject to all the provisions of this subchapter, with the municipal clerk on forms prescribed by the Commission on Governmental Ethics and Election Practices. The municipal clerk shall send any notice of lateness required by subsection 6 and shall notify the commission of any late reports subject to a penalty.
4.
Basis for penalties.
4-A.
Basis for penalties.
The penalty for late filing of a report required under this subchapter is a percentage of the total contributions or expenditures for the filing period, whichever is greater, multiplied by the number of calendar days late, as follows:
5.
Maximum penalties.
5-A.
Maximum penalties.
Penalties assessed under this subchapter may not exceed:
6.
Request for a commission determination.
If a candidate or a political committee files a report required under this subchapter late, a notice of preliminary penalty must be sent to the candidate or political committee whose registration or campaign finance report was not received by 11:59 p.m. on the deadline date, informing the candidate or political committee of the staff finding of violation and preliminary penalty calculated under subsection 4‑A and providing the candidate or political committee with an opportunity to request a determination by the commission. Any request for a determination must be made within 14 calendar days of receipt of the commission's notice. A candidate or political committee requesting a determination may either appear in person or designate a representative to appear on the candidate's or political committee's behalf or submit a sworn statement explaining the mitigating circumstances for consideration by the commission. A final determination by the commission may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.
7.
Final notice of penalty.
If a determination has been requested by the candidate or political committee and made by the commission, notice of the commission's final determination and the penalty, if any, imposed pursuant to this subchapter must be sent to the candidate and the political committee.
8.
Penalties for failure to file report.
If the commission staff finds that a candidate, party committee or other person has failed to file a report required under this subchapter, the commission staff shall send by regular mail and e-mail a notice to the candidate, party committee or person within 3 business days following the filing deadline informing the candidate, party committee or person that the report has not been received. If the report remains unfiled after 10 days, the commission staff shall send another notice by regular mail and e-mail. If the candidate, party committee or person has not filed the report after these 2 notices, the commission staff may refer the violation to the commission, which may, after providing notice and an opportunity to be heard, determine whether a violation has occurred and, if so, the amount of any penalty. The penalty may not exceed the maximum penalties as provided in subsection 5‑A. A candidate party committee or other person who fails to file a report as required by this subchapter after the commission has sent the first 2 notices required by this subsection is guilty of a Class E crime. As an alternative to assessing a penalty, the commission may refer the violation to the Office of the Attorney General for potential criminal prosecution.
8-A.
Penalties for failure to file report.
9.
List of late-filing candidates.
10.
Enforcement.
A penalty assessed pursuant to this section that has not been paid in full within 30 days after issuance of a notice of the final determination may be enforced in accordance with section 1004‑B.

Legislative History

RR 1995, c. 1, §10 (COR). IB 1995, c. 1, §15 (AMD). RR 1995, c. 2, §38 (COR). PL 1995, c. 483, §15 (NEW). PL 1995, c. 625, §B5 (AMD). PL 1999, c. 426, §§32,33 (AMD). PL 1999, c. 729, §5 (AMD). PL 2001, c. 470, §§7,8 (AMD). PL 2001, c. 470, §11 (AFF). PL 2001, c. 714, §PP1 (AMD). PL 2001, c. 714, §PP2 (AFF). RR 2003, c. 1, §14 (COR). PL 2003, c. 302, §4 (AMD). PL 2003, c. 448, §4 (AMD). PL 2003, c. 628, §§A3-6 (AMD). PL 2007, c. 443, Pt. A, §§21-25 (AMD). PL 2009, c. 190, Pt. A, §§13, 14 (AMD). PL 2009, c. 302, §§5-7 (AMD). PL 2009, c. 366, §6 (AMD). PL 2009, c. 366, §12 (AFF). PL 2011, c. 389, §§22-25 (AMD). PL 2011, c. 389, §62 (AFF). PL 2011, c. 558, §§3-5 (AMD). PL 2013, c. 334, §17 (AMD). IB 2015, c. 1, §§7, 8 (AMD). PL 2019, c. 323, §§18, 19 (AMD). PL 2023, c. 324, §14 (AMD). PL 2025, c. 224, §§13-16 (AMD).