§ 21-A §1125 — Terms of participation

Maine § 21-A §1125

• Jurisdiction: Maine
• Title 21-A: ELECTIONS
• Ch. 14: THE MAINE CLEAN ELECTION ACT

Text

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.
2.
Contribution limits for participating candidates.
Subsequent to becoming a candidate as defined by section 1, subsection 5 and prior to certification, a participating candidate may not accept contributions, except for seed money contributions. A participating candidate must limit the candidate's total seed money contributions to the following amounts:
2-A.
Seed money restrictions.
To be eligible for certification, a participating candidate may collect and spend only seed money contributions subsequent to becoming a candidate and prior to certification. A participating candidate may not solicit, accept or collect seed money contributions after certification as a Maine Clean Election Act candidate.
2-B.
Seed money required for gubernatorial candidates; documentation.
2-C.
Change in campaign financing.
If a candidate has accepted contributions as a candidate for Governor, State Senator or State Representative that are not seed money contributions as defined in section 1122, subsection 9 or do not comply with the seed money restrictions in subsections 2 and 2‑A, the candidate is ineligible for certification in the same election cycle.
3.
Qualifying contributions.
The collection of qualifying contributions is governed by this subsection.
3-A.
Additional qualifying contributions.
Participating or certified candidates may collect and submit to the commission additional qualifying contributions at the times specified in subsection 8‑E. The commission shall credit a candidate with either one qualifying contribution or one additional qualifying contribution, but not both, from any one contributor during the same election cycle. If any candidate collects and submits to the commission qualifying contributions or additional qualifying contributions that cannot be credited pursuant to this subsection, those qualifying contributions or additional qualifying contributions may be refunded to the contributor or deposited into the Maine Clean Election Fund at the discretion of the candidate. The procedures and restrictions set out in subsection 3, paragraphs E to J apply to additional qualifying contributions.
3-B.
Receipt and acknowledgment forms.
The commission shall prepare forms for persons making qualifying contributions to acknowledge the contribution as provided in section 1122, subsection 7, paragraph D. A qualifying contribution is not valid if anyone other than the contributor signed the contributor's name to the form, except that a qualifying contribution is valid if it is signed by the contributor's immediate family member or live-in caregiver when the contributor is unable to sign due to a physical impairment or disability.
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.
5.
Certification of Maine Clean Election Act candidates.
Upon receipt of a final submittal of qualifying contributions by a participating candidate, the executive director of the commission shall determine whether the candidate has:
5-A.
Revocation of certification.
The certification of a certified candidate may be revoked at any time if the commission determines that the candidate or an agent of the candidate:
5-B.
Restrictions on serving as treasurer.
A participating or certified candidate may not serve as a treasurer or deputy treasurer for that candidate's campaign, except that the candidate may serve as treasurer or deputy treasurer for up to 14 days after declaring an intention to qualify for campaign financing under this chapter until the candidate identifies another person to serve as treasurer.
6.
Restrictions on contributions and expenditures for certified candidates.
After certification, a candidate must limit the candidate's campaign expenditures and obligations, including outstanding obligations, to the revenues distributed to the candidate from the fund and may not accept any contributions unless specifically authorized by the commission. Candidates may also accept and spend interest earned on fund revenues in campaign bank accounts. All revenues distributed to a certified candidate from the fund must be used for campaign-related purposes. The candidate, the treasurer, the candidate's committee authorized pursuant to section 1013‑A, subsection 1 or any agent of the candidate and committee may not use these revenues for any but campaign-related purposes. The candidate, the treasurer, the candidate's committee authorized pursuant to section 1013‑A, subsection 1 or any agent of the candidate and committee may not use these revenues for post-election parties. This section does not prohibit a candidate from using personal funds for post-election parties as governed by rules of the commission. The commission shall publish guidelines outlining permissible campaign-related expenditures.
6-A.
Assisting a person to become an opponent.
A candidate or a person who later becomes a candidate and who is seeking certification under subsection 5, or an agent of that candidate, may not assist another person in qualifying as a candidate for the same office if such a candidacy would result in the distribution of revenues under subsections 7 and 8‑F for certified candidates in a contested election.
6-B.
Expenditures as payment to household members.
6-C.
Expenditures to the candidate or family or household members.
Expenditures to the candidate or immediate family member or household member of the candidate are governed by this subsection.
6-D (omitted).
6-E.
Expenditures for television advertising.
A certified candidate must include closed-captioning within any television advertisement that the candidate provides to a broadcasting or cable television station for broadcast to the public, except for an advertisement aired in the final 4 days before an election if inclusion of closed-captioning during that period is impractical or would materially affect the timing of the candidate's advertisement.
6-F.
Participation in political action committees.
A participating candidate or a certified candidate may not establish a political action committee for which the candidate is a treasurer or principal officer or for which the candidate is primarily responsible for fund-raising or decision making. This prohibition applies between April 1st immediately preceding a general election through:
7.
Timing of initial fund distribution.
The commission shall distribute to certified candidates revenues from the fund in amounts determined under subsections 8‑B to 8‑D in the following manner.
7-A.
Deposit into account; release of bank records.
A candidate or a committee authorized pursuant to section 1013‑A, subsection 1 shall deposit all revenues from the fund and all seed money contributions in an account, referred to in this subsection as a "campaign account," with a bank or other financial institution. The campaign funds must be segregated from, and may not be commingled with, any other funds.
7-B.
Timing of supplemental fund distribution.
The following provisions govern the timing of supplemental fund distributions.
8.
Amount of fund distribution.
8-A.
Amount of fund distribution.
8-B.
Distributions to certified gubernatorial candidates.
Distributions from the fund to certified gubernatorial candidates must be made as follows.
8-C.
Distributions to certified candidates for State Senate.
Distributions from the fund to certified candidates for the State Senate must be made as follows.
8-D.
Distributions to certified candidates for State House of Representatives.
Distributions from the fund to certified candidates for the State House of Representatives must be made as follows.
8-E.
Collection and submission of additional qualifying contributions.
Participating or certified candidates may collect and submit additional qualifying contributions in accordance with subsection 3‑A to the commission as follows:
8-F.
Amount of distributions.
On December 1st of each even-numbered year the commission shall review and adjust the distribution amounts in subsections 8‑B to 8‑D based on the Consumer Price Index as reported by the United States Department of Labor, Bureau of Labor Statistics. If an adjustment is warranted by the Consumer Price Index, the distribution amounts must be adjusted, rounded to the nearest amount divisible by $25. When making adjustments under this subsection, the commission may not change the number of qualifying contributions or additional qualifying contributions required to trigger an initial distribution or an increment of supplemental distribution. The commission shall post information about the distribution amounts including the date of any adjustment on its publicly accessible website and include this information with any publication to be used as a guide for candidates.
9.
Matching funds.
10.
Candidate not enrolled in a party.
An unenrolled candidate for the Legislature who submits the required number of qualifying contributions and other required documents under subsection 4 by 5:00 p.m. on April 20th preceding the primary election and who is certified is eligible for revenues from the fund in the same amounts and at the same time as an uncontested primary election candidate and a general election candidate as specified in subsections 7, 8‑C and 8‑D. Revenues for the general election must be distributed to the candidate as specified in subsection 7. An unenrolled candidate for Governor who submits the required number of qualifying contributions and other required documents under subsection 4 by 5:00 p.m. on April 1st preceding the primary election and who is certified is eligible for revenues from the fund in the same amounts and at the same time as an uncontested primary election gubernatorial candidate and a general election gubernatorial candidate as specified in subsections 7 and 8‑B. Revenues for the general election must be distributed to the candidate for Governor as specified in subsection 7.
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.
11-A.
Vacancies, withdrawals or replacement candidates.
If a candidate dies, withdraws or is disqualified before an election, the qualifying period for any replacement 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.
12.
Reporting; unspent revenue.
Notwithstanding any other provision of law, the treasurer or deputy treasurer of participating and certified candidates shall report any money collected, all campaign expenditures, obligations, refunds received by a candidate or agent of that candidate and related activities to the commission according to procedures developed by the commission. If a certified candidate pays fund revenues to a member of the candidate's immediate family or household or a business or nonprofit entity affiliated with a member of the candidate's immediate family or household, the treasurer or deputy treasurer must disclose the candidate's relationship to the payee in a manner prescribed by the commission. In developing these procedures, the commission shall utilize existing campaign reporting procedures whenever practicable. The commission shall ensure timely public access to campaign finance data and may utilize electronic means of reporting and storing information. Upon the filing of a final report for any primary election in which the candidate was defeated and for all general elections, that candidate shall return all unspent fund revenues to the commission. If the candidate or agent of the candidate receives a refund of an expenditure made for the campaign after filing the final report, the candidate shall return those funds to the fund within 14 days of receiving the refund.
12-A.
Required records.
The candidate or treasurer shall obtain and keep:
12-B.
Audit requirements for candidates for Governor.
The commission shall audit the campaigns of candidates for Governor who receive funds under this chapter to verify compliance with election and campaign laws and rules. Within one month of declaring an intention to qualify for public financing, a candidate for Governor, the campaign's treasurer and any other relevant campaign staff shall meet with the staff of the commission to discuss audit standards, expenditure guidelines and record-keeping requirements.
12-C.
Payments to political committees.
If a certified candidate makes a payment of fund revenues to a political action committee or party committee, the candidate shall include in reports required under this section a detailed explanation of the goods or services purchased according to forms and procedures developed by the commission that is sufficient to demonstrate that the payment was made solely to promote the candidate's election.
12-D.
Duties of the campaign treasurer and deputy treasurer.
The treasurer shall file all campaign finance reports required by section 1017, this chapter and commission rules, unless the treasurer delegates the filing of reports to the deputy treasurer designated on the candidate's registration. A candidate may enter financial transactions in an electronic reporting system or on paper forms of the commission, but the report must be filed by the treasurer or deputy treasurer. The treasurer is jointly responsible with the candidate for ensuring that the campaign keeps all records required by section 1016, this chapter and commission rules. If the candidate keeps the records, the candidate shall provide the treasurer or deputy treasurer with access to the records for the purpose of filing complete and accurate campaign finance reports. The commission may hold the candidate and treasurer jointly and severally liable for any penalties assessed for violations of the financial reporting or record-keeping requirements of this chapter, chapter 13 and commission rules. If the deputy treasurer files reports for the campaign, the commission may hold the deputy treasurer jointly and severally liable for any penalties related to reports filed by the deputy treasurer.
13.
Distributions not to exceed amount in fund.
13-A.
Distributions not to exceed amount in fund.
The commission may not distribute revenues to certified candidates in excess of the total amount of money deposited in the fund as set forth in section 1124. Notwithstanding any other provisions of this chapter, if the commission determines that the revenues in the fund are insufficient to meet distributions under subsection 8‑F, the commission may permit certified candidates to accept and spend contributions, reduced by any seed money contributions, aggregating no more than the applicable contribution limits established by the commission pursuant to section 1015, up to the applicable amounts set forth in subsection 8‑F according to rules adopted by the commission.
14.
Appeals.
A candidate who has been denied certification as a Maine Clean Election Act candidate by the commission's executive director, the opponent of a candidate who has been granted certification as a Maine Clean Election Act candidate or other interested persons may challenge a certification decision by the executive director as follows.

Legislative History

IB 1995, c. 1, §17 (NEW). PL 2001, c. 465, §§4-6 (AMD). PL 2003, c. 270, §§1,2 (AMD). PL 2003, c. 448, §5 (AMD). PL 2003, c. 453, §§1,2 (AMD). PL 2003, c. 688, §§A21,22 (AMD). PL 2005, c. 301, §§29-32 (AMD). PL 2005, c. 542, §§3-5 (AMD). PL 2007, c. 240, Pt. F, §1 (AMD). PL 2007, c. 443, Pt. B, §6 (AMD). PL 2007, c. 567, §2 (AMD). PL 2007, c. 571, §§11, 12 (AMD). PL 2007, c. 642, §11 (AMD). PL 2009, c. 105, §1 (AMD). PL 2009, c. 190, Pt. B, §2 (AMD). PL 2009, c. 286, §§6-9 (AMD). PL 2009, c. 302, §§11-22 (AMD). PL 2009, c. 302, §24 (AFF). PL 2009, c. 363, §§2-11 (AMD). PL 2009, c. 524, §§14-18 (AMD). PL 2009, c. 652, Pt. A, §§23, 25, 27 (AMD). PL 2009, c. 652, Pt. A, §§24, 26, 28 (AFF). PL 2011, c. 389, §§51-59 (AMD). PL 2011, c. 389, §62 (AFF). PL 2011, c. 522, §§2, 3 (AMD). PL 2011, c. 522, §4 (AFF). PL 2011, c. 558, §§6-9 (AMD). PL 2013, c. 334, §§33-35 (AMD). PL 2015, c. 116, §1 (AMD). PL 2015, c. 116, §2 (AFF). IB 2015, c. 1, §§15-27 (AMD). PL 2017, c. 31, §1 (AMD). PL 2019, c. 323, §§27-33 (AMD). PL 2019, c. 635, §6 (AMD). PL 2021, c. 132, §§10-15 (AMD). PL 2021, c. 217, §12 (AMD). PL 2023, c. 211, §§1-4 (AMD). PL 2023, c. 324, §§17-20 (AMD).